Joe Gibbs Racing is asking the Western District of North Carolina and the Decide (Susan C. Rodriguez) overseeing the case to permit an amended refiling of its lawsuit towards Chris Gabehart and Spire Motorsports.
This second proposed amended lawsuit now claims that the success Spire has obtained this season within the NASCAR Cup Collection is a results of hiring Gabehart as ‘Chief Motorsports Officer,’ allegedly in violation of a non-compete provision, but in addition on account of utility of misappropriated commerce secreted competitors information from JGR.
The beneath italicized textual content has been taken from the proposed amended grievance:
“Spire’s choice to create a bespoke and deliberately deceptive title and position for Gabehart and rent him to that position was not motivated by a need to additional its aggressive pursuits pretty. Moderately, Spire choice to make use of Gabehart was motivated by a need to compete unfairly towards JGR and to deliberately hurt JGR’s aggressive pursuits by way of illegal means. …
“This sudden enchancment in Spire’s Cup Collection efficiency in fact comes on the heels of Gabehart misappropriating JGR’s Confidential Info and Commerce Secrets and techniques and offering Spire the identical or comparable companies he offered JGR within the final yr.”
Spire has objectively taken a step ahead in its aggressive prowess this season, with Carson Hocevar presently sitting sixth within the standings with a win at Talladega after ending twenty third within the remaining 2025 standings. Daniel Suarez has taken the Spire No. 7 automobile to thirteenth within the standings this season after Justin Haley completed thirty first within the remaining 2025 standings.
It’s additionally objectively true that Spire, now with an possession group that features personal fairness powerhouse Group 1001, has invested in folks, services and procedures … however JGR is claiming the hiring of Gabehart was illegal. That’s along with the claims for the primary and second model of the complaints that confirmed the longtime crew chief turned competitors director saved quite a few information from JGR’s servers to his private accounts and took 20 cellular phone images of others.
The court docket, since then, has confirmed as a matter of reality, that Gabehart ‘misappropriated’ these information but in addition has said that there isn’t any proof presently that these information had been disseminated to Spire or some other entity earlier than this was disclosed.
Thus, Spire has maintained its innocence all alongside, and has overtly contemplated why it was even named as a defendant within the second model of this authorized grievance. Past the misappropriated information, JGR has accused Spire of ‘tortuous interference’ with Gabehart’s JGR contract, which the defendants say was voided by the previous employer.
“Spire knowingly, deliberately, unjustifiably, and in dangerous religion induced Gabehart to breach his contract with JGR by (1) soliciting and hiring him to work for Spire, (2) requesting, encouraging, or in any other case inducing him to reveal or use Plaintiff’s commerce secrets and techniques or confidential info, (3) permitting him to carry out the identical or comparable companies he offered JGR within the prior yr to Spire and whereas utilizing JGR’s Confidential Info and Commerce Secrets and techniques, and on info perception, actively encouraging and inducing him to take action and (4) creating a task particularly designed to permit Gabehart to breach his noncompete obligations in a way that makes it harder to detect the breach of his noncompete obligations.”
The unique allegations, which alleges a ‘brazen scheme to steal JGR’s most delicate info’ in violation of quite a few state statutes have been detailed within the posts beneath:
Most of what’s new within the proposed second amended grievance is concentrated on Spire hiring Gabehart as ‘Chief Motorsports Officer, a promotion that might, at face worth, place him as a senior govt no totally different than a Joe Gibbs and even co-owner Jeff Dickerson. Nonetheless, JGR’s allegations assert that Gabehart is appearing in a contest position in violation of the non-compete, one thing the defendants say is unfounded.
JGR has repeatedly made filings and arguments to the court docket, by way of fixed surveillance of Gabehart, that his actions are that of an analogous position as a contest director.
“Spire’s choice to present Gabehart a special title whereas inflicting him to carry out the identical duties he promised to not carry out within the yr following his departure from JGR was meant to hurt JGR and to create a misleading cowl for Gabehart to violate his restrictive covenant in a method that’s troublesome to detect. These allegations additional underscore the proposed Second Amended Criticism states a declare for tortious interference with contract towards Spire.
