CHARLOTTE, N.C. – The 23XI Racing/Front Row Motorsports vs. NASCAR antitrust trial is underway in Charlotte. Below, The Athletic’s Jordan Bianchi and Jeff Gluck share their impressions after spending Day 1 inside the courtroom, where the jury was selected and Denny Hamlin testified.
Key moment
Bianchi: When Hamlin was called as the first witness to testify, the stakes of the case really took hold. Here was a three-time Daytona 500 champion and one of the sport’s biggest stars testifying in an antitrust lawsuit against NASCAR and its first family.
That Michael Jordan was sitting in the front row on one side, while NASCAR senior executive Mike Helton — one of the most respected figures in the sport — looked on from the other, only further drove home the fact that not too long ago such a scenario would’ve been unimaginable. Hamlin, Jordan and the rest of their contingent are really facing off against NASCAR in a federal courthouse, and the outcome carries the possibility of reshaping the 77-year-old league.
Gluck: Probably, it was the moment members of the jury pool realized this civil trial was the result of a suit brought by Jordan. Though he was sitting in the room when the prospective jurors were brought into the back of the courtroom, there’s little chance anyone realized who he was until 12 of them were brought into the jury box for questioning.
They were initially told this trial might take two weeks, and you could see how unhappy some of them were to be there. When the judge mentioned Jordan was involved, it felt like the vibe changed — not in a way that favored Jordan, necessarily, but more in a “Whoa, this is a big deal” manner. Many eyes were suddenly on Jordan, with his plaid sportcoat and diamond earring glistening under the courtroom lighting.
Though most jurors said they had no strong feeling toward Jordan either way, two were dismissed due to their fandom and their claim that they could not be impartial toward him. “I like Mike,” one said before he was dismissed, then did a fist pump toward Jordan as he walked out of the courtroom.
What jumped out to you
Bianchi: Even without saying a word, Jordan was the orbital figure in the room on Monday. Many jurors were transfixed by him, stealing glances whenever they could. A few even interacted with Jordan after they were recused, including one pointing and winking at him as he walked down the aisle toward the exit.
The plaintiffs know full well the aura surrounding Jordan, and they seemed to feed into this at various points, including having Jordan stand up in court so prospective jurors could see him. He obliged by rising slowly, then standing tall for a few seconds so everyone could take in His Airness. Not many of the jury may know much about NASCAR, but they certainly recognize the NBA legend sitting in the front row.
There were also several mentions throughout the proceedings about how Jordan’s appeal to corporate America was the backbone of why 23XI was able to stay in business despite a business model its attorneys argued was not conducive to a NASCAR team turning a profit.
Gluck: That this is really happening. Even for the parties involved, this seemed to be a surreal day. The sides gathered in the Potter Courtroom for the first trial to be staged in the historic 1930s facility since it was restored two years ago, with the gallery crammed into the rows of wooden benches (and some of the spectators relegated to an overflow room).
After more than a year of legal wrangling and a failure to reach what seemed like a likely settlement at one point, NASCAR’s future was really about to be in the hands of six jury members (plus three alternates). During opening statements, every key member from both sides — from Jordan to Hamlin to the France family that controls NASCAR and all of the NASCAR executive team — were seated on separate sides of the courtroom as their attorneys laid out the case for why they should prevail.
This real-life courtroom drama is only just getting started.
NASCAR chairman and CEO Jim France, second from left, departs the courthouse Monday. (Grant Baldwin / Getty Images)
Numbers to know
Bianchi: There were a lot of eyebrow-raising numbers, financial and otherwise, divulged Monday that offered a rare peek behind the curtain. Some include:
- “Airspeed,” the name for 23XI’s exorbitant and impressive race shop that opened its doors in 2024, cost $35 million to build, Hamlin said during his testimony.
- 23XI pays Joe Gibbs Racing $8 million annually as part of a technical alliance between the two organizations.
- 23XI generated $45 million annually in sponsorship revenue from 2022-2024, a figure 23XI largely attributes to Jordan co-owning the team.
Gluck: The plaintiffs’ attorney, Jeffrey Kessler, claimed in opening statements that he plans to show evidence the France family personally collected more than $400 million in a recent three-year period and said a 2023 Goldman Sachs study showed NASCAR is worth $5 billion.
Meanwhile, Kessler noted Front Row Motorsports owner Bob Jenkins has lost money in all 21 years he’s been a Cup Series team owner.
What’s next
The trial continues Tuesday morning with Hamlin resuming his testimony.