Jeremy Mayfield changes attorney; Mark Geragos expected to join legal team

By Bob Pockrass - Associate Editor

Monday, October 05, 2009

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Jeremy Mayfield is set to be represented by celebrity lawyer Mark Geragos as he has officially terminated his relationship with Charlotte attorney Bill Diehl in his lawsuit against NASCAR over his suspension for allegedly violating NASCAR’s substance-abuse policy.

Paperwork filed Monday in U.S. District Court in Charlotte shows the law firm of Maxwell, Freeman & Bowman as the replacement for Diehl’s firm. James Maxwell filed the paperwork for the Durham-based firm and, in an e-mail, stated he would be the local counsel and referred all questions to Geragos. A well-known California attorney, Geragos has defended pop star Michael Jackson and convicted murderer Scott Peterson.

Mayfield has sued NASCAR for suspending him for a May 1 drug test that it says was positive for methamphetamines but which Mayfield claims produced a false positive reading as the result of the prescription drug Adderall, which is used to treat attention-deficit hyperactivity disorder, and over-the-counter allergy medication Claritin-D. Mayfield has denied using methamphetamines several times, while NASCAR has produced affidavits of acquaintances and relatives alleging methamphetamine use.

If the case is not settled, a trial could come next September.

The case has taken several twists. Mayfield won an injunction July 1 to lift his suspension, but the U.S. Court of Appeals temporarily rescinded that injunction July 24 until a full appeal could be heard. The injunction appeal is tentatively scheduled for sometime Dec. 1-3.

After Mayfield won the injunction, NASCAR obtained another urine sample from Mayfield on July 6 that the sanctioning body says also tested positive for methamphetamines. Mayfield has filed documentation from a test he said he took within an hour of the NASCAR test, and that sample was not positive for methamphetamines.

NASCAR has countersued Mayfield for violating the agreement drivers sign with NASCAR to obtain their license. Part of that agreement includes following the terms of the substance-abuse policy, which requires drivers to inform NASCAR of changes in medication.

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Comments

27 responses to "Jeremy Mayfield changes attorney; Mark Geragos expected to join legal team". Post a Comment.

1

Anonymous said:
Oct 5, 2009 at 2:42 PM
Yawn !!
2

SmokeisaBaby said:
Oct 5, 2009 at 2:43 PM
Round 49... and counting!
3

Anonymous said:
Oct 5, 2009 at 2:45 PM
SmokeIsARollyPollyBabee !! LOL
4

merri-scott said:
Oct 5, 2009 at 2:49 PM
And we thought this was a circus before! Sheesh!
5

Hammer said:
Oct 5, 2009 at 3:36 PM
And folks wonder why NASCAR is going down the tube! Give me a break.

If Mayfield is innocent and wins his case; he loses.
6

leftturn said:
Oct 5, 2009 at 3:49 PM
Oohhh a new attorney! This should wrap up in no time huh?
7

spurriersson said:
Oct 5, 2009 at 4:31 PM
Where is Mayfield gettting all this money for payment?
8

Werner said:
Oct 5, 2009 at 4:45 PM
he doesn't pay the bills that he owes...
9

Anonymous said:
Oct 5, 2009 at 6:46 PM
I heard there's money to be made in drugs!
10

coodude said:
Oct 5, 2009 at 6:58 PM
The lawyer will be paid when Mayfield wins his case from NASCAR, and he will win. Get out now France while you still can.
11

Meg said:
Oct 5, 2009 at 7:14 PM
France has nothing to do with settlement. It's all about the liability insurance that NASCAR has. The insurance company will decide whether to settle or not, and France will just sit and watch the negotiations. Personally, I don't see how Jeremy can win since he violated the agreement he signed with NASCAR to obtain his license. Part of that agreement includes following the terms of the substance-abuse policy, which requires drivers to inform NASCAR of changes in medication. BUT I guess since he doesn't have anything else to do these days he might as well visit lawyers and hassle NASCAR.
12

jbbigrod said:
Oct 6, 2009 at 1:45 AM
NASCAR deserves it Meg. He maybe, just maybe didn't CHANGE his medications. NASCAR has been violation since the beginning on all this; as they are on most things they have their hands in. Just give it time, we will ALL see. - - - Jeremy should win. But who knows. Again, Time heals all wounds and wounds all heels. Give it time. And Scene Daily COULD just give us the FIRST paragraph on this. We have seen MOST of what is written up above a gazillion times. Blame the media, not Jeremy or NASCAR for all that.
13