“Final, the proposed Second Amended Criticism alleges Spire knew that Gabehart retained JGR’s commerce secrets and techniques and confidential info and meant for him to make use of it for the good thing about Spire.”
To deliver forth this second amended grievance, the third total, both the defendants needed to conform to it or, if not, Decide Rodriguez must approve it. The previous has not occurred, so the latter is being requested by the plaintiffs.
“Shortly earlier than 5:00 p.m. Jap Time on Might 1, 2026, Spire’s counsel knowledgeable JGR’s counsel that Spire didn’t consent to the proposed modification. JGR’s counsel responded shortly thereafter to ask the idea for Spire’s opposition to confer on whether or not an settlement may very well be reached, obviating the necessity for Courtroom intervention. On Monday Might 4, 2026, Spire counsel responded that it will oppose the Movement to Amend on futility grounds. Regardless of the actual fact the proposed Second Amended Criticism doesn’t amend any claims towards Gabehart, his counsel additionally knowledgeable JGR’s counsel on Might 4, 2026, that he opposed the modification for a similar causes Spire supplied.”
The one purpose to disclaim a plaintiff an amended submitting can be the beginning of reality discovery, which hasn’t occurred but, or if the ‘shifting social gathering has acted in dangerous religion, or the modification can be futile.’ It’s the latter two grounds that Spire and Gabehart seem like pushing again on.
On these pushbacks, JGR asserts the next:
“JGR’s proposed Second Amended Criticism doesn’t change the character of the claims towards both Defendant, change the underlying authorized theories supporting these claims, or change the aid accessible to JGR. Moderately, it merely provides extra details to the tortious interference with contract declare towards Spire included within the First Amended Criticism. Most of the new factual allegations JGR gives in its proposed Second Amended Criticism occurred after this litigation commenced. These details are identified to Defendants and plenty of had been raised by way of the preliminary injunction arguments. Not one of the extra allegations broaden or change the aid sought on this litigation. Additional, there may be substantial overlap between the details supporting the tortious interference with contract declare and the opposite claims—such because the historical past of contact between Gabehart and Spire within the time interval previous to his employment with Spire. Consequently, Defendants can’t advance any opposition based mostly on prejudice. Since Defendants will undergo no prejudice from the modification, the Courtroom ought to grant the Movement to Amend.
…
JGR’s proposed modification can’t be mentioned to even strategy the edge of what the Fourth Circuit outlines as being supplied in dangerous religion. JGR is solely in search of to make sure that its factual allegations mirror the character of the claims and their total severity, in keeping with the factual file because it develops. The modification can also be made in response to feedback made by the Courtroom in its Preliminary Injunction Order, issued on April 23, 2026.
…
“Lastly, the Courtroom ought to grant JGR’s Movement to Amend as a result of the modification will not be futile. … Although Defendants haven’t specified any causes they imagine the modification can be futile, JGR’s proposed Second Amended Criticism adequately alleges every aspect of the tortious interference with contract declare towards Spire. Underneath North Carolina legislation, the weather of tortious interference with contract are: (1) a legitimate contract between the plaintiff and a 3rd particular person which confers upon the plaintiff a contractual proper towards a 3rd particular person; (2) the defendant is aware of of the contract; (3) the defendant deliberately induces the third particular person to not carry out the contract; (4) and in doing so acts with out justification; (5) leading to precise injury to plaintiff.”
Joe Gibbs Racing has additionally taken exception to a put up made on the Spire Motorsports X account that poked enjoyable on the lawsuit and JGR’s first amended grievance that said Spire had only one win. They gained at Talladega with Hocevar and the account posted a ‘declaration’ that was purely for social media and never the court docket.
“On April 27, 2026, Jeff Dickerson posted a doc to his X account which purports to be an unfiled declaration, just like these Spire has filed on this litigation. Within the unfiled declaration, he seems to joke in regards to the allegations on this lawsuit and brags about Spire’s first NASCAR Cup Collection win since 2019 and second win ever. This sudden enchancment in Spire’s Cup Collection efficiency in fact comes on the heels of Gabehart misappropriating JGR’s Confidential Info and Commerce Secrets and techniques and offering Spire the identical or comparable companies he offered JGR within the final yr.”
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