Jeremy Mayfield attorney calls NASCAR’s latest attempt to dismiss case a desperate move

By Bob Pockrass - Associate Editor

Thursday, November 19, 2009

Jeremy Mayfield was suspended May 9 for a test that NASCAR says was positive for methamphetamines,

Jim Fluharty
NASCAR Scene

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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?”

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Comments

15 responses to "Jeremy Mayfield attorney calls NASCAR’s latest attempt to dismiss case a desperate move". Post a Comment.

1

Motorsportsphotography said:
Nov 19, 2009 at 6:42 PM
I think this personal thing that happened between Brian and Jeremy is going to hit the fan really soon. Brian is probadly going to look bad and NASCAR is going to lose millions.
2

Rainier said:
Nov 19, 2009 at 6:58 PM
Doesn't NASCAR, as a privately owned entity, have the right to revoke anyone's priveleges to drive in the series? Isn't that why very few drivers speak out against them? Why is this even an issue? Am I wrong? MSP, you seem to know all the in's and out's. What's up with this?
3

Motorsportsphotography said:
Nov 19, 2009 at 7:43 PM
Basically Jim and Leza own NASCAR and Brian is not listed as a owner. NASCAR is a public corp with a board of directors. Now the tracks are owned by ISC which is International Speedway Corp which They have been saying isn't part of NASCAR but we all know it is because all the offices are housed under one roof. They also own Americrown which is all the concessions both apparel and food. For them to tell a driver he cant race anymore in the series it has to be voted on and can be decided by just Brian. But we all see anything goes in NASCAR lately so who knows.
4

dale said:
Nov 19, 2009 at 7:56 PM
I hope they get the personal information about Brian France. It will be interesting to see how he likes his personal information spread about for public review.
5

Anonymous said:
Nov 20, 2009 at 6:40 AM
Awwww, tell me it isn't so.. Mayfield doesn't deserve to "win millions" anymore than I do. If I'm reading this right, this is where the "Brian doesn't want it known he is a swinger" comment plays comes into play.. So, did Jeremy tell everyone about Brian lifestyle like he did Ray? MAYBE Jeremy was the other swinging partner, eh ?

I still say he broke the rules of NASCAR by not disclosing what medications, prescription or not, he was taking. Throw the case out !
6

doc1944 said:
Nov 20, 2009 at 8:31 AM
these days is the drug days, we've got a president that smokes the cig. it's a drug and he's running the country. let the boy drive.i hope he gets a bundle out of nascar before they go belly up. if we took out all the drug users today we would probally take out a lot old people, maybe your grandpaw.
7

Anonymous said:
Nov 20, 2009 at 2:24 PM
Yeah, right... Everyone does it, so why not let them.. When you have Lasik surgery on your eyes, who cares if the surgeon is on drugs, right ? If you have brain surgery, it's really no big deal if that surgeon is stoned either. Let's all party because Obama smokes .....
8

grommitbean said:
Nov 20, 2009 at 3:21 PM
Jeremy is a man who I think put alot into the sport this year only to get spit on. Drug Test have their faults and truths. Nascar should have never open "B" stupid. Nascar will pay and by then Jeremy will be blacklisted as he is now.
9

nascarnutsheeler said:
Nov 20, 2009 at 4:37 PM
I hope that Nascar is shown for what they really are, a bunch of geedy people. Greed has put a lot of people down. Annoymous, are you sure you are OK?
10

gatenpin said:
Nov 20, 2009 at 5:19 PM
Here we go - everyone slinging mud at Brian now. But I say, better him than Jeremy. NASCAR should lose this one and pay Jeremy MILLIONS!!! He did nothing wrong when he let is slip about Ray and Erin. But as we know, Ray and NASCAR went for revenge. Hope they get to trial and clear Jeremy's name. Seen alot of meth users, and Jeremy has none of the tell-tell signs. Go on internet and look up mug shots where they have horrible sores (esp on the face) and rotten teeth. Jeremy has none of that. I wish Jeremy the best of luck. He and his wife deserve those millions.
11

coodude said:
Nov 20, 2009 at 5:38 PM
Hey anonymous(Meg)looks like you are all alone now.
Even MSP has changed his tune!
12

wmvjr1960 said:
Nov 20, 2009 at 6:10 PM
If Jeremy was diagnosed with Adult Attention Deficit Disorder, and perscribed Adderall, he may indeed be classified as having a disability, and therefore held under federal standards no matter what nazicar says. Depression, bi-polar etc etc. It says right on the Adderall bottle 'Amphetamine'. Nascar can't just make up it's own policies and rules like their own little governmental dynasty. Which is what they try to do. Unfortunately agreements that are illegal, are illegal.
13

SheilaLovesNASCAR said:
Nov 20, 2009 at 11:38 PM
Jeremy's big mistake was not telling NASCAR that he had ADHD and was taking Adderall, when he started taking it. He was negative in the beginning of the year. How could he have become an addict in just 3 months? It doesn't make sense. I don't know how NASCAR can get away with not following Federal regulations.
14

leftturn said:
Nov 21, 2009 at 12:27 PM
This whole fiasco has drawn nary a look from the main stream media. If Jeremy's attorney can knock down the wall of NASCAR that will change. There is a drool factor involved in exposing NASCAR's financials.
15

jerryswiatek said:
Nov 21, 2009 at 6:44 PM
Sorry Folks, Nascar has known for several years that Jeremy was taking medication for his
hyper active condition, Jeremy made that clear long ago and almost everybody in the garages knew it, First they all just need to and will walk around dumb. Now something really really stinks for this now to be brought out, ME, I think Jeremy was thought to open his mouth about something that they didn't want him too. we do know he can do that at times, But I like the guy, always will and always have. He has had too put up with a lot of low blows.