Jury seated with Michael Jordan fist-pump moment as star-studded witness list featuring Jordan, Denny Hamlin, Rick Hendrick, and Roger Penske is unveiled in landmark NASCAR antitrust trial
On Monday morning in Charlotte, North Carolina, the closely watched federal antitrust lawsuit filed by 23XI Racing and Front Row Motorsports against NASCAR and its controlling France family officially moved into the trial phase as jury selection was completed in the courtroom of U.S. District Judge Kenneth D. Bell.
After an extensive voir dire process that lasted several hours, a final jury panel was seated consisting of six primary jurors and three alternates who will determine whether NASCAR engaged in anticompetitive practices that harmed the two plaintiff teams.
The selection process itself provided a few light-hearted moments amid what is otherwise an intensely serious case that could fundamentally reshape the economics and governance of American stock-car racing.
Prospective jurors were questioned on a wide range of topics designed to uncover potential bias. Among the more notable lines of inquiry: whether they were familiar with basketball legend and 23XI Racing co-owner Michael Jordan, and whether they held any particularly strong opinions—positive or negative—about the six-time NBA champion and global icon.
Jordan’s high-profile involvement as a team owner has drawn unprecedented mainstream attention to the case.One prospective juror openly admitted to having strong feelings about His Airness.
After being excused from service, the individual couldn’t resist a celebratory fist pump directed at Jordan, who was seated in the gallery.
The gesture elicited an amused smile from Jordan himself and chuckles throughout the courtroom, momentarily breaking the formal atmosphere.
Other candidates were dismissed for more conventional reasons. One worked for Hendrick Automotive Group, a division of Hendrick Motorsports—one of NASCAR’s most powerful and historically aligned teams—creating an obvious conflict.
Another was excused after demonstrating encyclopedic knowledge of the sport and personal familiarity with many of the key figures involved in the dispute.
In a more mundane but still memorable moment, a third prospective juror was released after repeatedly asking the judge to speak up because his hearing aid had malfunctioned and needed repair.With the jury seated, attorneys made their initial appearances before Judge Bell.
Notably, Johnny Stephenson of the law firm Alston & Bird has taken over as lead trial counsel for NASCAR, replacing the previously announced attorney. Stephenson spent part of the morning introducing himself and his team to the court.
Following jury selection, the parties exchanged and made public their potential witness lists—an early glimpse into the evidence and testimony each side intends to present over the coming weeks. NASCAR’s anticipated witnesses include top executives and insiders such as:
- Jim France (NASCAR Chairman & CEO)
- Lesa France Kennedy (NASCAR Executive Vice Chair)
- Steve Phelps (NASCAR President)
- Steve O’Donnell (NASCAR Chief Operating Officer)
- Ben Kennedy (NASCAR Senior VP of Racing Development)
- Brian Herbst, Timothy Frost, Heather Gibbs, Bob Jenkins, Jonathan Marshall, Steve Newmark, John Probst, and others from NASCAR’s competition and business divisions.
The plaintiffs, 23XI Racing and Front Row Motorsports, are expected to call a mix of team owners, drivers, and expert economists, most prominently:
- Michael Jordan (23XI Racing co-owner)
- Denny Hamlin (23XI Racing co-owner and active Cup Series driver)
- Curtis Polk (longtime Jordan business associate and 23XI minority owner)
- Rick Hendrick (Hendrick Motorsports owner, expected to testify about historical team charters and revenue sharing)
- Roger Penske (Penske Corporation and Team Penske owner)
- Rob Kauffman (co-owner of the former Chip Ganassi Racing organization and past chairman of the Race Team Alliance)
- Expert witnesses including economists Daniel Rascher, Edward Snyder, Edwin Desser, and Kevin Murphy, who are anticipated to address antitrust damages and market definitions.
Additional potential witnesses listed by one or both sides include former team owners Cal Wells III and Gene Mato, as well as current team executives Steve Lauletta (23XI Racing President), Scott Prime, Anthony Smith, and others.
The trial, expected to last up to `10 days, will center on allegations that NASCAR and the France family have operated as an illegal monopoly, suppressed competition through restrictive charter agreements, bundled media and track assets to exclude rivals, and engaged in group boycotts against teams that refuse to sign the latest charter extension offered in 2025.
Opening statements began Monday afternoon.
With Michael Jordan potentially taking the stand and the future financial structure of NASCAR hanging in the balance, the proceedings promise to be one of the most consequential legal battles in modern motorsports history.