The first step in the antitrust lawsuit 23XI Racing and Front Row Motorsports filed against NASCAR occurred Monday as attorneys argued over the preliminary injunction the teams want for the 2025 season.
“It was a vigorous argument,” Jeffrey Kessler from Winston & Strawn, the lead attorney for the teams, said afterward. “I think we made all the points we had to make, and we’re going to look forward to Friday and, hopefully, get our injunction.”
The hearing took place in the federal courthouse of the Western District of North Carolina before United States District Judge Frank D. Whitney. Whitney told the court both sides gave extraordinary arguments to take under advisement, and the hope is to have a decision by Friday.
NASCAR will crown its 2024 champions this weekend at Phoenix Raceway.
Most of Monday’s proceedings revisited previously-filed motions and responses. However, Kessler argued before the c ourt that 23XI Racing and Front Row Motorsports running as an open team put their standing in the industry at risk. In addition to prize money that is less than what a charter team makes, he said, drivers and sponsors could leave the organization.
“I think we laid out very clearly what our request is,” Kessler said. “I think the other side worked very hard in their papers and in their presentation to present a case that doesn’t exist, and I think by the end of the hearing, it was very clear what we’re asking for and why we’re entitled to that relief.”
All of the parties involved for the race teams attended the hearing. Michael Jordan, Denny Hamlin, Bob Jenkins, and Curtis Polk all sat together behind their representation.
NASCAR chairman and CEO Jim France was in attendance, as was senior advisor Mike Helton.
The preliminary injunction is for 23XI Racing and Front Row Motorsports to compete as charter teams in 2025. As part of their argument, the teams are asking for the antitrust release clause in the charter agreement to be waived for the duration of the legal proceedings.
The release clause was a large topic of focus. It says that once a team has signed the charter – or open – agreement, they cannot sue NASCAR.