Michael Jordan’s second try to sue NASCAR’s competitive protection slammed off the rim next week, but 23XI Racing and Front Row Motorsports, both owned by Jordan, are now bringing their case before a higher court.
On Tuesday, the two groups ‘ attorney, Jeffrey Kessler, filed see with a federal district court in North Carolina that they are appealing U. S. District Judge Frank D. Whitney’s neglect of their activity for a primary injunction to the U. S. Court of Appeals for the Fifth Circuit.
Kessler requested an oral debate by no later than December 13 and filed a movement with the Fourth Circuit on Thursday to move the appeal. Kessler noted that Dec. 13 is the next available time on the court’s timeline. He warned that if the Fourth Circuit does n’t hear the argument by then, the court’s subsequent session is n’t until Jan. 28, 2025–a date that, Kessler contends, would “be too late for this Court to issue a decision that prevents irreparable harm” to 23XI Racing and Front Row Motorsports.

These legal maneuvers aim to persuade the appellate judge that 23XI Racing and Front Row Motorsports may be forced to join NASCAR as de facto licensed team despite no signing the contract. Additionally, an injunction would effectively prevent Front Row Motorsports and 23XI Racing from releasing their competitive says.
At this point, Whitney was unsure whether a initial order was appropriate. The trial judge prosecutor described the reported affects by 23XI Racing and Front Row Motorsports as speculative and predicated on possible outcomes in his ruling from last Friday.
Whitney made the point that while 23XI Racing and Front Row Motorsports claim to be concerned that NASCAR might prevent them from competing, that has n’t actually happened. In truth, both teams” had warning open contracts now and continue to compete in 2025.” Additionally, Whitney noted that the two teams lack credible supporting data, such as a vehicle or sponsor’s documented threat to cut ties unless the teams have chartered status, as opposed to the feared possibility of losing drivers and sponsors.
Kessler hopes the Fifth Circuit sees the problem differently. Thursday’s processing recaps 23XI Racing’s and Front Row Motorsports ‘ key argument that NASCAR has monopolized the marketplace for stock car racing teams and used “anticompetitive acquisitions, special contracts, and the imposition of non-compete and relieve terms on participating teams” to protect the NASCAR Cup Series from competition.
Kessler warns that the 2025 set will carry its primary contest on Feb. 2, 2025, and asserts that without an order, his clients” may be forced to produce a Hobson’s option”. They will either “risiko risk releasing their competitive right in this behavior” or “be out of business from competing as the world’s top share car racing team.”
Kessler argues that the Fourth Circuit should rule differently than Whitney, but that they would suffer irreparable harm if 23XI Racing and Front Row Motorsports competed as open teams. He suggests that while competing as open teams might sound acceptable, it would n’t be economically viable on a long-term basis.

Kessler also asserts that irreparable harm “has already begun” because his clients” cannot assure sponsors, drivers, and fans they will be able to compete as chartered teams”. Kessler says that predicament could endanger his clients ‘ relationships with sponsors, drivers, and fans—especially since the Daytona 500, which will take place on Feb. 16, 2025, and is a marquee event, is only three months away.
NASCAR, which denies any wrongdoing and describes the plaintiffs ‘ legal theory as illogical, will have the chance to rebut Kessler’s arguments. Consider the association’s claim that Whitney was incorrect in denying a preliminary injunction because they are unusual legal remedies that should only be granted in the most extreme cases. If Front Row Motorsports and 23XI Racing agree to open contracts, NASCAR will also assert that both companies are still capable of competing. Any harm emanating from their refusal to do so, NASCAR could assert, is a harm of their own choosing.