Michael Jordan’s 23XI and FRM state “irreparable harm has already been done” in their preliminary injunction appeal
23XI team owners Michael Jordan and Denny Hamlin filed an antitrust lawsuit in October with Front Row Motorsports (FRM) against NASCAR and CEO Jim France. They also requested to compete as chartered teams next year.
However, a federal ruling on November 8 denied the team's preliminary injunction. The judge said the teams failed to prove that they would face serious harm without the injunction. Now, 23XI and FRM have appealed the decision.
Fox Sports' Bob Pockrass shared details from their filing to the U.S. Court of Appeals.
"Irreparable harm has already begun because Appellants cannot assure sponsors, drivers, and fans that they will be able to compete as chartered teams in 2025-a condition that puts those critical relationships with sponsors, drivers, and fans at immediate risk," the court filing read (as shared by Pockrass).
The teams want the hearing to be expedited to December 10-13.
"23XI / FRM have asked for its appeal to the preliminary injunction be expedited and the oral argument to be held during appeal court’s next scheduled session for hearings, Dec 10-13," Pockrass wrote.
This legal fight began when 23XI and FRM refused to sign the 2025 Charter Agreement in September. The teams later hired sports lawyer Jeffery Kessler and accused NASCAR of controlling the sport unfairly. They claim the 2025 NASCAR charter system gives them too much power and limits competition.
Without an injunction, both teams may have to race as open teams in major races like the Daytona 500 next year. NASCAR, however, has pushed back and called the teams’ arguments contradictory.
The standard timeline for the case could delay hearings until 2025.
23XI's co-owner Denny Hamlin on the team's future
23XI Racing’s plans for the 2025 NASCAR season are unclear after their request to be chartered teams was denied. Co-owner Denny Hamlin said it is still undecided if they will race at the Daytona 500 next year.
"I’ve poured a lot into the sport in multiple ways and certainly financially over the last four years I’ve put back a lot of the money that I got out of it back into it. And that certainly all can be wiped away pretty quickly," Hamlin said at Phoenix Raceway (November 9).
"I think it’s all TBD [to be decided]. There’s certain agreements that we’re going to have to navigate, so I hope so," he added.
23XI opened in 2020 and has won eight races in the Cup Series. The team's two full-time drivers Bubba Wallace (No. 23) and Tyler Reddick (No. 45) are now unsure about their 2025 plans.