Spire, Gibbs keep trading blows as trade secrets lawsuit continues in court

Joe Gibbs Racing presented to the Western District of North Carolina what it described as a “roadmap” showing how Chris Gabehart and Spire Motorsports violated the court-ordered TRO and preliminary injunction.

A main argument from Gibbs, argued by counsel Thomas Melsheimer, is not Gabehart's title or position at Spire Motorsports, but the services he provides to them. After all, one of the biggest sticking points in the litigation is that Gabehart is breaching his non-compete clause by working in a role at Spire similar to the one he held at Joe Gibbs Racing. This intersects with the guardrails Judge Susan Rodriguez previously set in the TRO and preliminary injunction orders.

So, Gibbs argued Tuesday that Gabehart knows what he should not be doing, yet he’s doing it anyway. Examples included his participation in, and invitations to, Spire Motorsports competition meetings; not sitting idly taking up space; communicating with crew chiefs and drivers; offering substantive input on competitive matters and pieces; and analyzing post-race documents. 

Three specific races kept coming up regarding Gabehart’s involvement: Circuit of the Americas, Kansas Speedway, and Dover Motor Speedway. Melsheimer also noted that Spire Motorsports crew chief Travis Peterson testified that Gabehart provided tire pressure numbers for COTA that match what JGR runs. Peterson also said he “probably” received Joe Gibbs Racing information verbally from Gabehart. 

“He’s clearly participating,” said Melsheimer.

Furthermore, the allegation is that Gabehart has continued to do this even after the court orders were in place. Spire Motorsports, on the other hand, does not dispute that Gabehart attended meetings or made comments. Melsheimer also referenced Spire Motorsports employees who testified that they did not know the consequences of speaking with Gabehart, nor that they weren’t allowed to.

Melsheimer also argued that Spire Motorsports has been misappropriating the trade secrets, and he had three examples. The first are claims that Gabehart has been involved in post-race analysis, as documents on his computer show. Melsheimer also argued that Gabehart has contributed information on setup philosophies and parameters, and that he has also weighed in on the organization's quality control and production processes.

Judge Rodriguez pushed back at one point, noting that while the information was on Gabehart’s computer, there is no evidence it appears in Spire’s competition materials. Gibbs believes it doesn’t matter whether they wanted it or used it, because Gabehart, a Spire employee, acquired it and it’s on his Spire-issued computer. 

Sarah Hutchins, also counsel for Gibbs, went further, laying out how Gabehart has provided Spire Motorsports with Cup Series competition services, retained the alleged trade secrets and Gibbs’s information, and, furthermore, Spire Motorsports aided and abetted Gabehart’s behavior by doing nothing to stop him. At the heart of the matter are documents they at times struggled to explain where they were stored and whether they transmitted to Spire Motorsports.

It has already been proven that Gabehart took pictures of Gibbs’ information and made files on his computer. But the details have grown murky as Judge Rodriguez repeatedly pressed for information on which OneDrive accounts were being referenced, how many there were, and which emails they used. 

Gabehart response

Carey Davis, one member of Gabehart’s counsel team, told the court that the “evidence is hazy” around his meeting contributions and that his attendance does not mean he provided services. Davis also argued that if Gabehart did contribute, he only agreed with ideas presented by others and did not direct what to do.

It was here that Judge Rodriguez commented that it “might have been a little sloppy” to play in that area, and that he should have had good counsel on what he was doing. Davis told the court that Gabehart was hired as co-owner Jeff Dickerson’s right-hand man, which means he needs to be informed about what is going on at the company, needs to be seen, and needs to be in meetings. 

It was a conservative move, said Davis, that Spire Motorsports eventually placed Gabehart on administrative leave. Gabehart no longer attends meetings or races.

“This is a mini trial,” Davis argued, that includes “the greatest hits of discovery.”

He additionally said it’s been “spin, spin, spin” of the facts and there is no clear and convincing evidence. 

In trying to explain the documents, some of the arguments had been made in previous hearings or motions, such as Gabehart doing so from memory and claiming they were his creations. But Judge Rodriguez said there can still be trade secrets “up here,” and motioned to her head, that can be misappropriated.

Spire response

Joshua Davey came across as very adamant when arguing for his clients. For starters, he noted the initial preliminary injunction is against Gabehart, not Spire Motorsports, and Gibbs cannot show clear and convincing evidence that Spire aided Gabehart’s actions. Davey told the court that Gibbs was trying to relitigate issues the court had already ruled on.

Davey went on to say that Spire Motorsports has employees with plenty of experience and therefore does not need Gabehart’s help. Hence, the role he was hired for, whereas Matt McCall is in the role that Gabehart served at Gibbs. Gabehart does not prepare cars or take part in the weekly schedule the teams follow to get ready for a race.

Furthermore, Davey repeatedly argued that some of the information Gibbs claims is secret is actually well known, public, or available to all teams. For example, Goodyear releases recommended tire pressures. But he also noted that there is no evidence of documents on Spire computers; no information was transferred to Spire personnel; the information was deleted before Gabehart was hired; and he does not lead meetings.

One moment that brought many laughs from the court was Davey's response to Gibbs's counsel, who claimed Spire Motorsports had made “unprecedented improvement” in performance from 2025 to 2026. Davey did so by saying that part of Carson Hocevar's win at Talladega Superspeedway came from avoiding the big wreck, which was then shown on screen, with Fox Sports announcer Clint Bowyer saying, “That’s the whole field.”

Judge Rodriguez quipped, “I remember.”

Davey then explained that Daniel Suarez won at Charlotte Motor Speedway because his crew chief made a two-tire strategy call that put him in the lead, which he held onto before it rained. It was the right gamble.

Another way to explain the organization's “modest improvement” is fewer mechanical failures, fewer DNFs, a new driver (Suarez), and Hocevar's continued maturation. An expert for Spire Motorsports said the biggest improvement this year came at tracks where things changed from the 2025 season, such as the rules package, track surface, etc. 

Even more important has been the partnership with TWG Motorsports, which brought in more money and helped hire the right people. More resources and more money spent translate to better results.

But Gibbs, said Davey, would have people believe that Spire “couldn’t race its way out of a wet bag before Chris Gabehart” came along. 

Tuesday’s hearing was only the first step in convincing Judge Susan Rodriguez that there is cause to proceed toward contempt proceedings and to add Spire Motorsports to the preliminary injunction order (as it currently covers only Gabehart). Rodriguez did not rule from the bench, aiming instead to do so in the coming days.