Since then, the two teams and the stock car racing series have gone back and forth in court, with one major issue being their right to run as chartered teams throughout the lawsuit.
An injunction was granted last December which allowed them to do this in 2025. However, this injunction was then overturned at appeal in June, when a judge ruled in favor of NASCAR.
Despite their efforts to stop it from happening, 23XI and FRM are now running as open entries but in light of the above, the teams went back to court and filed a new injunction request to restore their chartered status and to prevent NASCAR from allowing 'their' charters to be sold before the lawsuit reaches its conclusion.
The latest development in the case is NASCAR's response to that 23XI/FRM filing, with the stock car racing series singling out 23XI co-owner Jordan in a 34-page document that argued why their injunction should not be granted.
As per information shared by Jeff Gluck of The Athletic, NASCAR claims that Jordan is seeking something that no NASCAR team owner has - permanent charters - arguing that he wants to use the ongoing litigation as a way of granting his team that status.
Furthermore, NASCAR Commissioner Steve Phelps is quoted in the filing, revealing that there are many interested parties, who are named and redacted, when it comes to buying the charters that could be up for grabs.
"Unlike the Plaintiffs, many individuals and organizations, including the interested parties referenced above, view the 2025 Charters as a good investment and want to acquire them and work with NASCAR to further grow the Cup Series," Phelps is quoted.
Ultimately, NASCAR is arguing that there is no basis for granting the injunction that has been requested by 23XI and FRM, with just a couple of their arguments highlighted below.
The stock car racing series believes that because 23XI and FRM are guaranteed entry as open cars to the remainder of races in 2025 (thanks partly to a recent NASCAR rule change), there is no irreparable harm that can be done to the teams.
Furthermore, NASCAR also claims that if they are not allowed to sell the charters in question before the end of the lawsuit, it would not give those interested in buying those charters enough time to prepare for the 2026 season.
The hearing on this matter is scheduled for August 28, with the wider lawsuit set to hit court on December 1.