23XI, FRM attorney Jeffrey Kessler cites 'new information' in restraining order filing amid NASCAR charter battle

Today’s court filing by 23XI Racing and Front Row seeks to keep the teams chartered for the remainder of the NASCAR Cup Series season. The legal team for the teams has put out a statement on the matter.

23XI Racing and Front Row Motorsports are at risk of losing their charters for this season. The U.S. Court of Appeals Fourth Circuit struck down previous injunctions from the District Court. As a result, the teams could lose charter status this week.

Jeffrey Kessler, attorney for 23XI and FRM, put out a statement. Today’s filing and request for a restraining order and new preliminary injunction rely on new info that wasn’t previously included.

“Today we filed a motion in the district court for a renewed preliminary injunction and temporary restraining order to protect the teams’ ability to race chartered for the remainder of the 2025 Cup Series season and prevent irreparable business harm to 23XI and Front Row Motorsports until we can present our case at trial in December,” Kessler said in the statement.

“New information surfaced through the discovery process that overwhelmingly supports our position that a preliminary injunction is legally warranted and necessary. The teams’ love of stock car racing and belief in a better future for the sport for all parties – teams, drivers, employees, sponsors, and fans – continues to motivate their efforts to pursue this antitrust case.”

NASCAR is getting a big win here. If the teams lose charter status, it puts them in a vulnerable position. However, we have seen this lawsuit go back and forth already. Things could swing back in favor of 23XI and FRM soon enough.

NASCAR lawsuit intensity is heating up

This NASCAR lawsuit has taken many turns. There have been small wins for both sides throughout the course of the case. The latest major decision came from the U.S. Court of Appeals, which puts the charter status of 23XI and FRM at risk. Losing those charters in the middle of the season would be a major change to operations.

The teams are concerned about contracts. Driver, sponsor, and other deals are at risk of being lost should they lose charters. On top of that, the teams notified the court that NASCAR sent them a letter stating its intent to sell the charters that the teams currently possess if/when those charters are taken away.

Is it possible we could go into 2026 without 23XI and FRM? It would be a major hit to the sport overall. Having Michael Jordan as a team owner is major for NASCAR. Front Row has been one of the success stories of the charter-system era. But things are looking uncertain.