NASCAR reveals reason for opposing injunction in lawsuit vs. Front Row, 23XI Racing

On Wednesday night, NASCAR filed a response to the preliminary injunction 23XI Racing and Front Row Motorsports are seeking in the lawsuit. The injunction would allow the teams to sign the charter agreement without giving up their rights to their antitrust claims.

NASCAR included a provision in the charter agreement that teams could not sue the sanctioning body regarding antitrust claims. It is one of the main reasons why 23XI and Front Row chose to file this lawsuit against NASCAR.

In response to that request for an injunction, NASCAR is using three key points. They are also seeking an extension due to the impact of Hurricane Milton. But they did list a summary of what their arguments will be.

“Injunction, Defendants are working to prepare oppositions that provide argument, applicable law, and evidentiary support to demonstrate Defendants’ positions: 1) Plaintiffs are seeking a mandatory injunction that is only warranted in the most extraordinary circumstances (which are not present here) since they are seeking to alter the status quo through an injunction requiring NASCAR to provide Charters for 2025 and beyond notwithstanding that the time to sign Charters for 2025 has expired; 2) Plaintiffs cannot establish irreparable harm since plaintiffs and their counsel have confirmed that Plaintiffs’ teams will compete as open teams in 2025, which means that money damages can compensate Plaintiffs even if they were to ultimately prevail; and 3) Plaintiffs cannot establish a likelihood of success on the merits for multiple reasons, including that this is a dispute over contract terms, not an antitrust case. That preparation requires communication with employees directly affected by Hurricane Milton.”

Bob Pockrass of FOX Sports shared the response on X/Twitter.

In filing tonight, NASCAR indicates why it will oppose preliminary injunction. Mainly they argue no irreparable harm b/c the teams plan to race as open teams if they lose this motion and therefore monetary damages could compensate the teams if the teams ultimately prevail. https://t.co/PLuBwagFko pic.twitter.com/cwJ8nnRrzq

— Bob Pockrass (@bobpockrass) October 10, 2024

NASCAR responds to injunction request in lawsuit

So, NASCAR has responded. They are represented by Chris Yates. Yates is a familiar face in this kind of law much in the same way that Jeffrey Kessler is. While both experienced, the NASCAR lawsuit is a new realm.

In the filing that 23XI Racing and Front Row Motorsports made, they use four main arguments as to why they should be granted an injunction.

First, they have a likelihood of success on the merits. Basically, they believe that they have a chance to win the lawsuit and therefore shouldn’t be punished while the litigation is ongoing. Point two argues that they will suffer irreparable harm. NASCAR argues it is only monetary harm and therefore can be repaired.

The third argument is that the “Balance of Equities Favor an Injunction.” 23XI and Front Row are saying that they will be harmed far more without an injunction than NASCAR will be if one is granted. And the final point is that an injunction is in favor of the public interest.

So, we have the next step in the NASCAR lawsuit. It will be very interesting to see where this goes in the end.