Jeremy Mayfield attorney calls NASCAR’s latest attempt to dismiss case a desperate move
Jeremy Mayfield was suspended May 9 for a test that NASCAR says was positive for methamphetamines, // Jim Fluharty, NASCAR Scene
Related story: NASCAR claims Jeremy Mayfield has no case, asks judge to make ruling
HOMESTEAD, Fla. – Jeremy Mayfield’s attorney is calling NASCAR’s latest moves in the case involving the suspended Sprint Cup Series driver a “desperate attempt by desperate people.”
Mark Geragos, the prominent attorney who has represented several celebrities, said NASCAR is trying to delay the case by also asking that the discovery phase conducted by attorneys prior to trial be halted until its latest motion can be heard. That motion filed Tuesday asks U.S. District Court Judge Graham Mullen to rule in its favor based on the pleadings that already have been filed.
“They’ve thrown up this imbecilic attempt to dismiss the case,” Geragos said in a phone interview Thursday. “We’re confident once we’re in the courtroom, the truth will be told.”
Mayfield, who was suspended May 9 for a May 1 test that NASCAR says was positive for methamphetamines, has sued NASCAR for breach of contract, discrimination and defamation in an attempt to get back on the track and for financial damages.
Mayfield has denied using methamphetamines and contends 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 contends that NASCAR must follow guidelines that regulate federal agencies. NASCAR denies that Aegis Sciences Corp., which conducts the NASCAR drug-testing program, must follow those regulations.
A trial – if there are no delays – is scheduled for September 2010.
NASCAR’s latest motions include one by Aegis asking for an extension in time for discovery. Geragos said these recent motions could be in response to his request for more documents on the way NASCAR Chairman Brian France conducts his life and his driving record – similar to some of the requests NASCAR has made of Mayfield.
“This is shocking to me because they have done nothing but rummage around in Jeremy’s life,” Geragos said. “We have got nothing to hide. And as soon as we start asking for discovery from them, they want to stay discovery. They want to stop the process … because they know they’re in trouble.”
NASCAR spokesman Ramsey Poston said that NASCAR has not received document requests or interrogatories from Geragos, and disputed Geragos' characterization of NASCAR's motive behind its recent motions.
In its motion Tuesday, NASCAR contends:
• The driver agreement with NASCAR waives all claims arising from the implementation of NASCAR’s substance-abuse policy.
• NASCAR’s substance-abuse policy does not include an obligation to follow guidelines that regulate federal agencies.
• France and Aegis’ Dr. David Black have no reason to believe the tests are inaccurate, so their statements about Mayfield testing positive were done without malice – and with Mayfield a public figure, their statements cannot be considered defamation.
• NASCAR did not discriminate against Mayfield because Mayfield is not a NASCAR employee and not a qualified person with a disability under North Carolina law.
Mullen won’t rule on the motion until after Mayfield has a chance to file a response. He is the same judge who initially granted Mayfield an injunction to have the suspension lifted July 1 although he has since indicated he would reverse his decision based on additional information. Mayfield has indicated he isn’t seeking the injunction any longer.
“He has been damaged,” Geragos said of Mayfield. “Ultimately, now at this point, we know that NASCAR is so desperate they’ll never let him back on the track. We’ve come to grips with that. We want the truth told in a courtroom. We want to expose NASCAR for what it is. Our ultimate goal is to have the truth be told.”
And what’s Geragos’ version of the truth?
“I’ll save that for the courtroom,” he said. “We’re the ones who have complied with discovery. They’re the ones who are doing anything possible to hide and seal and stop and stay. If they’ve got nothing to hide and if this is all on the up-and-up, what are they afraid of?”
