Final brief filed in original Jeremy Mayfield injunction case in U.S. District Court
By Bob Pockrass - Associate Editor
Wednesday, August 19, 2009
Suspended NASCAR driver Jeremy Mayfield’s legal team has filed its final reply brief in arguing against NASCAR’s request that U.S. District Court Judge Graham Mullen, in light of a disputed July 6 drug test, reconsider his injunction that lifted Mayfield’s suspension centering around his May 1 drug test.
NASCAR suspended Mayfield for a May 1 drug test that it says showed a positive result for methamphetamines. Mayfield claims the test resulted in a false positive reading created by the prescription drug Adderall, which is used to treat attention-deficit hyperactivity disorder, and the allergy medication Claritin-D. Mayfield obtained an injunction from Mullen on July 1 to keep NASCAR from enforcing the initial suspension.
Since then, NASCAR has gotten that injunction put on hold – leaving Mayfield suspended – by the U.S. Court of Appeals until the appeals court can hear arguments on the matter, a process that likely will last until at least October.
In the meantime, NASCAR has asked Mullen to rescind the injunction based on a July 6 drug test of Mayfield that NASCAR says also shows a positive result for methamphetamines. Mayfield disputes that finding and says he has independent test results from another sample given July 6 that shows negative results for methamphetamines.
Mayfield’s filing Tuesday mainly focuses on the legal precedent on why Mullen should not rescinded the injunction. Mayfield’s lawyers also argue that NASCAR expert Mace Beckson contradicts NASCAR’s contention that Mayfield poses a danger to fans since Beckson indicates that no absolute conclusion about a person’s medical condition can be based solely on a drug test.
There is no deadline for Mullen to rule on NASCAR’s request to have the injunction rescinded.
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21 responses to "Final brief filed in original Jeremy Mayfield injunction case in U.S. District Court". Post a Comment.
vantlee1 said:
Aug 19, 2009 at 2:56 PMEnough already!!!
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» Confirm Abuse ReportAnonymous said:
Aug 19, 2009 at 3:12 PMFor pete sakes VANLEE.. IF YOU DON'T WANT TO READ THIS STUFF, THEN DON'T CLICK ON THE LINK THAT BRINGS YOU HERE... SOME OF US WANT TO READ ABOUT IT !!
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» Confirm Abuse Reportazfreebird said:
Aug 19, 2009 at 3:19 PMHe sold his team and I can't imagine any team owner wanting to give him a ride... now it's just about clearing (or not) his good name?
Report as AbuseThat's a whole lot of trouble and expense!
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» Confirm Abuse Reportmjmparis said:
Aug 19, 2009 at 3:24 PMIf the injunction is not removed seems to me that's just more money Jeremy will get in the suit when he wins this case.
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» Confirm Abuse Reportdale said:
Aug 19, 2009 at 3:30 PMHe didn't sell his team, he sold equipment and inventory. Big difference.
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» Confirm Abuse ReportAnonymous said:
Aug 19, 2009 at 4:43 PM< http://www.nascar.com/2009/news/headlines/cup/07/24/jmayfield.sells.team/index.html > Big difference, how ? "It was a package deal. We got cars, haulers and equipment."... Mayfield rented the garage he was operating out of so what didn't Carter buy ? His drugs ?
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» Confirm Abuse Reportjbbigrod said:
Aug 19, 2009 at 4:48 PMAlso, it could be construed as a loss, IF the injunction is not removed. I think it is important to get it removed to show that Mayfield is NOT a risk to other drivers or the fans. - - - And I agree wholeheartedly with you number 2.
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» Confirm Abuse ReportAnonymous said:
Aug 19, 2009 at 5:05 PMPersonally, I feel threatened by Jeremy and won't be attending any more NASCAR races that he attends... I just don't feel safe around druggies.
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» Confirm Abuse ReportWerner said:
Aug 19, 2009 at 6:00 PMsaw a story that there's a warrant out for the arrest of his step-mom?....
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» Confirm Abuse ReportSpacemaker24 said:
Aug 19, 2009 at 6:15 PMHey anonymous in posts 6 and 8, if I posted something that stupid I'd want to be anonymous as well.
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» Confirm Abuse Reportrobby_7_fan said:
Aug 19, 2009 at 8:37 PM#9 yeah. There was an article about Jeremy's step-mom trespassing and hitting someone who works for Jeremy. I guess they're saying that she was drunk. Something to that effect. Should be interesting on how that story turns out.
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» Confirm Abuse Reportgregseencha said:
Aug 19, 2009 at 8:47 PMLets all hope that none of the drivers are under any influence while racing. Its bad enough when you leave the tracks that you have to watch out for all the drunks leaving. LOL But good luck to Jeremy in the future.We humans are not perfect.
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» Confirm Abuse Reportgatenpin said:
Aug 19, 2009 at 9:11 PMStill have faith in Mayfield. Think NASCAR is doing this as a favor for his previous owner. I don't think Jeremy has used drugs and he shows no physical conditions that comes with use of meth. The step-mom and Jeremy has been on the outs since his father died. I think she was looking for favors from NASCAR (as in money) for giving her statement. If she had seen him use meth many times, why did she not warn NASCAR, other drivers, and the police?? Because she's probably not telling the truth. And I don't think her law-suit against Mayfield will go her way. She should be locked up for going to his house while he and his wife were at a race. And locked up for hitting the employees. I am hoping and praying that Mayfield wins any lawsuit against NASCAR at the end of this mess - enough to get his team back. He has been mis-treated ever since he told the truth about where his owner was when asked by the press.
