Jury selection can be an afterthought, but it proved notable on Day 1 of the NASCAR antitrust trial.
Largely, that’s because among those sitting in a federal courtroom in Charlotte, North Carolina, was Michael Jordan, the basketball legend whose 23XI Racing team has sued NASCAR.
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Jenna Fryer, covering the trial for the Associated Press, tweeted, “Jordan’s presence in the courtroom was a factor: Among those dismissed from serving on the jury was a man who said he can’t be impartial because ‘I like Mike’ and another who said he had Michael Jordan posters on his walls growing up. A third dismissed juror pointed and winked at Jordan as he left the courtroom while the juror said they were a North Carolina fan but noted the football team at Jordan’s alma mater “aren’t doing too well right now’’ to which the retired star shook his head and laughed.’’
The courthouse is 140 miles southwest of Chapel Hill, where Jordan helped lead the University of North Carolina men’s basketball team to the national title in 1982 and starred for the Tar Heels from 1981-84.
Will this create homecourt advantage for Jordan and the other plaintiffs – Denny Hamlin and Curtis Polk, co-owners of 23XI Racing, and Front Row Motorsports?
Jeff Gluck of The Athletic tweeted, “Only three of 19 prospective (jurors) said they were race fans (one passionate Hendrick Motorsports fan was dismissed).”
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NASCAR is the official state sport of North Carolina, long a hotbed of stock racing. That only three of 19 prospective jurors were race fans reflects a decline in reported revenue.
Yes, it’s a small sample size. Last month, Motorsport reported that, year-to-year, TV ratings for NASCAR Cup Series dropped 14 percent in the 2025 season. Attendance also has dropped since the 2000s, but it’s hard to know exactly how much because NASCAR no longer releases figures.
But back to the jury. It’s composed of six men and three women, according to Fryer.
Denny Hamlin cries on witness stand
Denny Hamlin got emotional on the witness stand, according to Fryer, who tweeted, “Denny Hamlin was first witness called — didn’t get through his testimony and will continue tomorrow. Began to cry and needed to compose himself minutes into testimony as he was asked how he got into racing and he reflected on his ill father.’’
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On at least one other occasion this year, Hamlin grew emotional in public while talking about his father.
According to The Athletic, Hamlin testified the racing team he co-owns with Jordan and Polk can make a minor profit only if they generate $45 million in sponsorship revenue.
“The difficult part is coming up with tens and tens of millions just to break even,” Hamlin said, according to The Athletic. “Your costs (as an owner) aren’t covered to put on (NASCAR’s) show.”
The cost of charter agreements, which ensure teams are guaranteed in Cup Series races, is a central focus of the lawsuit. According to the Associated Press, Hamlin said 23XI Racing has spent more than $45 million for charters and it costs $20 million a year to get a single car to the track for all 38 races excluding any overhead expenses, such as driver salary.
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Jordan could end up on the witness stand, based on a tweet from Fox Sports’ Bob Pockrass. Jordan is among the notable potential witnesses that also include NASCAR CEO Jim France, along with other NASCAR racing team owners Richard Childress, Rick Hendrick and Roger Penske.
Opening statements
According to the Associated Press, attorney Jeffrey Kessler, representing 23XI Racing, said a NASCAR-commissioned study found 75% of teams lost money in 2024. Kessler also said NASCAR was valued at $5 billion by a Goldman Sachs evaluation in 2023.
NASCAR is owned by the France family. Bill France Sr. founded it in 1948 and his son Jim serves as the current CEO.
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“What the evidence is going to show is Mr. France ran this for the benefit of his family at the expense of the teams and sport,” said Kessler, per the Associated Press.
Attorney John Stephenson handled the opening statement for NASCAR. According to The Athletic, Stephenson said 23XI Racing and co-plaintiff Front Row Motorsports were suing not for an actual antitrust claim, but as the result of failed negotiations over the charters.
“If charters are so bad, why do great businessmen keep buying them and investing in them?” Stephenson said, according to The Athletic. “If charters are so bad, why do they want to make them permanent?”
23XI Racing co-owners barred from courtroom
The trial will start with Jordan the sole representative of the ownership team in the court room. Judge Kenneth Bell barred Hamlin and Polk from the courtroom until their testimony, according to Gluck.
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Tweeted Gluck: “The judge said he ‘very reluctantly’ ruled this way because ‘I really do wish you could be here.’ But NASCAR invoked a rule about only having one corporate representative per side (which is already Michael Jordan) and the judge said he’s wary of triggering a legal technicality over this (‘only want to try this case once’).’’
However, Hamlin was the first witness to be called, so he will be able to remain in the courtroom with Jordan.
This article originally appeared on USA TODAY: NASCAR trial Day 1: Michael Jordan impacts jury selection