Meg said:
Oct 6, 2009 at 7:06 AM
Sorry JB but I don't understand what you imply NASCAR deserves ? Just like with all those people who think Microsoft Windows operating systems are junk, I say to them "then go build your own system then"... NASCAR is doing the best they can to run a business and keep drivers and fans safe and entertained. Sure they have problems, but what business doesn't? They are damned if they do, and damned if they don't make the decisions according to the fans. Just like the 5 & 48 cars being very close to specs a week ago.. Many weren't happy regardless of how NASCAR made the decision to handle it. We'll just wait and see, eh...
14

coodude said:
Oct 6, 2009 at 3:12 PM
Which one is it Meg? Is Mayfield a meth head or did he just not tell Nascar that he changed his meds. You were one of the ones that downgraded Mayfield and called him every lowlife name in the book. Mea culpa Meg?
15

Meg said:
Oct 6, 2009 at 3:50 PM
Mea culpa ? “My Fault” ! Don't think so.. IMO Mayfield uses drugs unequivocally and without question what-so-ever. Did NASCAR nail his coffin when they had the lab do drug testings on him ? We’ll have to wait and see. Bottom line, Jeremy was not in compliance of his agreement with NASCAR by not reporting his drug usage whether it was prescription or not. A posse ad esse, eh ?
16

sarsie1 said:
Oct 7, 2009 at 12:49 AM
The only thing on that Meg, is that you are believing NASCAR when they say that he failed to inform them. He claims he did inform them. So, it's all about who you believe, I guess. Also, the fact that NASCAR is now focusing on this claim that he violated the agreement to inform them of med changes makes ME think, based on my legal experience, that they don't feel their case that he is IN REALITY doing drugs is that strong; because, this little "he didn't notify us" thing is just...I mean, it's miniscule. They didn't suspend him for not notifying them of a drug change. They suspended him for SUBSTANCE ABUSE, so changing their story now, and trying to throw out this "didn't inform" thing is a legal practice I like to call "Throw it all against the wall and see what sticks." lol :)
17

Meg said:
Oct 7, 2009 at 8:20 AM
Well Sarsie, it that were true why wouldn't Mayfield jump right up and wave a copy of the application that he signed with NASCAR disclosing the information to them when he applied for his license? You always get a copy of disclosures, rights, and policy regulations, etc when you apply for something like a NASCAR license. Look at Mayfield's track record with former employers... I just don't give him a whole lot of creditability. Hey, when's that baby due ? Today ? Tomorrow ? Good luck..
18

coodude said:
Oct 7, 2009 at 3:15 PM
Don't you understand Meg? Jeremey just wants to race! It's all he's ever done and wanted. Sure Jeremey was a hothead,a guy who didn't know when to shut his mouth but he could always drive. Guys like Tim Richmond,the Bodine brothers,Jimmy Spencer,to name a few, were the same way.
Mayfield wanted to race so much this year he had the moxie to start his own team.He even was the only one of the start up teams this year to have a sponsor! Then NASCAR came in and called him a druggie and cut his legs right off.
As far as creditability.. hmmmm he was right on with Everham and was right about Penske but he should have kept his mouth shut.
Sarsie,I definatley support your thoughts. The drug use is looking weaker and weaker (it was lame to start with. They should have done their homework) but Nascar seems to be thinking maybe we can still get him on a technicality, By the way didn't Hornaday have some kind of problem with NASCAR on some medication he was taking a few years ago?
19

