The antitrust fight, which first began in October 2024, with Michael Jordan and Denny Hamlin’s 23XI Racing joining Bob Jenkins’ Front Row Motorsports (FRM), suing NASCAR and the France family for has taken a new turn. Filed in Charlotte, the complaint accused NASCAR of running the Cup Series as a “personal fee-stub and piggy-bank,” in the words of attorney Jeffrey Kessler. Jordan framed the dispute in typically competitive terms: “I did it for the smaller teams as well. It’s not just me. I think everybody should have an opportunity to be successful in any business. My voice is saying that it hasn’t been happening. … Hopefully we [at both sides] can come to our senses and figure out something that can make sense for everybody.”

What followed has been a seesaw of courtroom victories and setbacks. Judge Kenneth Bell granted a preliminary injunction in  December 2024, temporarily forcing NASCAR to keep all six cars chartered for the 2025 season while the antitrust case marched toward a fast-tracked trial. But in June 2025, a three-judge Fourth Circuit panel vacated that order, and when the teams’ rehearing bid was denied, the clock started ticking. 23XI Racing and FRM had seven days to make their move, and they are rolling the dice with a last-ditch move.

23XI Racing and FRM are likely to file for a new injunction

After losing out on the preliminary injunction, which was ruled by the three-judge panel, they needed to move quickly before the Dover Race weekend. And it looks like they are doing all they can to stay afloat. A key procedural step in this renewed legal maneuver is the teams’ request to seal the forthcoming motion. The teams described it as containing sensitive, newly uncovered evidence supporting not only their likelihood of success on the merits but also demonstrating imminent, irreparable harm.

A redacted version of the filing will be made public, underscoring the strategic nature of the request while shielding key details for now. The actual motion for the preliminary injunction itself has not yet been filed, meaning the details of their new arguments and the additional evidence they claim are confidential for now. It is worth noting that this is not the antitrust lawsuit Michael Jordan and Co. filed against NASCAR, but rather a separate issue with regards to charter. 23XI and FRM want to retain their status as chartered organizations until the end of 2025, despite not signing the new agreement with NASCAR.

When the Fourth Circuit refused to rehear the case on July 9th, shrinking the teams’ buffer to just 7 days before their charters could be yanked, there was no other solution visible. “We are disappointed by the Fourth Circuit of Appeals decision to deny our request for a full rehearing,” said Jeffrey Kessler. “This decision has no bearing on the strength of our antitrust case, which we look forward to presenting at trial. We are committed to racing this season as we continue to fight for more competitive and fair terms for all teams to ensure the future of the sport, and remain fully confident in our case.”

Veteran reporter Bob Pockrass flagged the move on X, noting the 7-day deadline and calling the forthcoming brief a “do-or-die” bid to keep all six cars protected. On the competitive side, co-owner Denny Hamlin has been publicly bullish despite losing the first injunction. Speaking to reporters after Michigan qualifying, he shrugged off any cracks within his team, saying, “We’re committed to run this season open if we have to. We’re going to race and fulfill all of our commitments no matter what. We’re here to race. Our team is going to be here for the long haul and we’re confident of that.” 

The financial peril is very real. The court records show driver Tyler Reddick holding an opt-out clause that activates if his #45 loses charter protection, and fellow driver Bubba Wallace has pressed for immediate clarity on the team’s status. Team owner Bob Jenkins underscored the stakes in an earlier affidavit, warning that FRM and 23XI together could forfeit roughly $45 million in 2025 revenue if forced to run as open entries. With pressure mounting from sponsors, drivers, and looming race weekends, the coming days will reveal whether the teams’ latest gambles can temporarily stabilize their operations. Or will it simply mark another turn in a longer, more disruptive showdown over power and permanence in the Cup Series?

23XI Racing’s tumultuous 2025 season

When Denny Hamlin and NBA legend Michael Jordan launched 23XI Racing in 2020, the pairing promised to shake up NASCAR. “Michael and I have a shared vision for this team,” Hamlin said at the time. “So it’s exciting to see it reflected in the team name and on the race car with the iconic number 23 that Michael made famous.” Fast forward to 2025, and while the team has expanded to three cars with Bubba Wallace, Tyler Reddick, and Riley Herbst, the on-track success has stalled, and the spotlight has shifted drastically.

The mechanical failures at Pocono marked a breaking point for the team. With all 3 cars suffering from similar rotor issues. Hamlin didn’t mince his words either, stating, “That was the most frustrated I’ve been in a long time. That was like a gut punch. It was really hard to swallow it.” For a team built on star power and bold ambition, moments like these sting the most. Not to forget, until this time last year, Tyler Reddick already had that winning sticker on his #45 Camry. While the buffer of almost 150 points is good, 23XI Racing is a team that is supposed to contend for wins.

On the other hand, you have Bubba Wallace, who seems to have found himself in a similar boat as last year. On the bubble, banking on points to make it through to the playoffs. Clearly, the off-track drama and turmoil seem to have affected the chemistry within the ranks, and it is playing in the back of their driver’s mind. Reddick is a championship-contending driver, and without a charter, he is likely to jump ships. So, a lot of things depend on the new appeal 23XI Racing is going to file for a new injunction.