The NBA legend Testifies He ‘Wasn’t Afraid’ of Nascar in Legal Battle

The basketball icon, as he cordially introduced himself in a Charlotte court on Friday, admitted that his drive to win and status as a newcomer emboldened his effort with 23XI Racing to confront Nascar over alleged violations of competition laws.

Financial Stakes and a Competitive Drive

The owner disclosed financial and corporate details of his racing venture, saying he invested $40 million of his personal wealth into the Nascar Cup series team co-founded with partner Polk and driver Hamlin.

“Someone had to step forward,” Jordan said during testimony. “As a newcomer, I had no fear. I felt I could challenge Nascar in its entirety. From my perspective, the sport it needed to be looked at 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, such as the Charlotte Hornets or the Carolina Panthers. This deal was set to expire in 2024 when Nascar insisted on teams renew their charters.

Jordan was on the witness stand for an hour and exited the courthouse to a media frenzy, with fans and media vying for a view or a picture of the global icon.

Leading the Legal Charge

23XI Racing is leading the full-court press along with another racing team for Nascar to overhaul a operating model Jordan contended is unlawful to maintain excessive control.

At issue for Jordan and a fellow team representative, who testified before Jordan, are events from last September. She recounted a frantic and emotional six hours where the sanctioning body informed teams they must sign a charter agreement extension. The document consists of over a hundred pages outlining pay for chartered teams and a guaranteed entry 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 litigate the matter. All other teams agreed to the terms.

Jordan and co-owner Denny Hamlin approached Nascar about potential amendments or extension options. Nascar wasn’t talking, Jordan said.

The Bottom Line: Winning

But in the end, the pushback against what he saw as a unsustainable system was mostly about the usual bottom line for Jordan: Success.

“Hamlin persuaded me getting a third driver improved our chances to win,” he testified, noting that he bought a third charter late in 2024 for $28m amid the legal dispute. “So I took the plunge.”

Heather Gibbs’ Testimony

Heather Gibbs detailed her push for indefinite franchises, submitted in a written letter to Nascar. She said the timing of the contract signing demand was problematic.

She said, Joe Gibbs first attempted to call and talk Nascar out of demanding signatures, but CEO Jim France declined the request.

“Please don’t force this on us,” Heather Gibbs said was the message to Nascar’s leadership. She said France replied, “Whether I have 20 charters, I have 20. If there are 30, that’s the number.”
Renee Mitchell
Renee Mitchell

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