The NASCAR lawsuit has finally hit its trial phase. On December 1st, key individuals from 23XI Racing, Front Row Motorsports, NASCAR, and other concerned race teams attended a federal court in Charlotte, North Carolina. Attorneys on both sides posted strong arguments, expanding on the antitrust lawsuit that was filed by Michael Jordan and Co. back in October 2024. However, the decision for those arguments will be taken by the jury, a crucial part of the legal process.

What is the Jury Selection Process in the NASCAR Case?

Alongside the opening arguments of the entities, the jury selection also happened on Monday morning. It went relatively quickly and with one hiccup. One of the jurors chosen was released soon after for necessary family obligations and replaced in short order.

However, more hiccups emerged pertaining to choosing an impartial group related to a case with the most famous athlete in the world, Michael Jordan. The 6-time NBA champion and Chicago Bulls legend had two fans among the prospective jurors, and they were dismissed. “I like Mike,” one man explained before pumping his fist at Jordan on his exit. Another man confessed to having Jordan’s posters as a youngster. One woman, a fan of 23XI Racing’s rival, Hendrick Motorsports, was also dismissed.

Yet most of the prospective jurors had little knowledge about the case itself, or even NASCAR. Only three of 23 remaining candidates admitted to knowing of the lawsuit, and three of the remaining 19 people later said they were race fans. The final jury consisted of six men and three women.

Why Jury Composition Matters in a High-Profile Sports Lawsuit?

The dismissal of the prospective jurors is significant in the NASCAR antitrust case. It demonstrates how such high-profile lawsuits work and how potential biases are filtered out of the jury selection process. Referred to as ‘voir dire’, or Latin for ‘to speak the truth’, the process is designed to seat a fair and impartial jury.

Potential jurors are first picked from public records, such as registered voter lists or driver’s license databases, in the relevant judicial district. They must be a US citizen and at least 18 years old, without a disqualifying felony conviction. Then the judge and attorneys from both sides question all jurors to uncover potential biases, as were revealed in the NASCAR lawsuit. In sports cases, fandom, team loyalty, and perceptions of athletes can be big factors in biases. Then, media consumption and financial biases also count.

Which Key Figures Could Potentially Testify as Witnesses?

Denny Hamlin already occupied the witness stand on Monday morning. He told the jury that NASCAR team owners are “essentially just professional fundraisers” due to NASCAR’s business model. He said that 23XI Racing, the team he co-owns with Michael Jordan, had to generate $45 million in sponsorship revenue to make a minor profit.

While this started the trial, other witnesses will be lined up soon over the next two weeks. Potential witnesses include Michael Jordan as well, a key figure behind the start of the lawsuit. Other notable figures who could take the stand include NASCAR CEO Jim France, whom Hamlin and Jordan have accused of running the ‘monopolistic’ business model. Then there are other NASCAR racing team owners, Richard Childress, Rick Hendrick, and Roger Penske, who have also raced under the same model.

What Role Do Team Executives and NASCAR Officials Play in Testimony?

The role of the team executives and NASCAR officials would be to confirm or negate the attorneys’ statements. Jeffrey Kessler, representing Michael Jordan and Co., laid out a chart of evidence that may show NASCAR locked up the racetracks and the race cars and also restricted teams’ eligibility to illegally maintain their monopoly. Kessler also presented a NASCAR-commissioned study that revealed 75% of teams lost money in 2024. Team executives would be there to testify to these claims.

Kessler also said NASCAR was valued at $5 billion by a Goldman Sachs evaluation in 2023. In a counter-argument, NASCAR attorney John E. Stephenson highlighted the benefits that teams enjoy. He said that they generated a combined $640 million on average in sponsor dollars per year. Currently, teams are receiving $431 million from the new media rights deal and the sport’s charter system, which guarantees certain revenues to teams. Hence, the words of both team heads and NASCAR officials will count a lot with these claims.

What Happens Next? Trial Expectations and Legal Boundaries

If NASCAR wins, the lawsuit would reinforce the league’s business model for its 77 years in existence. 23XI and FRM would probably have to race as “open” teams in 2026. Both Cup Series teams would also face a substantial risk of shutting down within a year, based on any potential appeals.

On the other hand, if 23XI and FRM attain legal victory, then it could reshape the very foundation of the sport. The judge will rule on the financial damages to the plaintiff teams, and the figures could triple under the law. What’s more, the judge will also decide on antitrust remedies. These can include mandating track sales, modifying or eliminating charters, abandoning the Next Gen car program, or removing exclusivity provisions.

With the jury now seated and the first testimony finally delivered, the lawsuit trial is officially underway. Now, NASCAR is either one step closer to reinforcing its legacy or facing a complete teardown of the sport’s foundation.