NASCAR has opposed a request from Michael Jordan’s 23XI Racing and Front Row Motorsports for an expedited appeal of a recent court ruling that denied their motion for a preliminary injunction. On Monday, NASCAR filed a response urging the U.S. Court of Appeals for the Fourth Circuit to reject the teams’ request for a faster review.
The legal dispute stems from a decision on November 8, when U.S. District Judge Frank D. Whitney denied a court order that would have allowed 23XI Racing and Front Row Motorsports to compete as chartered teams without actually signing a charter. The teams argued that racing as open teams, rather than chartered ones, would harm their ability to retain drivers, sponsors, and fans. However, Judge Whitney dismissed these concerns as speculative, ruling that the teams had not demonstrated immediate harm.
In their appeal, 23XI Racing and Front Row Motorsports requested an expedited review, asking the appellate court to hear oral arguments before December 14. With the court not scheduled to convene again until January 28, 2025, the teams are seeking to accelerate the process to avoid disruption ahead of the 2024 NASCAR season.
NASCAR, however, opposed the request, with attorney Gregory G. Garre arguing that the appeal was “highly unfair” and would place undue burden on both the court and NASCAR. Garre further criticized the timing, pointing out that requiring NASCAR to submit its opening brief within 12 days, including during the Thanksgiving holiday when many of NASCAR’s legal team members are traveling, would be unreasonable. He also noted that judges would have only a week to review the appeal before considering additional cases.
Meanwhile, sports litigator Jeffrey Kessler, representing 23XI Racing and Front Row Motorsports, announced on Saturday that his clients would race as open teams in the 2024 season, which begins on February 2. The teams will proceed without forfeiting their antitrust claims, as NASCAR has provided an open team agreement that does not include a release of claims provision.
Michael Jordan, a Hall of Fame NBA legend, co-owns 23XI Racing with Denny Hamlin, a three-time Daytona 500 winner. The legal battle continues to unfold as the teams prepare for the upcoming season.
yourNEWS is a hyper-local social news and advertising platform. Our monetization model empowers Citizen Journalists to report the news in local and national markets. The views expressed in this article are those of the author and do not reflect the official position of yourNEWS. (Note: Articles may not be original content. Reference byline for original source.)
