What Is Challenge Selecting Fair Jury for 23XI Front Row Motorsports VS NASCAR Trial

Think about it - if a NASCAR fan are you biased - if not a NASCAR fan biased? Honorary Dialed In Journal attorney Steve Borkan's take.

Artwork provided by Borkan & Scahill LTD in Chicago- While Steve Borkan (portrayed here) is not involved in this case, he has been picking Jury members for 40 years in multi million dollar state and federal court cases.

A draft of a 23XI, Front Row Motorsport VS NASCAR trial verdict form contains much of what would be told to a typical jury before their participation in a court case such as the NASCAR case scheduled to go to trial in early December. (Scribd membership) The jury information contains the typical information about jurors not watching news or reading social media on the case etc.

The background for fan’s following the case and jurors includes information about the Sherman Act - which is the substance of the case.

“This antitrust claim is brought under a federal antitrust law known as the Sherman Act. The purpose of the Sherman Act is to preserve free and unfettered competition in the marketplace. The Sherman Act rests on the central premise that competition produces the best allocation of our economic resources and results in the lowest prices, the highest quality, better choices and the greatest material progress for society…

The Sherman Act protects competition, not competitors. As a general matter the Sherman act does not restrict the long-recognized right of a business to freely exercise its own judgement as to parties with whom it will deal. And a party does not violate the Sherman Act simply because it does not offer the terms and conditions that a counterparty desires.”

Think about this. How do you pull an unbiased group of jurors to hear whether NASCAR violated the Sherman Act? If you are a NASCAR fan you’re likely very opinionated as NASCAR fans tend to be - and if you are not a NASCAR fan can you imagine hearing the case and understanding the complicated nature of the sport?

I turned to Steve Borkan of Borkan & Scahill LTD. in Chicago regarding the jury selection process. You all know him as the “Dialed In Attorney” -

Quote from Steve Borkan of Borkan & Scahill LTD Chicago

I asked Borkan about who he would want on his jury if he was the attorney for the defendant in the NASCAR case (NASCAR). His answer:

Quote above from Steve Borkan of Borkan & Scahill LTD Chicago

The case is scheduled for trial the first week in December. Nine Jurors (and two alternates) will be selected. The jury selection officially will begin when the trial starts although the paperwork on the jury process and information is already in the draft process. From my conversation with Steve Borkan:

1. Jury selection begins on the trial date.

2. From his review of Judge Kenneth Bell’s standing order Borkan says that Bell does the actual questioning of perspective jurors following the completion of a written questionnaire that each juror will have completed prior to the selection process getting underway.

3. The attorneys for each side will be given the opportunity to submit questions to the court to ask of the potential jurors. The judge can choose to make the requested inquiry, reject it, or modify the question(s)

The case should be fascinating.

Note: In discussion with Steve Borkan I learned it is possible that this case still may not go to trial. Many have said they would be shocked if it does. Though it appears that it will as a trial date has been set and the train is moving that direction. However, the sides could still come to an agreement and the jury trial cancelled even after opening statements by attorneys have occurred.

Keep posted here for the latest details as we learn about the legal process together as this trial progresses. Thank you to Steve Borkan of Borkan & Scahill LTD for the continuing perspective on the case.