NASCAR shuts down 23XI, Front Row’s ‘manufactured evidence’ in new lawsuit filing

Another response from NASCAR in the lawsuit between the sanctioning body and 23XI Racing and Front Row Motorsports. The legal team for NASCAR is ripping into the arguments made by the teams once again.

23XI Racing and Front Row Motorsports are seeking a preliminary injunction. This is a court order that would essentially make NASCAR grant the organizations the ability to operate with charters while forgoing the antitrust clause, which is at the heart of this lawsuit.

The teams are arguing that there will be irreparable harm done to them if they aren’t given an injunction. One that would amount to more than just monetary damages. NASCAR does not believe this to be the case.

In the recent filing, NASCAR argues that the teams have failed, again, to show harm beyond hypothetical harm. They “can” lose drivers. They “might” have a sponsor leave. Vague ideas of harm, but nothing concrete and real.

Once again, NASCAR argues that the lawsuit is only being pursued to gain more favorable contractual terms. The teams are arguing that this is about the competition in the sport, in an economic sense- not a racing sense, and not about getting their way.

The hardest-hitting quote is perhaps this one that calls into question the evidence that 23XI and Front Row have provided:

“Even with their manufactured evidence, Plaintiffs still fall far short of a clear showing of irreparable harm. Their new submissions underscore that any claimed harm remains speculative, self-inflicted, and redressable with monetary damages.”

NASCAR is hoping this lawsuit goes away.

NASCAR wants to get rid of lawsuit

While a preliminary injunction is not needed, it would help 23XI and FRM’s case and take pressure off of them competitively. Instead, for now, it appears the teams will each race three open cars in 2025.

NASCAR has been consistent in their approach. They do not believe that the teams should be able to agree to the charters at this time. Meanwhile, the teams believe that an injunction is necessary to maintain the “status quo.”

Right now, it feels like until a driver or sponsor leaves 23XI or Front Row, NASCAR has a very strong argument. Then again, I’m not a judge or a lawyer, so what do I know? This is slightly above my 1.5 years as a Mock Trial attorney in college.

The NASCAR lawsuit is going to be the big story in the offseason. This injunction does not have to be granted for the lawsuit to continue, but it sure would help the teams if they could operate with charters versus as open teams.

You can view the full response for yourself below.