A request by Michael Jordan-owned 23XI Racing and Front Row Motorsports to speed up the review of their charm was described in a court filing on Monday as “highly cruel” and had “impose major burdens” on both NASCAR and courts.
NASCAR asks that the U.S. Court of Appeals for the Fourth Circuit grant the two teams ‘ urgent request for a preliminary injunction through attorney Gregory G. Garre and his Latham &, Watkins team to review the two teams ‘ earlier request.
Despite not signing the contract and having filed a legal release of their competitive claims, 23XI Racing and Front Row Motorsports repeatedly sought a court order to allow them to engage as de facto certified teams. For some reason, Whitney omitted the team ‘ arguments that it would be harmful to compete as open groups rather than licensed teams. While the team forecasted they’d lose vehicles, endorsements and followers, Whitney deemed those dangers, at least as articulated by legal papers, as speculative and dependent on other things happening.
The Fourth Circuit has requested that 23XI Racing and Front Row Motorsports move the assessment process forward after Whitney’s appeal was denied. They want an oral debate by no eventually than Dec. 13, since the next day the court may hold a conference is Jan. 28, 2025. By that level, the team argue, any pleasure may prove too much too soon since the first 2025 NASCAR Cup Series race may be held on Feb. 2, 2025.
Garre’s brief challenges those assertions. He claimed that” there is no urgency to this appeal,” especially not one that would allow the two teams to file their opening briefs within just 12 days, over the course of the Thanksgiving holiday, when many NASCAR attorneys are traveling with their families.
Further, Garre maintained the two teams ‘ proposed schedule “is highly unfair to this court” since it would give the judges, who obviously have other cases to handle, only a week to review briefing before oral argument.
Garre insisted that the teams, who are represented by well-known sports lawyer Jeffrey Kessler, do n’t address Whitney’s objection to a preliminary injunction. The teams ‘ theory of harm “is both unsubstantiated and baseless, as] Whitney ] explicitly found”, Garre insisted. Garre continued, adding that the team’s current extreme expedition “does not justify the risk of harm occurring in a few years.”
Kessler’s announcement that 23XI Racing and Front Row Motorsports will compete as open teams in 2025 was also mentioned in the court filing from Monday. Garre pointed out that NASCAR’s open team agreement “does not include any release of claims provision” for teams. Without renunciating their antitrust claims, 23XI Racing and Front Row Motorsports will be able to compete in 2025. Garre points out that this development supports NASCAR’s claim that” this case simply does not present any circumstances remotely warranting the kind of extreme expedition Plaintiffs propose.”
The parties are now awaiting a decision from the Fourth Circuit regarding the appeal’s speed.