Friday, October 30, 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

Downtown Moncton Garden Inn

Canadian Hotel Strikes Gold With Parking Garage Hockey Rink

Youth hockey teams are booking years in advance.
Josh Kushner attends the annual Allen and Co. Sun Valley Media and Technology Conference at the Sun Valley Resort in Sun Valley, Idaho, U.S., July 10, 2026.
Exclusive

Josh Kushner, Bob Iger Shopping Lakers Stakes Starting at $250M

Sources tell FOS there has been massive interest in minority stakes.

Brett Yormark to Step Down As Big 12 Commissioner

Yormark stabilized the conference through realignment and secured major deals.

How Injuries Hit Pro Marathoners in the Wallet

Staying healthy can get expensive—quickly.
podcast thumbnail mobile
Front Office Sports Today

10/30/26 – First WNBA Game 7, Utah Targets Kalshi Founders, Cowboys Cheerleaders Unionize

0:00

Featured Today

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

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.
October 15, 2026

College Flag Football Is Outgrowing Its DIY Era

Women have been building the college game themselves at the club level.
Oct 5, 2026; Pittsburgh, Pennsylvania, USA; Pittsburgh Penguins general manager Kyle Dubas arrives at the arena before the Penguins host the Winnipeg Jets at PPG Paints Arena
October 12, 2026

NHL’s New Wave of GMs Is Built Different

“I am in the prediction business,” Devils GM Sunny Mehta tells FOS.
Action Images/Peter Cziborra
October 9, 2026

Is Leicester City’s $264 Million Price Tag Too Rich for Hungry Investors?

After falling from grace, how much is a former top club worth?
Ohio Gov. Mike DeWine delivers a statement condemning the death penalty during a news conference at his office in Columbus on June 16, 2026.

NCAA Sues Ohio Governor Over Fifth-Year Eligibility Order

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

PTPA Boss Accused of Harassment, Sexist Conduct in New Suit

The PTPA is listed as both a plaintiff and a defendant.
Sponsored

How the New York Yankees Stay Game-Ready with Sage Intacct

See how Sage Intacct helps the Yankees streamline finances and plan for the future.
October 5, 2026

WPBL Records Case Alive Despite Board Member’s Firing

The league’s CEO tried to end the board member’s case by firing her.
Mar 16, 2026; Inglewood, California, USA; LA Clippers owner Steve Ballmer reacts against the San Antonio Spurs in the first half at Intuit Dome. Mandatory Credit: Kirby Lee-Imagn Images
Exclusive
October 2, 2026

Ballmer Drops Lawyer Who Called NBA Probe a ‘Witch Hunt’

O’Melveny & Myers had been representing Ballmer in multiple matters.
Polymarket logo appears in this illustration taken April 22, 2026.
September 24, 2026

New York Takes Aim at Polymarket With $4.6B Suit

“Our gambling laws exist to protect New Yorkers.”
September 17, 2026

Mark Walter and His Insurance Empire Face New Class Action Suit

An annuity holder sued the owner of the Dodgers and his companies.