Michael Jordan made an appearance in a federal courtroom in North Carolina as the lead attorney for his racing team kicked off a trial against NASCAR, arguing the organization is a monopolistic bully tightly controlled by a wealthy family that harms competition in the top tier of the sport though restrictive contracts.
“They are the only purchaser of racing team services,” Jeffrey Kessler, a partner with Winston & Strawn LLP who represents Jordan’s team and another team plaintiff, Front Row Motorsports Inc., told the jurors seated Monday in the US District Court for the Western District of North Carolina.
The evidence will show that the teams “are getting a deal that is much lower than they would be getting if there was competition,” he said.
NASCAR’s counsel fired back, arguing that the organization’s charter system for guaranteeing lucrative spots in the Cup Series maintains stability and enormous financial opportunity for teams such as Jordan’s 23XI Racing.
“I think Mr. Kessler left you with the impression that NASCAR just dropped an agreement on the teams and said ‘sign by midnight,’” said John E. Stephenson Jr., a partner with Alston & Bird LLP who represents NASCAR. “There were some 70 meetings. This thing was exhaustively negotiated.”
Both parties sparred for hours, setting off a trial that’s expected to last at least two weeks.
Jordan himself sat in the Charlotte courtroom, near his counsel, watching the attorneys present to nine jurors.
The outcome of the trial could have profound implications on NASCAR, which is facing potential damages and injunctive relief that could reshape its charter system.
Jordan’s team and Front Row sued NASCAR in October 2024, claiming it forces teams to accept restrictive terms or give up participating in premier stock car racing.
The team plaintiffs refused to sign renewed charter agreements, alleging instead that NASCAR is the gatekeeper to the Cup Series and holds monopsony power for the market for premier stock car racing teams, meaning it has control over prices and terms.
“What the evidence will show is that NASCAR, the whole kit and caboodle, is owned by the France family,” Kessler argued, referring to the family that has run the racing organization since 1948. “They make decisions and run it frankly for their benefit.”
During a break after opening statements, Jordan said he was “100%” confident that his team would win the case at trial after efforts to reach a settlement didn’t come through.
“I would have settled if I thought a settlement was worthwhile,” Jordan said.
NASCAR is also represented by Latham & Watkins LLP.
The case is 2311 Racing LLC v. NASCAR, W.D.N.C., No. 3:24-cv-00886, hearing 12/1/25.