“We are disappointed”: 23XI and FRM's attorney doesn’t hold back after Federal Court U-turns on its judgment against NASCAR

NASCAR teams 23XI Racing and Front Row Motorsports faced a setback on Thursday after a three-judge panel from the Fourth Circuit Court of Appeals unanimously vacated a previously granted preliminary injunction order. In response to the ruling, the team's attorney, Jeffrey Kessler, issued a candid statement addressing the court’s decision and its implications moving forward.

The ongoing antitrust lawsuit traces back to the beginning of the 2024 NASCAR Playoffs, when the sanctioning body imposed a deadline for teams to sign a new charter agreement. While the majority of teams complied, 23XI Racing and Front Row Motorsports stood firm in opposition. Furthermore, a district Court judge granted a preliminary injunction to both teams, allowing them to run as chartered teams this season despite not signing the charter agreement.

A recent post on X by NASCAR Insider Bob Pockrass shared the statement issued by 23XI and FRM's attorney.

"We are disappointed by today's ruling by the Fourth Circuit Court of Appeals and are reviewing the decision to determine our next steps. This ruling is based on a very narrow consideration of whether a release of claims in the charter agreements is anti-competitive and does not impact our chances of winning at trial scheduled for December 1"

"We remain confident in our case and committed to racing for the entirety of this season as we continue our fight to create a fair and just economic system for stock car racing that is free of anticompetitive, monopolistic conduct."

The decision handed down by the Court of Appeals carries significant implications that could affect the long-term ability of teams like 23XI Racing and Front Row Motorsports to compete as chartered organizations. However, both teams still have legal options available—they can file a petition for rehearing or request a rehearing en banc, which would bring the case before the full Fourth Circuit Court of Appeals rather than just the original three-judge panel.

If the teams decide not to petition for rehearing, NASCAR will attain full control of their charters, forcing the six 23XI/FRM cars to run as open entries. This decision will not affect the upcoming race at Michigan International Speedway on Sunday.

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Fans react to statement shared by 23XI/FRM following decision favoring NASCAR by the Court of Appeals

Since the antitrust lawsuit was filed last year, NASCAR fans have been closely following every twist and turn of the legal battle. The developments have sparked a wide range of reactions, highlighting the contrasting ways in which the fanbase perceives the situation.

While some support the stance taken by 23XI Racing and Front Row Motorsports, believing it reflects a necessary pushback against NASCAR’s control, others argue that the sport’s structure must be preserved.

Let’s take a look at a few fan reactions to the latest updates in this high-profile legal dispute.

"Don't bite the hand that feeds you…. Been saying all along" a fan wrote

"Would NASCAR do that? Would they willingly risk losing MJ and the fanfare he brings?" a fan commented

"Makes sense. They chose to sue not sign and should not be rewarded for that." a fan stated

Meanwhile, the next Cup Series race, the Firekeepers Casino 400, is scheduled to run this Sunday. Catch the action live on Amazon Prime Video at 2 PM Eastern time.