In their competitive petition against NASCAR, Michael Jordan-owned 23XI Racing and Front Row Motorsports filed a motion for a preliminary injunction on Friday, but U.S. District Judge Frank D. Whitney on Friday denied that request.
The development successfully renders the release in relation to competitive claims invalid and do for the time being denied an injunction that would allow them to contend as de facto licensed teams without signing the charter. The two groups contend that NASCAR and its CEO, James France, have abused and eroded power of the nation’s top share racing car groups, a charge that NASCAR refutes.
Because of their alleged fanciful and uncertain damages, Whitney determined that 23XI Racing and Front Row Motorsports failed to meet the great bar for obtaining a preliminary injunction. The prosecutor emphasized that although the two plaintiffs had predicted a possible loss of goodwill, it was” contingent on a host of off-the-shelf events occurring” and” debate about how third parties may or may not act”

Whitney even was unimpressed by the “possibility” that NASCAR may eliminate open groups. Since 23XI Racing and Front Row Motorsports” could mark available contracts today and remain racing in 2025,” he found that unconvincing. The two teams have instead” chosen not” to sign, the judge stressed, because they have n’t been able to negotiate a contract they’d accept.
” At this stage”, Whitney plainly wrote,” the clubs are no closer to irreparable harm than they are to the command,’ Drivers, began your motors,’ at the first competition of the 2025 time”.
The prosecutor also emphasized that Front Row Motorsports and 23XI Racing appear to not require an order to continue running their businesses. He claimed that when a party seeks one” cannot live without a tentative order,” but Jordan’s party has n’t claimed that. He further explained that preliminary rulings are more likely to be granted when this is true.
Another issue with 23XI Racing and Front Row is that they did n’t make the case that they could potentially lose sponsors or drivers that would necessitate a preliminary injunction. Otherwise, they’ve described those damages as just possibilities. For example, drivers might not want to engage as empty teams—but maybe they would be ready. Those sorts of philosophical harms, Whitney wrote, are” too speculative to earn a initial injunction”.
Although Whitney objected, he noted that 23XI Racing and Front Row Motorsports may file a new activity for a preliminary order” should instances change,” such as a real loss of partners or drivers. Additionally, Whitney also stated that he intends to “assign this situation to the strong track” by accelerating the filing deadlines for briefs by the parties.
To be clear, Whitney’s rejection of a primary order does not mean Jordan’s team may lose the case. It does mean, however, that the plaintiffs wo n’t get swift relief. 23XI Racing and Front Row Motorsports must be prepared to fight the protracted, potentially multi-year battle of competitive prosecution if they want to fight NASCAR.

The plaintiffs ‘ attorney, Jeffrey Kessler, offered a good spin on Whitney’s decision and drew attention to the judge moving the situation to the strong record.
In a statement released to the media, Kessler expressed his satisfaction with the judge’s decision to speed up the pace of our NASCAR event. Although we are disappointed that the initial order was denied without discrimination and as early, we intend to appeal, this neglect does not affect our case’s qualities. My customers will continue to fight for a more fair and equitable NASCAR program that is compliant with antitrust laws in 2025.
( This story has been updated to include Kessler’s statement to the media. )