Following the unification of open wheel racing in North America, Forsythe announced that he would not be moving on to race in the IRL-sanctioned IndyCar Series in 2008, but initially refused to release Tracy from his contract, forcing the parties into litigation. The delay meant Tracy was unable to find a full time ride for the season, only appearing for Forsythe in the Champ Car sanctioned 2008 race at Long Beach and for a Subway-sponsored Vision Racing/Walker Racing joint effort in the Rexall Edmonton Indy, finishing 4th.