NASCAR makes strong accusation of 23XI, Front Row in new court filing

Late Monday night, NASCAR filed its response opposing a new preliminary injunction request from 23XI Racing and Front Row Motorsports. Bob Pockrass of FOX Sports provided details of the filing Tuesday morning.

One of the key points from the filing is centered around an internal NASCAR email from during charter negotiations. “NASCAR, in filing, says 23XI/FRM mischaracterize an internal NASCAR email from during charter negotiations that says NASCAR has all the leverage. NASCAR says it chose the path of collaboration with teams that shows they believe they didn’t have all the leverage,” Pockrass wrote on X.

Last month, 23XI and FRM filed another restraining order against NASCAR and requested a new preliminary injunction to restore their charter status. The teams made the filing after the U.S. Court of Appeals for the Fourth Circuit denied the teams’ request to rehear their case after a three-judge panel overturned the preliminary injunction, which granted charter status to the teams throughout the duration of their lawsuit against NASCAR. A hearing for the new injunction request is set for Aug. 28.

The teams officially lost their charter status last month, becoming open teams. NASCAR has continued to argue that 23XI and FRM do not own their four original charters because they did not sign the charter extension agreement last September. Both teams also acquired an additional charter from Stewart-Haas Racing.

NASCAR makes new claims in latest filing

NASCAR claims in the filing that “multiple interested parties have expressed interest” in acquiring the charters in question. Requests have come from existing teams, other racing teams and others, according to Pockrass.

Acquiring the charters in question requires a 30-day bidding process, which NASCAR said needs to start now because any new teams likely need to get started by Oct. 1 to prepare for the 2026 season. NASCAR said that the injunction, if granted, would imminently harm it and the Cup Series, per Matt Weaver of The Sporting News.

“Waiting to finalize Charter ownership and effectuate transfers until after the December 2025 trial will prevent the parties that are interested in acquiring Charters from doing so because those interested parties will not have time to prepare for the 2026 Cup Series. That, in turn, will hurt NASCAR because it will delay the entry of parties interested in competing in the Cup Series and growing the sport as the Cup Series competes for fans and sponsors against other motorsport properties and other sports and entertainment properties,” NASCAR commissioner Steve Phelps said in his written deposition.

“Multiple interested parties have expressed interest in acquiring Charters for use in the 2026 Cup Series season. I have personally spoken to interested parties who include, among others …”

The parties’ names are redacted. He then added:

“Unlike the Plaintiffs, many individuals and organizations, including the interested parties referenced above, view the 2025 Charters as a good investment and want to acquire them and work with NASCAR to further grow the Cup Series.”