The NBA legend Tells Court He Felt No Fear of Nascar in Legal Battle
The basketball icon, introducing himself formally in a Charlotte court on Friday, admitted that his competitive side and status as a newcomer motivated his push for 23XI Racing to “challenge” Nascar over perceived violations of antitrust rules.
Financial Stakes and a Will to Win
The owner disclosed operational insights of his 23XI team, saying he put in $40m of his personal wealth into the Cup Series operation co-founded with partner Polk and driver Hamlin.
“Someone had to step forward,” Jordan said in the Charlotte courtroom. “I was a new person, I had no fear. I felt I could challenge Nascar in its entirety. From my perspective, the sport required examination from a different view.”
Central Issue: Franchise System and Contract Pressure
The heart of the case involves the end of a 2016 deal where Nascar provided each team a franchise. The concept is similar to other major leagues with separately owned franchises, like the NBA’s Hornets or the NFL’s Panthers. The agreement was set to expire in 2024 when Nascar demanded charter membership renewals.
Jordan testified for an hour and exited the courthouse to a media frenzy, with fans and media vying for a view or a photo of the sports legend.
Leading the Legal Charge
Jordan’s 23XI 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.
For Jordan and and Heather Gibbs, who preceded Jordan, are events from last September. She recounted a frantic and emotional six hours where the racing circuit informed teams they must sign a contract extension. The document spanned 112 pages detailing team compensation and a guaranteed entry in Nascar-sponsored races.
A Refusal to Sign
Jordan said that 23XI and Front Row Motorsports decided their only feasible option was to decline to sign that 112-page package and litigate the matter. All other teams signed the agreement.
Jordan and co-owner Denny Hamlin reached out to Nascar about possible changes or negotiations. Nascar refused to engage, according to his testimony.
The Ultimate Motivation: Winning
But in the end, the resistance against what he saw as a financially unsustainable model was driven by the usual bottom line for Jordan: Success.
“Denny convinced me getting a third driver improved our chances to win,” he said, noting that he bought a third charter late in 2024 for $28 million amid the legal dispute. “So I took the plunge.”
Heather Gibbs’ Testimony
Heather Gibbs detailed her request for permanent charters, which she said a formal letter to Nascar. She testified the pressure of the signature deadline didn’t sit well.
She said, the team founder first tried to call and talk Nascar out of demanding signatures, but CEO Jim France declined the request.
“Don’t do this to us,” Gibbs recounted was the message to Nascar’s leadership. She said France replied, “If I wake up and I have 20 charters, that’s what I have. If there are 30, I have 30.”