NASCAR responds to 23XI, Front Row request for expedited appeal in lawsuit

Another back and forth in the lawsuit against NASCAR from 23XI Racing and Front Row Motorsports over the preliminary injunction. It was originally denied and now the teams want the appeal to be expedited.

Of course, NASCAR doesn’t want to expedite much of anything related to this case. Dragging it out as much as possible seems to be in their best interest, at least to from my perspective.

In response to the request for an expedited appeal, NASCAR filed their argument against it. They cite a short period to file an opening brief and the Thanksgiving holiday as restraints on their legal team’s ability to respond properly.

From Bob Pockrass of FOX Sports:
“There is … certainly no urgency that would justify Plaintiffs’ extraordinary request to require NASCAR to file its opening brief within a mere 12 days, over a period that includes the Thanksgiving holiday,” attorneys for the sanctioning body wrote in the response.

” … Moreover, Plaintiffs’ proposed schedule is highly unfair to this Court: it would give the Court only one week with that briefing before oral argument.”

NASCAR on 23XI / FRM motion to expedite appeal: "… Moreover, Plaintiffs’ proposed schedule is highly unfair to this Court: it would give the Court only one week with that briefing before oral argument." (2/2)

— Bob Pockrass (@bobpockrass) November 18, 2024

Just to recap, 23XI Racing and Front Row Motorsports are seeking a preliminary injunction in the NASCAR lawsuit. This injunction would be a court order to allow the teams to enter into the charter agreement with NASCAR, but would waive the section in the agreement that forfeits teams’ rights to sue the sanctioning body for antitrust claims.

It would, in the opinion of the teams, allow everyone to operate business as usual pending the results of the lawsuit against NASCAR. The teams are arguing that without the injunction they will suffer irreparable harm.

NASCAR lawsuit continues into the offseason

The NASCAR season is over but the lawsuit continues. Things are not looking like they are tipping toward either side at the moment. Although it feels like NASCAR might have the upper hand early pending this injunction request.

23XI Racing and Front Row Motorsports were given a small win. The sanctioning body waived the same antitrust clause that is in the charter agreement for the open car agreement. This will allow the teams to at least compete as open cars in 2025, which they have stated they will do if they have to in court filings.

However, 23XI has argued that even as open cars, they could have harm done to them. Tyler Reddick for instance could leave for another team, which is likely to do with something in his contract. Sponsors could leave. The teams argue that they could lose unmeasurable “goodwill” in the sport itself.

The NASCAR lawsuit is likely going to drag on. We are going to be talking about this well into the 2025 season and likely beyond. Early moves right now. Each side has a couple of pawns one or two moves off the frontline and are setting up for what is sure to be a long chess match.