Mayfield asks court to reconsider decision

Schwartz Fan · 06-17-2010

Jeremy Mayfield asks court to reconsider decision to dismiss his claims against NASCAR
By Bob PockrassWednesday, June 16, 2010

Jeremy Mayfield is asking a U.S. District Court judge to reconsider his ruling that dismissed Mayfield’s claims against NASCAR over a May 2009 drug test that NASCAR said was positive for methamphetamines.

In May, Judge Graham Mullen dismissed Mayfield’s claims as he ruled that Mayfield had waived most of his rights to sue NASCAR when he signed the NASCAR-driver agreement and NASCAR-owner agreement. He also indicated that Mayfield did not have enough evidence to support his claims.

Mayfield’s legal team, headed by celebrity attorney Mark Geragos, filed a four-page motion Tuesday night asking Mullen to reconsider. Such motions are not uncommon, especially when an appeal is planned.

It states that Mullen erred by still allowing NASCAR to pursue its counterclaim against Mayfield (for breach of contract by competing while violating the substance-abuse policy) but not allowing Mayfield to sue NASCAR because of the waiver signed as part of the driver-NASCAR agreement. The motion also states that Mullen did not apply applicable Florida law and that Mayfield should have been given the opportunity to amend his complaint to bring claims of wrongful interference with contractual or business relations.

Mayfield, who was indefinitely suspended from NASCAR on May 9, 2009, had sued NASCAR for breach of contract, discrimination and defamation in an attempt to get back on the track and for financial damages. He won an injunction to participate in NASCAR last July but never got back on track.

The injunction was later stayed, pending appeal, and Mayfield – the only driver suspended since NASCAR implemented random drug testing in 2009 – eventually asked for the court to drop the injunction so the case could proceed more quickly toward trial. A trial was scheduled for September 2010 at the earliest.

The 40-year-old Mayfield, who has 433 career starts with five Cup victories and two Chase appearances, qualified for five of the first 11 races of the 2009 season before being suspended. He has denied using methamphetamines and contended the drug-test findings that prompted his suspension resulted from a combination of prescription drug Adderall, which is used to treat attention-deficit hyperactivity disorder, and over-the-counter Claritin-D allergy medicine. He also argued that NASCAR must follow guidelines that regulate federal agencies. NASCAR denied that Aegis Sciences Corp., which conducts the NASCAR drug-testing program, must follow those regulations, and Mullen agreed in his ruling in May.

Jeremy Mayfield asks court to reconsider decision to dismiss his claims against NASCAR | NASCAR News Now - SceneDaily.com

Scooters · 06-18-2010

Give it up Jeremy. You might have a celebrity attorney but it sure looks like he doesn't do his homework. A simple hair follicle test all those months ago would have dispelled any doubts about your innocence. Now, nobody cares.

jonesi · 4 Weeks Ago

Judge denies Jeremy Mayfield request to reverse decision that dismissed his claims against NASCAR | NASCAR News Now - SceneDaily.com

Schwartz Fan · 4 Weeks Ago

No surprise there...

Scooters · 4 Weeks Ago

All of this could have been laid to rest way back at the beginning; the only person benefiting here is the lawyer.

06-17-2010	#1 (permalink)
Schwartz Fan Co-Administrator Join Date: Dec 2005 Location: The flatlands...Where dirt is for farming, clay is for racin' and asphalt is for gettin there!!! Posts: 10,294	Mayfield asks court to reconsider decision Jeremy Mayfield asks court to reconsider decision to dismiss his claims against NASCAR By Bob PockrassWednesday, June 16, 2010 Jeremy Mayfield is asking a U.S. District Court judge to reconsider his ruling that dismissed Mayfield’s claims against NASCAR over a May 2009 drug test that NASCAR said was positive for methamphetamines. In May, Judge Graham Mullen dismissed Mayfield’s claims as he ruled that Mayfield had waived most of his rights to sue NASCAR when he signed the NASCAR-driver agreement and NASCAR-owner agreement. He also indicated that Mayfield did not have enough evidence to support his claims. Mayfield’s legal team, headed by celebrity attorney Mark Geragos, filed a four-page motion Tuesday night asking Mullen to reconsider. Such motions are not uncommon, especially when an appeal is planned. It states that Mullen erred by still allowing NASCAR to pursue its counterclaim against Mayfield (for breach of contract by competing while violating the substance-abuse policy) but not allowing Mayfield to sue NASCAR because of the waiver signed as part of the driver-NASCAR agreement. The motion also states that Mullen did not apply applicable Florida law and that Mayfield should have been given the opportunity to amend his complaint to bring claims of wrongful interference with contractual or business relations. Mayfield, who was indefinitely suspended from NASCAR on May 9, 2009, had sued NASCAR for breach of contract, discrimination and defamation in an attempt to get back on the track and for financial damages. He won an injunction to participate in NASCAR last July but never got back on track. The injunction was later stayed, pending appeal, and Mayfield – the only driver suspended since NASCAR implemented random drug testing in 2009 – eventually asked for the court to drop the injunction so the case could proceed more quickly toward trial. A trial was scheduled for September 2010 at the earliest. The 40-year-old Mayfield, who has 433 career starts with five Cup victories and two Chase appearances, qualified for five of the first 11 races of the 2009 season before being suspended. He has denied using methamphetamines and contended the drug-test findings that prompted his suspension resulted from a combination of prescription drug Adderall, which is used to treat attention-deficit hyperactivity disorder, and over-the-counter Claritin-D allergy medicine. He also argued that NASCAR must follow guidelines that regulate federal agencies. NASCAR denied that Aegis Sciences Corp., which conducts the NASCAR drug-testing program, must follow those regulations, and Mullen agreed in his ruling in May. Jeremy Mayfield asks court to reconsider decision to dismiss his claims against NASCAR \| NASCAR News Now - SceneDaily.com __________________

06-18-2010	#2 (permalink)
Scooters VIP Member Join Date: Dec 2004 Posts: 7,470	Give it up Jeremy. You might have a celebrity attorney but it sure looks like he doesn't do his homework. A simple hair follicle test all those months ago would have dispelled any doubts about your innocence. Now, nobody cares. __________________ Have you ever felt like doing this to someone?

4 Weeks Ago	#4 (permalink)
Schwartz Fan Co-Administrator Join Date: Dec 2005 Location: The flatlands...Where dirt is for farming, clay is for racin' and asphalt is for gettin there!!! Posts: 10,294	No surprise there... __________________

4 Weeks Ago	#5 (permalink)
Scooters VIP Member Join Date: Dec 2004 Posts: 7,470	All of this could have been laid to rest way back at the beginning; the only person benefiting here is the lawyer. __________________ Have you ever felt like doing this to someone?

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode

4 Weeks Ago	#3 (permalink)
jonesi Senior Member Join Date: Dec 2007 Posts: 786	Judge denies Jeremy Mayfield request to reverse decision that dismissed his claims against NASCAR \| NASCAR News Now - SceneDaily.com

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)