NASCAR is appealing the preliminary injunction granted to 23XI Racing and Front Row Motorsports, while also filing two additional motions: an emergency motion for partial stay pending appeal and a request for teams to post an injunction bond.

The appeal centers on three key arguments:

1. NASCAR's likelihood of success on appeal, citing:

• Lack of opportunity to address charter purchase issues
• Teams' failure to include these issues in their complaint
• Contradiction of Fourth Circuit precedent
• Misunderstanding of the release provision's retrospective nature

2. Potential irreparable harm to NASCAR:

• Forced approval of long-term charter sales (7-14 years)
• Difficulty in reversing charter transfers
• Required disclosure of confidential information
• Unwanted contractual relationships with teams

The proposed partial stay would:

• Allow teams to continue racing their existing cars in 2025
• Maintain driver and sponsor contracts
• Prevent full charter agreement benefits
• Protect NASCAR from forced charter sales

NASCAR is seeking emergency handling of these motions, as the teams plan to close charter purchases with Stewart-Haas Racing by December 20. Additionally, NASCAR requests an injunction bond (amount sealed) to ensure reimbursement of prize money if they win the case.

The original December 18 ruling had granted 23XI Racing and Front Row Motorsports permission to race as charter teams while declaring the release clause unenforceable. The ruling also prevented NASCAR from blocking charter purchases from Stewart-Haas Racing for each team's third car.

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