Friday, November 6, 2026
Law

NASL Trial Could Get in Underbelly of American Soccer

If the opening arguments are any indication, the defunct league’s antitrust trial against MLS and U.S. Soccer could get explosive.

Don Garber
Jayne Kamin-Oncea-Imagn Images

Want more from Front Office Sports
in your search results?

Add Front Office Sports on Google

The second iteration of the North American Soccer League was a lower-tier league that existed for only a handful of seasons, and it went defunct more than seven years ago. But a lawsuit the league filed attracted dozens of lawyers and an overflow courtroom in Brooklyn federal court Monday. That first day went more than six hours for opening arguments, and promised testimony from NBA royalty.

That’s because NASL’s antitrust trial against the U.S. Soccer Federation and Major League Soccer threatens to rip the veil off the cozy world of American professional soccer, with hundreds of millions of dollars at stake. 

NASL’s outside counsel, Jeff Kessler, is a titan of American sports law. He ripped into the dominant soccer organizations in his two-hour, 15-minute opening argument.

“It’s a small, insular world,” Kessler told the jury. “Either you belong or you don’t.” Of NASL chairman Rocco Commisso: “He wasn’t part of their club.”

NASL alleges MLS and USSF conspired to bar NASL from competing with MLS, and then further unjustly deprived the upstart league of renewing its Division II status—the second-highest level in the U.S. soccer pyramid—forcing its dissolution in 2018. MLS and USSF deny the two entities conspired, and contend NASL’s woes were caused by a major investor who was ensnared in the 2015 FIFA bribery scandal.

“Traffic was bailing out the league again and again and that came to an end,” USSF outside counsel Chris Yates told the jury, referring to NASL investor Traffic Sports. “The Traffic Sports crisis put the league into a downward spiral.”

The three-week trial, presuming there is not a settlement, will see the testimony of MLS commissioner Don Garber, FC Dallas and Kansas City Chiefs owner Clark Hunt, Big East commissioner Val Ackerman (she was a USSF board member during the period in question), and soon-to-be NBA Hall of Famer Carmelo Anthony, who owned the NASL Puerto Rican franchise.

Kessler described longtime soccer executive Sunil Gulati and Garber as “two peas in a pod.” Gulati had simultaneous roles with MLS and U.S. Soccer, and Kessler said he would call Gulati and Garber as witnesses to the allegedly illegal conspiracy between MLS and USSF. Lawyers for USSF and MLS strenuously argued there is and was nothing untoward about the MLS-USSF relationship, and Garber recused himself over the critical votes in question.

Those votes were by U.S. Soccer in 2015 to deny NASL’s bid for a Division I sanction on par with MLS, and in 2017 a denial of a renewal of its Division II sanction. At the heart of the dispute is whether the USSF used its power as the sport’s governing body in this country—giving it the right to sanction leagues—to protect MLS from NASL’s competition. 

NASL is suing for up to $170 million. The damages, if awarded, would be tripled under antitrust law.

Brad Ruskin, MLS’s outside counsel, told the jury it is “absurd” and “fictional” to argue MLS saw NASL as a competitive threat, listing the billions of dollars invested in MLS compared to the millions of dollars put into NASL.

“NASL was never a competitive threat,” he said. “NASL was just not on MLS’s mind.”

The coming weeks could get rancorous. Ruskin pointed out Anthony paid nothing for his team and only agreed to promote it. And he said the trial would reveal that Commisso, the colorful former NASL chairman who is funding the lawsuit, had a fake Twitter handle in 2017 he used to post nasty messages about the defendants.

Yates contemptuously referred to Kessler as having a “made for litigation argument,” warning the jury “he is trying to mislead you,” for using “smoke and mirrors” and “playing tricks.”  Kessler and Yates are also currently on opposite sides of the lawsuit brought by Michael Jordan over the NASCAR charter system; Kessler is also the lead attorney for the plaintiffs in the landmark House v. NCAA case.

Kessler offered as proof of unfair treatment that USSF granted waivers to MLS over the years allowing it not to meet stadium capacity thresholds and other standards necessary to secure a Division I sanction, while denying them to NASL in its 2015 bid.

But Ruskin argued when USSF agreed to a sanction and allowed standards waivers, there were reasons for this: a team, for example, moving into a smaller facility while building a new one.  When NASL was turned away for waivers, he said, it was over poor business plans.

“NASL never met U.S. Soccer’s minimum standards,” Yates said. “It just never put in the work, never built those stadiums, never went out and signed great players.”