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» Confirm Abuse Reportaaamt2003 said:
Aug 19, 2009 at 10:40 PMMost of you people that are going on about not wanting to be at a race that Jeremy would drive in should think about the basic premise that our justice system is based on. That a person is INNOCENT until proven guilty. A "dirty" urine test does not make a person guilty of illegal drug use. He says he is taking Adderall, which is a mixture of amphetimine salts. Give the man the benefit of the doubt and get off his back!!
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» Confirm Abuse Reportjbbigrod said:
Aug 20, 2009 at 12:31 AMNumber 8 you shouldn't attend ANY NASCAR races then. As there are so many in the stands that are on drugs, and/or alcohol and nicotine and every other kind of drug. - - - There are all kinds of people at the races AND football games too. Seen them personally. So your statement is a joke. Even IF Jeremy was on drugs, HE was/is on the track, NOT in the stands. And IF you are so drunk or dumb to be on the track during a race, YOU certainly don't need to attend. - - - And notice that I said IF he was on drugs. He is NOT in MY opinion. But who am I? Just another fan with an opinion. Just as you too have an opinion. Only yours is not very logical from all we have been reading and seeing and hearing.
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» Confirm Abuse Reporteasterwood said:
Aug 20, 2009 at 7:30 AMAAMT2003 is exactly right. Innocent until PROVEN guilty. What iritates me is how NASCAR operates like the NCAA. We are NASCAR. We can accuse you and ban you and we never have to explain or give the facts. Nascar explains nothing. A few years back they almost ruined MWR before it got started. Does anyone, to this day, know what the substance was in Mikey's mainfold. NO. Did they prove who did it and was it performance enhancing? NO. They act as though they are above the law themselves. And evidently, they are. If you are going to ruin someones career, and face it, guilty or not Mayfield is ruined, you should at least be forced to explain in detail what you know and how you know it.
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» Confirm Abuse Reportsarsie1 said:
Aug 20, 2009 at 11:43 AMGATENPIN, early on in this, Jeremy's "previous owner" Ray Evernham actually said HE did not believe Jeremy was using drugs, and never saw any indication in all his years around Jeremy that he was on drugs. He did say that he "needed to trust NASCAR" but he said he had never seen any indication, nor did he ever believe, Jeremy to be doing drugs while Jeremy was employed by him, thus I do NOT believe he and NASCAR are in this together in any way. I believe NASCAR does have a "positive" test but I believe it is due to the Adderall usage, and the LABCORP results (a private, respected lab) would support that...they do not use a test as sensitive so that they do not pop positive from Adderall. If NASCAR is using a very sensitive test, Adderall WILL cause a positive result. At this point, NASCAR is trying to protect itself from the stupidity of its medical manager who confirmed this positive result and, IMO, will go to any length to avoid admitting fault. If they admit fault, not only do they make themselves look like idiots, but they'll be paying through the nose to Jeremy Mayfield.
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» Confirm Abuse Reportjbbigrod said:
Aug 20, 2009 at 12:40 PMAND that is what it is really about: MONEY!!!
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» Confirm Abuse ReportMarkOrtiz said:
Aug 20, 2009 at 2:28 PMI can understand how Mayfield might want to beat a rap, but I am reluctant to believe that Mayfield could successfully bribe not only LabCorp but the other labs he's used as well. In other words, I can see motive that way, up to a point, but not means.
Report as AbuseNASCAR's lab has an ongoing business relationship with the sanctioning body, so perhaps they could be leaned on.
So looking that way, we can perhaps see means, but what about motive? That is, if NASCAR is falsely accusing Mayfield, the question remains: why? I doubt that GATENPIN's theory about NASCAR avenging Ray Evernham is the answer, but GATENPIN is trying to answer the right question: if Mayfield is in fact innocent, what's in this for NASCAR?
Neither party in this is taking the apparent path of least resistance. This is costing both of them money. On the face of it, they should have settled months ago. Why would Mayfield fight so hard if he knew he was guilty? What other sports figure has fought a positive drug test like this? Why would NASCAR go so far out on a limb with such a shakey witness? If this really is about something other than NASCAR trying to enforce their drug policy and Mayfield trying to get away with a violation, surely Mayfield knows what the real issue is. Yet he hasn't offered a plausible explanation of why NASCAR would try to defame and ruin him, despite the fact that having such an explanation would dramatically bolster his case.
There is at least one large piece missing from this puzzle.
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» Confirm Abuse Reportjbbigrod said:
Aug 20, 2009 at 2:42 PMWe must remember that you never want to show your hand until the proper time. Mayfield's attorney has instructed him, I am sure, to be REAL careful on WHAT he says and HOW he says it. I would imagine they have something up their sleeve to spring at the "proper" moment. And maybe NASCAR does too. THough I wonder about them sometimes on their "procedures" and actions. Guess we will have to just wait and see what happens.
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» Confirm Abuse Reportsarsie1 said:
Aug 20, 2009 at 11:31 PMMARKORWITZ: Did you read my post? My theory is NASCAR didn't set up a positive result...but they use a very sensitive test that can cause "false" positives for meth when Adderall is used (or several other ADHD drugs in fact)....the medical director CONFIRMED that result, despite Mayfield's presentation of a prescription for Adderall. Mayfield sued--NOW NASCAR is trying to protect itself to support a test that never should have been confirmed without further investigation. I don't think NASCAR intentionally set up Mayfield-like you say, why would they? But, I think NOW they are trying to protect themselves from both a serious money judgment, as well as open criticism from other drivers, teams, and fans. If that's not a plausible explanation, I don't know what is. It's an original mistake that is now trying to be covered up--people do it all the time.
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