sarsie1 said:
Oct 7, 2009 at 7:40 PM
I'm not sure Meg. I mean, I don't think that teh application for his license is the problem. I am sure he signed it, and that it requires him to make the disclosure. I imagine the dispute is in whether he actually made that disclosure or not. Still, IMO (and of course, my opinion is worth 2 cents!), IMO, though, the fact that they (NASCAR) are now trying to focus on THIS minor little thing makes me think they don't feel so comfy with their stance on the actual drug test. AND! BABY IS DUE to come on 10/30 via scheduled c-section! :) I CAN'T WAIT. I have gestational diabetes, and am on insulin, and my blood pressure is making itself a problem!! Thanks for asking! :)
20

sarsie1 said:
Oct 7, 2009 at 7:44 PM
COODUDE-yes, Hornaday did have a brief problem. NASCAR "busted" him for using testosterone and HGH. He was using it for a legitimate undiagnosed medical issue (no one could figure out what was wrong with him) but was using it without a prescription. The medications he was using, at the doses he was using were NOT performance enhancing. What he was using it for what he later found out was a thyroid issue (hyperthyroidism/Graves Disease). Ultimately, however, NASCAR did NOT take action against Hornaday, so really, I guess you can't say that he really had a "problem" with them.
21

Meg said:
Oct 7, 2009 at 8:59 PM
So, Coodude… You liked Tim Richmond ?? Do you think it was okay for him to have sexual relations with women AFTER he had been diagnosed with aids? Not me, he is at the bottom of the barrel now in my book..

IMO 90% of all NASCAR drivers want nothing more than to just race. Do you think Jerry Nadeau, Ricky Craven, Wally Dallenbach, and others would have retired if they had a hope or prayer at a ride ? I know they (Ricky & Jerry) had injuries, but they weren’t ready to retire. How about Ken Schrader, Mike McLaughlin ? Suppose Jeremy is more obsessed about driving in NASCAR than they were ? I don’t.. Darrell Waltrip used to say great NASCAR drivers are a dime a dozen, it’s the ones who can talk to the media that will make it. Jeremy was a great P.R. person, but like you said, “he couldn’t keep his mouth shut about personal affairs of others”.

Sarsie.. I think NASCAR is focusing on the issue of disclosure of prescription drugs because they were 100% in control of that. The testing’s on Mayfield weren’t controlled by NASCAR but by Aegis Lab, right ? So, wouldn’t Jeremy have to sue Aegis before getting to NASCAR,?
22

sarsie1 said:
Oct 8, 2009 at 12:51 AM
MEG, no. NASCAR has their own MRO (Medical Review Officer) and that MRO has to confirm the positive test results. Also, Mayfield claims that he requested his Sample B to be tested by an independent lab, which NASCAR refused. In the end, NASCAR is ultimately responsible for its actions. NASCAR may have a cause of action against Aegis, but Mayfield's cause of action is against NASCAR as they are the one that actually took action. NASCAR chose the lab, NASCAR prescribed the lab's tolerance level (i.e., apparently zero), and NASCAR's MRO confirmed the positive result (even after speaking with MAyfield and being told of the Adderall usage according to Mayfield's lawsuit), and NASCAR is the one that acted upon it, and refused to test his Sample B independently. all those things make NASCAR liable, not Aegis. Most labs (like LabCorp) use a tolerance so that "false positives" from prescription drug use do not occur. Any no-tolerance lab would pop positive on meth from Adderall. That's why labs use tolerances. It must be ABOVE a certain level to be confirmed. What I'm undersatnding is that the NASCAR lab does not use a tolerance-and thus medication COULD cause a positive meth result with no meth usage.

