On January 29th of this year struggling team owner/driver Robby Gordon agreed to sell his team to Gillett Evernham Motorsports at the end of this season for $23.5 million, a 4-year driving contract and a possible seat on the board of directors.
The agreement had an exclusivity clause according to GEM which prevented Gordon from talking to other teams about a possible merger. GEM says that he broke that deal when he talked to other teams about a merger in exchange for engines for the season.
Gordon also made disparaging remarks about GEM regarding the quality of the engines he was getting compared to other GEM teams. "They want to fight this and get relief from the agreement, and we'll let a judge decide if they can get out of it."