NASCAR urged the U.S. Court of Appeals for the Fourth Circuit on Monday to deny an appeal filed by Michael Jordan’s 23XI Racing and Front Row Motorsports requesting an accelerated review of their recently denied motion for a preliminary injunction.
A U.S. District judge denied 23XI Racing and Front Row Motorsports a court order on Nov. 8 that would have let the teams compete as chartered members without actually signing a charter.
The teams argued that they would risk losing drivers, sponsorships and fans if they raced as open teams instead of chartered ones, but Judge Frank D. Whitney said those concerns were merely speculative.
23XI Racing and Front Row Motorsports now want the appellate court to quicken their review process and produce an oral argument before Dec. 14, as court would not be held again until Jan. 28, 2025.
But attorney Gregory G. Garre does not think that should happen.
Garre said on behalf of NASCAR that the teams’ appeal is “highly unfair” and would significantly burden its client and judges.
He also wrote that there is “no urgency” to honor the teams’ “extraordinary request to require NASCAR to file its opening brief within a mere 12 days, over a period that includes the Thanksgiving holiday, when many counsel for NASCAR are traveling to be with their families.”
Garre further argued that judges would only have a week to review the teams’ appeal along with any additional cases.
Sports litigator Jeffrey Kessler, who represents 23XI Racing and Front Row Motorsports, announced Saturday that his clients will compete as open teams next season, which begins Feb. 2. They will not have to forgo their antitrust claims after NASCAR provided an open team agreement that does not involve a release of claims provision.
Jordan, an NBA Hall of Famer, owns 23XI racing along with three-time Daytona 500 winner Denny Hamlin.
–Field Level Media
