The NBA legend Tells Court He Felt No Fear of Nascar in Legal Battle

The basketball icon, as he cordially introduced himself in a Charlotte court on Friday, admitted that his competitive side and status as a newcomer emboldened his push for 23XI Racing to confront Nascar over perceived violations of antitrust rules.

Team Investment and a Will to Win

The owner disclosed operational insights of his 23XI team, revealing he put in $40m of his personal wealth into the Cup Series operation co-founded with partner Polk and longtime driver Denny Hamlin.

“Someone had to step forward,” Jordan stated in the Charlotte courtroom. “I was a new person, I wasn’t afraid. I believed I could take on Nascar as a whole. I felt as far as the sport required examination through a new lens.”

The Core Dispute: Charter Agreements and Renewal Demands

The heart of the case involves the expiration of a 2016 agreement where Nascar provided each team a franchise. The concept is similar to other professional sports with independent franchises, like the Charlotte Hornets or the NFL’s Panthers. This deal was set to expire in 2024 when Nascar insisted on teams renew their charters.

Jordan testified for an hour and exited the courthouse to a media frenzy, with fans and media clamoring for a glimpse or a photo of the global icon.

Spearheading the Fight

23XI Racing is leading the full-court press along with another racing team for Nascar to change a operating model Jordan said is breaking the law to maintain excessive control.

At issue for Jordan and a fellow team representative, who testified before Jordan, are details from September 2024. Gibbs described a hectic and tense six hours where the racing circuit told teams they must sign a contract extension. The document consists of 112 pages detailing pay for chartered teams and a guaranteed spot in Nascar-sponsored races.

Choosing Litigation

Jordan explained that 23XI and Front Row Motorsports concluded their sole viable path was to refuse a signature that 112-page package and take the issue to court. The other 13 organizations agreed to the terms.

Jordan and co-owner Denny Hamlin reached out to Nascar about possible changes or negotiations. Nascar refused to engage, Jordan said.

The Bottom Line: Winning

But in the end, the resistance against what he saw as a financially unsustainable model was mostly about the familiar goal for Jordan: Success.

“Denny convinced me adding a third car improved our chances to win,” he said, noting that he bought a third charter last year for $28m despite the uncertainty. “So I dove in.”

Heather Gibbs’ Testimony

Heather Gibbs detailed her push for indefinite franchises, submitted in a formal letter to Nascar. She testified the pressure of the signature deadline didn’t sit well.

She said, Joe Gibbs first tried to call and persuade Nascar against forcing signatures, but CEO Jim France refused the appeal.

“Don’t do this to us,” Gibbs recounted Joe Gibbs told Nascar’s executives. She said France replied, “Whether I have 20 charters, that’s what I have. If there are 30, I have 30.”