23XI Racing and Michael Jordan-owned Front Row Motorsports insist in a new court filing Thursday that NASCAR “blames the victims for asserting their antitrust rights” and that both teams should obtain an injunction against NASCAR.
There’s a new audience for a case where brazen billionaire party rhetoric has become commonplace.
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On Wednesday, a federal district court in North Carolina announced that U.S. District Judge Frank D. Whitney, who last month denied plaintiffs’ first motion for an injunction is no longer assigned to the case. U.S. District Judge Kenneth D. Bell now presides. This decision, taken without explanation, could change the timetable for the litigation. If not dismissed or settled, the case currently faces an eight to 10 month pre-trial period ending in fall 2025.
23XI Racing and Front Row are seeking an injunction that would pass on the benefits of competing as a charter team, instead of an open team, without having to sign a charter agreement or give up legal claims. The injunction request is part of the two teams’ antitrust lawsuit against NASCAR and its CEO Jim France, whom they accuse of monopolizing the market for stock car racing teams.
Earlier this week, NASCAR exhorted the court to deny the plaintiffs’ motion for an injunction. Stressing that such relief should only be granted in “extraordinary circumstances,” NASCAR argued that 23XI Racing and Front Row fail to explain the specific, irreparable harm they would suffer in the absence of an injunction – no driver or sponsor has stated that it will sever ties without an injunction. the injunction and any damage would be economical and reparable by money. NASCAR also attributed any harm suffered by 23XI Racing and Front Row to “self-infliction” and accused them of “fabricating evidence” in the form of (possibly) driver-coordinated emails.
In Thursday’s partially redacted brief, 23XI Racing and Front Row insist they have demonstrated irreparable harm — a kind of harm that money cannot remedy — because they cannot compete as approved teams only if they drop their antitrust allegations.
The plaintiffs also claim that NASCAR caused irreparable harm by “reneging on its agreement to approve the transfer of a Stewart-Haas Racing LLC charter to Front Row.” As 23XI Racing and Front Row report, NASCAR assured Front Row that the move from Stewart-Haas Racing was approved. However, this reportedly happened before Front Row sued NASCAR a few months ago in a lawsuit ridiculing NASCAR and France as “monopoly tyrants.” 23XI Racing and Front Row claim that NASCAR “flipped” on the move and that should support their argument of irreparable harm.
23XI Racing and Front Row appear particularly offended by NASCAR’s claim that both teams’ damages are “self-inflicted” since they refused to sign a deal and sparked public controversy by suing. 23XI Racing and Front Row describe themselves as proudly standing by their positions, refusing “to acquiesce to NASCAR’s demands” and waging a battle to end “monopoly abuses.”
23XI Racing and Front Row’s attorney, Jeffrey Kessler, asked Whitney to rule on the motion by Dec. 18 in order for 23XI Racing and Front Row to meet a contractual deadline. 23XI Racing and Front Row emphasize that the ability to make a purchase from Stewart-Haas Racing depends in part on whether there is a continuing obligation to waive legal claims. It remains to be seen whether Bell will make a decision on that date.
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