Front Row, 23XI hit back at NASCAR in new lawsuit filing tying in SHR's Joe Custer

A new filing from 23XI Racing and Front Row Motorsports could shake up the lawsuit the two teams have against NASCAR. Front Row General Manager Jerry Freeze is claiming irreparable harm as the teams bid for a preliminary injunction, and a new affidavit from Joe Custer was revealed.

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.

Bob Pockrass of FOX Sports reported on the new filings. It appears that 23XI Racing and Front Row are making a big push.

In trying to show irreparable harm, Front Row's Jerry Freeze, in new filing today, alleges that Steve Phelps told him in September the transfer of the SHR charter to FRM is approved but that NASCAR is now telling the team they must drop the lawsuit for that to happen. (1/2)

— Bob Pockrass (@bobpockrass) December 12, 2024

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.”

Also in today's filing, 23XI president Steve Lauletta responded to NASCAR allegation that similar emails from drivers (content of emails is redacted) indicated a coordinated effort by 23XI to manufacture proof of potential irreparable harm. Lauletta: "This is completely false."

— Bob Pockrass (@bobpockrass) December 12, 2024

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.

Joe Custer affidavit filed in NASCAR lawsuit

The most interesting part of the filing is perhaps this statement from Joe Custer. An affidavit is simply a written statement that has been taken under oath. So, why is this so interesting? This is the first instance of another executive or team participating in the lawsuit.

According to Pockrass, Custer was told multiple times by NASCAR that Haas would be able to transfer their charters to 23XI and FRM. He also claims that Haas Factory Team does not have the resources or employees to operate those two teams in 2025.

23XI/FRM filing today includes affidavit from SHR's Joe Custer, who says that NASCAR had told him on more than one occasion (no dates given) that the transfers to 23XI and FRM would be approved. He said they do not have the personnel/resources to run two more teams. (2/2)

— Bob Pockrass (@bobpockrass) December 12, 2024

However, the sale of the charters has not been approved. Now, instant reaction, this seems significant. But this is a lawsuit. So, a court is going to look through the layers of drama and at the facts directly. When a decision comes from the judge we will all know who was right.

The NASCAR lawsuit continues to unfold. It is very early. Yesterday the case was transferred to a different judge. What happens next is anyone’s best guess.