NASCAR lawsuit drama continues as 23XI Racing and FRM seek SHR charter approval after case reassigned to Judge Bell

NASCAR teams 23XI Racing and Front Row Motorsports (FRM), who sued governing body a few months back, have refiled an injunction for the right to purchase charters from Stewart-Haas Racing (SHR).

The team's case was reassigned to Judge Kenneth Bell on Thursday, December 12 after Judge Frank Whitney stepped down. This happened after the teams argued that new circumstances had emerged, which could lead to the loss of drivers and sponsors.

Both teams intend to purchase one of four SHR charters but fear that signing the agreement could force them to drop the lawsuit. Moreover, NASCAR has made it clear that it will not approve the charters without the teams accepting a clause that removes their right to sue.

The case, which was originally filed in early October with lead attorney Jeffrey Kessler, accused NASCAR of breaking antitrust laws. It also claimed that the organization's actions were monopolistic and questioned the France family’s control over the sport.

The teams are waiting for Judge Bell to decide if they can get the SHR charters while still going ahead with the lawsuit. The next court filings are due by December 16, but no hearing date has been set yet.

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23XI Racing and FRM's lineup for the 2025 NASCAR season

Last month, 23XI Racing, co-owned by Denny Hamlin and NBA legend Michael Jordan, announced Riley Herbst as its third driver for next season. The 25-year-old Herbst is a three-time Xfinity Series winner and will drive the No. 35 Toyota car. He will race alongside Bubba Wallace (No. 23) and Tyler Reddick (No. 45) for the team.

"As 23XI enters our fifth season next year, we felt the time was right to continue the growth of our organization by adding a third team, and Riley is a driver we think will be a great fit for us. We have a very solid foundation with both Bubba and Tyler, and we know they will be a great resource for Riley as he begins his journey in the Cup Series," said Steve Lauletta, 23XI Team President.

Bob Jenkins' FRM also plans to add a third car in 2025 with two Ford Mustang Dark Horse teams full-time, the No. 4 for Noah Gragson and the No. 34 for Todd Gilliland. The team has been working on buying a charter since May. It recently said that NASCAR approved its purchase of a charter from SHR but said the deal would not go through unless the lawsuit was dropped.

Previously, the teams were expected to race as open teams in 2025 after NASCAR removed an anticompetitive release requirement from the open agreement.

However, now with the second preliminary injunction motion filed, the situation remains unresolved.