NASCAR hit back at Jordan-owned 23XI in lawsuit latest

NASCAR have hit back at Michael Jordan's co-owned 23XI Racing in the latest development in their ongoing legal battle.

It was announced in October that after refusing to sign up to the series' new charter agreement, 23XI Racing and Front Row Motorsports would be filing a lawsuit against NASCAR.

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23XI were co-founded in 2020 and are co-owned by Jordan and current Cup Series star Denny Hamlin, among others.

The basis of their lawsuit is that 'anti-competitive practices' are preventing fair competition in the sport, with NASCAR accused of 'monopolistic practices'.

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Michael Jordan NASCAR lawsuit latest

Since the lawsuit was initially filed there have been several updates, with 23XI seeking to establish their place on the track next year by seeking an injunction to remain 'de-facto' charter teams until the lawsuit is settled.

This filing was denied by a judge, however, and despite an initial appeal, this was later withdrawn after NASCAR removed an anti-competitiveness requirement in its agreements, allowing 23XI and FRM to race as open teams next year.

Then, in a surprise twist, 23XI and FRM filed another motion, with the teams' attorney confirming a second preliminary injunction filing to the court along with new evidence.

Now, however, NASCAR have hit back, issuing their response via their own legal representatives.

Essentially, NASCAR are arguing that none of the new evidence brought forward are enough to overturn the original decision where the judge denied the filing, making the legal standing for the injunction request defunct.

"A month ago, the Court denied Plaintiffs’ first Motion, characterizing their claimed harm as ‘speculative’ and ‘possible,’ but not ‘immediate’ or ‘irreparable.," NASCAR's lead attorney Christopher Yates argued in a filing.

"After seeking and then dismissing an expedited appeal, Plaintiffs now claim ‘changed circumstances’ to try to overcome this ruling. Yet, even with their manufactured evidence, Plaintiffs still fall far short of a clear showing of irreparable harm.

“Their new submissions underscore that any claimed harm remains speculative, self-inflicted, and redressable with monetary damages. Moreover, Plaintiffs improperly ask the Court to bind them to provisions they claim are unlawful.

"And Plaintiffs still cannot satisfy the other (required) factors; their requested preliminary injunction aims to upend—not preserve—the status quo, and Plaintiffs cannot show a likelihood of success.”

It will certainly be interesting to hear the outcome of the second motion from 23XI and FRM now that NASCAR have filed their response.

The legal battle looks set to rumble on for quite some time.

READ MORE: Jordan-NASCAR legal battle takes new twist in UPDATE

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