Download the FOS App

The business of sports, in your pocket.

QR code to download the app

Scan the QR code to get the app now.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Jan 1, 2025; Pasadena, CA, USA; Helmets at the line of scrimmage as Oregon Ducks long snapper Luke Basso (43) snaps the ball against the Ohio State Buckeyes during a CFP Quarterfinal at Rose Bowl Stadium. Mandatory Credit: Kirby Lee-Imagn Images

Big Ten’s $49M NIL Cap Looms Over Ohio State–Oregon Matchup

Ohio State and Oregon each have estimated $50 million rosters this season.
Dec 15, 2025; Cary, NC, USA; Washington Huskies goalkeeper Jadon Bowton (1) holds up the National Championship trophy after the Huskies win the championship in overtime at First Horizon Stadium

Colleges Overwhelmingly Oppose Men’s Soccer Calendar Change

Enough schools voted against the fall-to-spring calendar to block the NCAA’s proposal.
Feb 7, 2022; Westlake Village, CA, USA; ESPN reporter Dianna Russini at Los Angeles Rams Super Bowl LVI Opening Night at Oaks Christian High School. Mandatory Credit: Kirby Lee-USA TODAY Sports
First at FOS

Dianna Russini Set to Return to Media: What We Know

Russini’s new content is expected to be sponsored by gambling operators.

How the Risk-Averse NFL Learned to Love Trades

The NFL once was practically a no-trades league. 
podcast thumbnail mobile
Front Office Sports Today

11/6/26 – LIV Golf Is Over, LeBron vs. Bron AI App, Pegula’s Hot-Mic Moment

0:00

Featured Today

Can MLS Capitalize on Son-Mania?

Korea and Tottenham fans alike have flocked to LAFC’s away matches.
Pickering High School North
November 4, 2026

High School Athletic Directors Say They’re Running ‘Mini Colleges’

ADs are managing a growing list of demands from athletes and parents.
October 30, 2026

How Injuries Hit Pro Marathoners in the Wallet

Staying healthy can get expensive—quickly.
Football - NFL - Houston Texans v Jacksonville Jaguars - Wembley Stadium, London, Britain - October 18, 2026 The necklace of a Jacksonville Jaguars fan outside the stadium before the match
October 21, 2026

Die-Hard Sports Fandom Has Reached the Afterlife

Will fans pay $6,000 to memorialize their team loyalty?
October 20, 2026

Why Europe Is Pumping Out NBA Superstars

The NBA and NCAA have an increasingly European flavor.
Nov 2, 2026; Philadelphia, Pennsylvania, USA; Philadelphia 76ers forward LeBron James (23) controls the ball against the Chicago Bulls during the first quarter at Xfinity Mobile Arena.
Exclusive

LeBron James Demands AI Betting App Stop Using His Likeness

James’s camp sent the company a cease and desist letter.
First at FOS
November 3, 2026

Broker in NFL Loan Scam Files for Chapter 11 Bankruptcy

The company arranged millions in loans to convicted fraudster Luther Davis.
Good Good Golf
November 5, 2026

Fired Good Good Exec Sues for $1M, Denies Approving Controversial Ad

Good Good’s former CEO cast blame for the ad on its marketing team.
Sponsored

How Jeremy Bloom Is Reinventing the X Games

Jeremy Bloom discusses transforming the X Games into a global brand.
Jun 12, 2024; Dallas, Texas, USA; Dallas Cowboys former running back Emmitt Smith attends game three of the 2024 NBA Finals between the Boston Celtics and the Dallas Mavericks at American Airlines Center.
November 3, 2026

Emmitt Smith Hits Back After Lawsuit Over Failed $2.5M Solar Deal

The longtime Cowboys running back wants the plaintiff sanctioned.
Ohio Gov. Mike DeWine delivers a statement condemning the death penalty during a news conference at his office in Columbus on June 16, 2026.
October 16, 2026

NCAA Sues Ohio Governor Over Fifth-Year Eligibility Order

Ohio Gov. Mike DeWine signed the executive order Tuesday.
October 13, 2026

PTPA Boss Accused of Harassment, Sexist Conduct in New Suit

The PTPA is listed as both a plaintiff and a defendant.
First at FOS
October 13, 2026

Controversial Search Firm Memo on Brian Flores Unsealed by Court

The memo is evidence for several of Flores’s claims, his lawyers say.