23XI Racing attorney confirms big new court decision in NASCAR legal battle

23XI Racing and Front Row Motorsports have officially filed an appear against this month's ruling that NASCAR should be able to strip them of their charter status.

That ruling from a three-member panel at the U.S. Court of Appeals was made amid the broader ongoing case, in which the two teams are suing NASCAR over alleged antitrust practices.

The teams had initially been allowed to race as charter teams as the case worked its way through the courts, a decision which the appeals court reversed, allowing NASCAR the option to strip charter status from them.

The result of that appeal has itself now been appealed by the two teams, attorney Jeffrey Kessler confirmed this week, tying up yet more time in court ahead of the overarching case being heard on December 1st.

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In a statement released to the press, Kessler wrote: “Today, we filed a petition with the U.S. Court of Appeals for the Fourth Circuit requesting a rehearing before the full court.

"This follows a panel decision that reversed a District Court ruling granting a preliminary injunction, which had allowed 23XI and Front Row Motorsports to compete as chartered teams during the 2025 season while pursuing their antitrust claims. The panel’s decision does not address the merits of our case.

"It was based solely on a narrow question: whether the release of claims in the charter agreement could be considered anticompetitive. If upheld, the ruling would set a dangerous precedent, allowing monopolists to shield themselves from legal challenges simply by requiring release language as a condition of doing business with the monopoly.

"Our lawsuit is about making NASCAR more competitive and fair. The release provision is just one of many anticompetitive tactics NASCAR has used to preserve its monopoly. We remain fully confident in our case and are committed to racing the full season – regardless of the outcome of this petition."

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