A federal judge has denied the request for a preliminary injunction from 23XI Racing and Front Row Motorsports, marking another major development in the ongoing antitrust dispute with NASCAR.
The ruling, issued by Judge Bell, emphasized that the harm alleged by the teams did not meet the threshold of being “irreparable,” meaning the case will move forward to trial without immediate intervention from the court.
Judge Explains Reasoning in Ruling
Judge Bell said NASCAR’s updated “Open” rules ensure 23XI Racing and Front Row Motorsports can still compete in all 2025 Cup Series races.
Judge Bell wrote, as reported by Dustin Long of NBC Sports, “First, NASCAR has changed its ‘Open’ racing rules. In a way that guarantees that Plaintiffs will be able to fully participate in each of the remaining Cup Series races.”
“The loss of the ‘fixed’ Charter payouts and the uncertainty of ongoing relationships with drivers and sponsors can either be compensated with money, damages at trial, or is simply inherent in the risks associated with the lawsuit.”
The judge pointed out that the 2026 season is still uncertain for everyone in the Cup Series. He emphasized that any harm would depend on the trial’s outcome, not the present situation.
Charter Dispute and Status Quo
A significant point of contention has been the handling of charter transfers. The plaintiffs argued that losing access to charters could effectively destroy their businesses.
Judge Bell acknowledged the seriousness of this concern. But pointed out NASCAR’s agreement to maintain the status quo.
“With respect to the sale / transfer / etc. of additional Charters pending a ruling on the merits. Plaintiffs (23XI Racing and Front Row Motorsports) claim that the transfer of the Charter spots Plaintiffs had been using prior to this dispute would ‘destroy their businesses’ under the current Charter Agreement regime.”
“This is a fair and significant fear. However, NASCAR has agreed that it will in effect maintain the status quo with respect to those earlier Charter spots by limiting the number of new Charters issued to four.”
The judge added that NASCAR has authority under the 2025 Charter Agreements to create up to 40 Charter Members, so the addition of Charters 37–40 would not cause irreparable harm. In his words, as highlighted by Alex Zietlow.
“In other words, so long as the disputed Charters are available for the Court to potentially use as part of the final relief granted to Plaintiffs if they are successful at trial, then Plaintiffs are not irreparably harmed and no preliminary injunction is necessary or, indeed, permitted.”
Reaction from 23XI Racing and Front Row Motorsports
Attorney Jeffrey Kessler, representing 23XI Racing and Front Row Motorsports, framed the ruling as a partial victory. He emphasized that Judge Bell’s recognition of the status quo gives his clients security heading into trial.
“We are grateful that Judge Bell has made clear that the status quo is being maintained. This protects my clients’ rights to regain their charters if they prevail at trial. It also ensures their ability to continue racing through the 2025 season based on NASCAR’s commitments,” Kessler said.
He added that the judge’s acknowledgment of his power to mandate changes in NASCAR if the plaintiffs succeed provides a strong foundation heading into December’s trial.
“Equally important, Judge Bell reaffirmed his broad power to order meaningful changes in NASCAR should we succeed. This ensures that teams, drivers, sponsors, and fans can benefit from a sport positioned for long-term growth and restored competition. We are ready to present our case at trial in December.”
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