23XI Racing, Front Row trade blows with NASCAR in new lawsuit filings

Another day and another round of filings in the lawsuit against NASCAR from 23XI Racing and Front Row Motorsports. This time, the two sides are going back and forth over evidence regarding the preliminary injunction the teams are seeking.

When seeking a preliminary injunction, the plaintiffs will first file the motion. Then the other side responds. After that, there is a reply from the plaintiffs once more and then a hearing.

NASCAR is claiming the teams violated this procedure in their new filing in the lawsuit. 23XI and FRM introduced evidence of NASCAR allegedly claiming they would be able to buy the Stewart-Haas charters and then having them revoked because of the lawsuit.

The evidence included an affidavit from Joe Custer, president of SHR and now Haas Factory Team.

According to Bob Pockrass of FOX Sports, NASCAR wants the new information to be stricken or be allowed to respond to the new information.

But NASCAR says b/c 23XI/FRM reply filed yesterday incl new allegations that should have been in original motion that they should get to respond again or new info to be stricken. NASCAR says teams indicate the new info filed is appropriate for things said in NASCAR response (2/2)

— Bob Pockrass (@bobpockrass) December 13, 2024

The teams have also responded to the new filing from NASCAR. Their argument is that the reaction from NASCAR to reject the sale of the Stewart-Haas charters was unexpected. They also claim that the new information is closely tied to their argument and request for an injunction.

23XI/FRM filing today says nothing filed Thursday breaks procedure as they had no reason to suspect NASCAR would “abruptly reverse course and reject the SHR transfer” of charters. They say it is intimately related to injunction request & issue was part of NASCAR earlier response. https://t.co/CrumMlLUjl

— Bob Pockrass (@bobpockrass) December 13, 2024

This is a legal spat over procedure and rules. A judge is going to sift through this and decide how to move forward. I won’t speculate on what that decision will be because you never know. It could easily favor NASCAR or 23XI and Front Row.

NASCAR lawsuit heats up with new info

23XI Racing and Front Row are attempting to show irreparable harm is being done to them. That means harm that cannot be made “whole” again with money. Completely losing one’s business, standing in an industry, or other harms – that is what the teams are trying to prove.

If they show harm, the court may grant the injunction. It would allow 23XI and FRM to sign charter agreements, pending the results of the lawsuit. The injunction would also waive the antitrust clause in the agreements for the duration of the lawsuit.

Jerry Freeze is claiming that he was told by NASCAR in September his organization would be able to purchase the Stewart-Haas Racing charter as the teams agreed. Now, he is being told he must drop the lawsuit to buy that charter.

23XI president Steve Lauletta also responded to allegations from NASCAR. In the latest response from the sanctioning body, they were harsh. NASCAR accused the team of manufacturing evidence. Lauletta responded by saying, “This is completely false.”

The new filing in the NASCAR lawsuit also includes an affidavit from Joe Custer. Custer is the former president of Stewart-Haas Racing and the current president of Haas Factory Team.