NASCAR has issued a formal response to a preliminary injunction filed by 23XI Racing and Front Row Motorsports (FRM).
The injunction, challenged strongly by NASCAR, deals with the contentious issue of team charters set for the 2025 racing season.
Filed in a document released late Wednesday, NASCAR’s opposition argues that the extraordinary circumstances necessary for such an injunction are not present.
This filing comes as the hearing has been delayed due to the approach of Hurricane Milton.
The NASCAR charter system, introduced in 2016, was originally designed to bring stability and increased value to team ownership by guaranteeing entry into points-paying races and providing revenue sharing and other benefits for chartered teams.
However, the system has also led to disputes, as exemplified by the current legal challenge involving six team charters vital to both 23XI Racing and FRM.
Defendants are working to prepare oppositions that provide argument, applicable law, and, evidentiary support to demonstrate Defendants positions:
“1) Plaintiffs are seeking a mandatory injunction that is only warranted in the most extraordinary circumstances (which are not present here) since they are seeking to alter the status quo through an injunction requiring NASCAR to provide Charters for 2025 and beyond notwithstanding that the time to sign Charters for 2025 has expired.
“2) Plaintiffs cannot establish irreparable harm since Plaintiffs and their counsel have confirmed that Plaintiffs’ teams will compete as open teams in 2025, which means that money damages can compensate Plaintiffs even if they were to ultimately prevail.
“3) Plaintiffs cannot establish a likelihood of success on the merits for multiple reasons, including that this is a dispute over contract terms, not an antitrust case.”