Bottom line however is that no, Jeremy does not need to go to Aegis before NASCAR, as NASCAR hired Aegis...Aegis acted as NASCAR's "agent" ... making the agency between NASCAR and Aegis viable, and thus making NASCAR liable for any actions of their agent, Aegis. Even separately, NASCAR is the one that acted on it, their MRO confirmed the result, and NASCAR is the one that suspended Mayfield. As a result, Mayfield has sued the correct party. IF..(a big IF) NASCAR determines that Aegis provided a false result, then NASCAR has a cause of action against Aegis, but that's up to NASCAR to pursue.
23

Meg said:
Oct 8, 2009 at 8:07 AM
This is so interesting to me. I’m so glad you help explain this in layman’s terms. 
In our area, we had a woman who was speeding, OUI, came over a hill out of control and rolled her car .. She had a T-top sports vehicle and was pinned beneath the vehicle. She ended up paralyzed and took on the biggest law firm she could find in MA. looking for damages from her accident. After years in court she won a multi-million dollar settlement because this law firm was able to prove that for only $ 39 more GM could have built a stronger T-top using superior metal in each model of the type car she was driving. That COULD HAVE prevented her injury. It was completely her fault. NO QUESTION WHAT-SO-EVER and she shouldn't have been able to win all that money. HOWEVER, before she could get to GM, she had to sue the local dealership where she had purchased the new car. That suit with the local dealership was eventually dropped, settled out of court, or dismissed but I hated to see that. That dealership had to hire legal counsel to protect their business from allegations that they sold a defective car to her. Complete B.S. 
That’s why I thought Jeremy would have to sue Aegis Sciences Corp first. IF NASCAR has zero tolerance and IF Jeremy hadn’t disclosed his medications to them, then NASCAR (IMO) had every right to park him to keep other drivers safe in a race if Aegis said he tested positive. IMO, it comes down to who has the best lawyer, doesn’t it? Thanks again !
24

sarsie1 said:
Oct 8, 2009 at 10:50 PM
Ah, I see. That case is a product liability case...they have some odd rules for product liability, one of which is that you must first pursue the place you bought the item from...when we did product liability (which was rare), we usually just sued both the place from which the item was bought, and the manufacturer. But product liability is its own beast. The reason she won, despite the fact that the accident was her fault, is because the car was "defective" and didn't protect her as it could have and should have. Even if you're at fault, you legally have a reasonable right to believe that safety has been considered. So, if she was able to prove the car wasn't SAFE, despite the company's knowing that it wasn't safe, who was at fault is irrelevent *in the product liability case* because the safety or defectiveness of the item doesn't have anything to do with the actions of the consumer. This is how people win lawsuits by doing things like dropping irons in bathtubs while plugged in because the iron didn't have a "warning" not to do so. Long and short of it though is that product liability has an almost completely different "set of rules" than most civil litigation, so you can't really compare them. In this case, NASCAR hired Aegis, making Aegis an agent of NASCAR and NASCAR responsible for the results and actions of its agent, as well as itself. Now--can you please tell me how on earth you get paragraphs?!?
25

Meg said:
Oct 9, 2009 at 8:06 AM
Hmmm, just not fair. Good thing I'm not on the jury of these people who cause their own demise and try to blame someone else for their stupidity.. The car was as safe as it could be for the amount of money that she paid. If she wanted an armored car, then she should have bought one.. BUT THANKS FOR EXPLAINING !!

Paragraphs are made by putting the text between ... ; Italics .... ; underlining .... , etc.. JUST DON'T PUT SPACES inside the "< >'s like I did.. I had to do it that way so it would show up here... ... It's HTML ..Hope I explained it okay.. If not, I'll have to send you an email because the characters won't show up here if done the way you need to do it.
26

coodude said:
Oct 10, 2009 at 2:55 PM
Yes Meg, I liked Tim Richmond. I suggest you read David Poole's book on him" The Fast Life and Remarkable Times of Nascar's Top Gun" before you start saying vicious and derogartory remarks again as you did with Mayfield. Read it,you might learn something.
27

Meg said:
Oct 10, 2009 at 9:36 PM
Just because Poole writes a book to make money off Richmond and tell a seemingly wonderful story doesn’t mean that he told it all. You need to take off your rose colored glasses and read up on the fraudulent patterns of sexual risk causing serial infection. I have no desire to read about Tim Richmond's remarkable “FAST LIFE & REMARKABLE TIMES” life .. Richmond was a scum bag for continuing to have sex with woman after he knew he had aids. Did you see the 60 Minutes special that was done on Tim Richmond ?