Teams suing NASCAR – Michael Jordan’s 23XI Racing and Front Row Motorsports – to race in 2025

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Teams suing NASCAR – Michael Jordan’s 23XI Racing and Front Row Motorsports – to race in 2025

While the outcome of the antitrust case against NASCAR remains unclear, there is now one certainty: the teams suing NASCAR – Michael Jordan’s 23XI Racing and Front Row Motorsports – will race in 2025.

The teams said Saturday morning that NASCAR has amended the 2025 “open” agreement for all teams by removing a clause that prevents them from taking legal action. This clause was the subject of an application for an injunction, which is now being appealed.

While the teams continue to seek a court order to race as ‘charter’ teams – which comes with guaranteed participation in every race, along with much higher payouts – the new development means that 23XI and Front Row will at least be allowed to appear for every race. While that seemed a likely outcome, the teams can reassure their drivers and sponsors that they will still compete as the lawsuit continues.

“We are pleased to announce that NASCAR has removed the anticompetitive release requirement from its open agreement, allowing 23XI and Front Row Motorsports to race as open teams in 2025,” team attorney Jeffrey Kessler said in a statement.

“My clients will continue their appeal to the Fourth Circuit to issue an injunction allowing them to act as chartered teams to prevent irreparable harm.

“Both racing teams are pleased to continue participating in this sport they love as they fight to make it fair and equitable for all.”

Racing as ‘open’ teams carries competitive risks. When more than 40 cars show up for an event like the Daytona 500, drivers have to qualify their way into the field – meaning there’s a chance that big names like Bubba Wallace and Tyler Reddick could miss the race.

NASCAR and the teams faced off in court on November 4, when the teams asked U.S. District Court Judge Frank Whitney for a preliminary injunction that would both waive the clause at issue and allow them to terminate the charter agreements signing that were presented on September 6. But on November 8, the judge denied the teams’ request, ruling that it was too early for them to claim the extent of irreparable damage that meets the standard for an injunction.

“Although the plaintiffs claim they are on the brink of irreparable damage, the 2025 racing season is still months away – the stock cars remain in the garage,” Whitney said.

“At this stage the teams are no closer to irreparable damage than they were to the command ‘Drivers, start your engines’ during the first race of the 2025 season.”

The teams appealed Whitney’s decision to the Fourth Circuit Court of Appeals, but no date has been set for a possible hearing.

NASCAR did not immediately respond to a request for comment.