Jeremy Mayfield filing claims Brian France misrepresented residency to delay case
By Bob Pockrass - Associate Editor
Wednesday, November 25, 2009
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CHARLOTTE – A court filing Wednesday night on behalf of Jeremy Mayfield claims that NASCAR Chairman Brian France misrepresented his primary residence to have the suspended driver’s lawsuit moved to federal court.
The latest filing in the legal tug-of-war also contends that NASCAR erroneously theorizes it could suspend any driver it wants even without a drug test.
Mayfield's filing in U.S. District Court came in response to NASCAR’s request to halt discovery – the investigative phase where depositions are conducted and documents are collected – until the court rules on NASCAR’s motion for a judge to rule based on previous pleadings.
Mayfield was suspended by NASCAR for a May 1 drug test that NASCAR says was positive for methamphetamines. Mayfield contends that the positive finding resulted from his taking a prescription drug to treat attention-deficit hyperactivity disorder and an over-the-counter allergy medicine. He also questions the procedures NASCAR used in determining the results.
Key to NASCAR’s argument that the case should be ruled on now without any more investigation is that Mayfield waived his right to sue through contracts he has signed with NASCAR.
“Under NASCAR’s theory … they could have intentionally spiked Mr. Mayfield’s urine sample and they would be exculpated from any liability due to the alleged waiver,” Mayfield’s filing states. “They could have, under their theory, announced that Mr. Mayfield had violated their Substance Abuse Policy – without ever collecting a sample from him – and they would be immune from suit under their alleged waiver theory.
“It is a theme the Court has seen before in this case, where NASCAR’s lawyers are claiming that NASCAR is completely unaccountable and has to follow no rules, no matter what they do.”
Mayfield also is questioning whether NASCAR had a right to move the case to federal court, a move that eventually delayed a hearing on Mayfield’s request for a preliminary injunction by a month.
The original lawsuit was filed in North Carolina state courts but was moved to federal courts at the request of NASCAR the day before the preliminary injunction hearing in state court. In that request, France said that while he owns a home in North Carolina, he considers his home in Florida his primary residence. Four days earlier in a claim filed in North Carolina Superior Court involving his former in-laws who were living in a house he owns in North Carolina, France said he was a citizen of both Florida and North Carolina but doesn’t indicate which is his primary residence.
Mayfield claims in the filing that France can’t consider himself a resident of North Carolina for that case to be heard in state court and then not be a resident of North Carolina in order to have the Mayfield case heard in federal court.
“France claimed to be a resident of Mecklenburg County and a citizen of North Carolina, four days later, to avoid the preliminary injunction hearing scheduled for the next day, he and his lawyers claimed, essentially, that he was NOT a citizen of North Carolina, but solely a resident of Florida,” Mayfield’s filing states. “... Apparently, Mr. France claims to be domiciled in Florida when it suits him for tax-avoidance purposes, but claims be domiciled in North Carolina when it suits him in litigation.”
Mayfield also claims that NASCAR didn’t act in good faith as it attempted to delay depositions while not disclosing they were planning to file the motion requesting a judgment in the case.
Calls to Mayfield attorney Mark Geragos and NASCAR spokesman Ramsey Poston were not immediately returned.
In another motion filed Wednesday, France’s ex-wife, Megan France, asks the court to prohibit her from turning over to Mayfield’s attorneys documents that are currently sealed from domestic litigation between her and Brian France.
Mayfield’s attorneys stated in another filing Wednesday that they are not interested in exploiting the details of Brian France’s personal life but are interested solely in matters material to whether he made false statements as far as his residence was concerned.
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23 responses to "Jeremy Mayfield filing claims Brian France misrepresented residency to delay case". Post a Comment.
Meg said:
Nov 25, 2009 at 10:07 PMSo, what's the problem ?? Where is he registered to vote ?
doc1944 said:
Nov 26, 2009 at 9:58 AMsick of this, nascar needs to get there act together and pay him , but no they would rather pay some lawyers laughing all the way to the bank over this dumb case.i hope mayfield wins this case before nascar goes belly up.looks to me like there headed that way in a lot of dumb rules. nascar drivers should be called puppets. i've seen more excitment standing on city corners watching the traffic lights in rush hour traffic.if anyone thought the last race of the chase was not borring ,you need to get a life.i rest my case for 3 months maybe a lot longer. happy holidays.
zebsdad said:
Nov 26, 2009 at 12:16 PMMeg, I agree where is he registered to vote? Or does he do it twice via absentee ballot? So the beat goes on, and on, and on, etc. Lets get the whole mess over with. Is the US not supposed to be a democracy? I thought a person was innocent until proved guilty in a court of law.
Everybody else, have a great holiday season.
mcp21 said:
Nov 26, 2009 at 12:38 PMDoc1944: If you are so bored, you are here why? Go to your city corners! By the way, Mayfield needs to crawl in a hole and stay there....
leftturn said:
Nov 26, 2009 at 12:46 PMThe continued pursuit of Mayfield, by NASCAR, can lead to nothing benefiting the sport either in integrity or public perception.
jerryswiatek said:
Nov 26, 2009 at 12:54 PMSorry again I just gotta believe that France is either on drugs, really, really stupid, full of hate for the Carl Longs, Mayfields, and I suppose those that he stupidly thinks are not making him the $money$ or just way wacked out of what he has, sad for us that he is the boss, I wish real deep that we could have a whole lot more USAC. Woo. and lots of other racing,I'm sick of this pretty boy stuff. boring cars made by nascar, and nascar having everyone thinking safety, safety, We should worry?? come on the drivers want to get rid of the plates and all that stupid wing stuff they want to go 200+ and win by earning it with driving. Stupid, stupid, I'm just done after 30+ years of traveling, taping, watching and following Nascar. I'm sorry but I gotta say in the past I didn't even want anyone enterupting me during a race, THIS IS PATHETIC!
doc1944 said:
Nov 26, 2009 at 1:42 PMread on 21, just maybe someone in your life is a little off beat and been given another chance to clean up there life.walk a mile in there shoes. guys like tim the tool man, you know he was in prison. guess all these people who make a mistake should be wiped out. we would do away with so many in sports and politics we would have to watch the world turns and just read ads in the paper. turn the other cheek and remember life is good. may all have the best year yet. don't pass up voting.
doc1944 said:
Nov 26, 2009 at 1:58 PMi must say this, i drove a nascar,i would rather run beside someone a little high on the track than out here on the street with no protection. our laws do very little to stop this, a smack on the wrist. no way this problem can be solved in our world today. just look at the younger group of today. maybe if you can't live with it,get in that hole and stay. may god help us each and everyday.
pjgreene105 said:
Nov 26, 2009 at 2:03 PMIs brian(baby)france on some thing.
he controls nascar,now spending daddys money
trying control the courts,xwife and mayfield
I hope he trys lie to the courts and gets caught.two years in the pen!!! SWEET
clbrzy said:
Nov 26, 2009 at 4:29 PM#6..I'm with you 100%. Get more USAC & WOO on the tele & the nascar fans would see what real racin is about! This type of nascar isn't anything but political junk.
Most Nascar fans have not even been to a dirt race! They are missing alot!
If any of the Nascar owners/bosses can dish out the heat, they better be prepared to get it back. I am glad someone is taking Nascar to the mat. They have not answered to anyone but Nascar for years. Time for a new sheriff! Go Jeremy! I support that he isn't backing down. Too many big organizations have ruined good people.
Nascar changes rules from track to track every week. No yellow line passing, double file restarts this week, no drafting for this race, what ruel is to be cahnged next? Oh, yea, the one that BENEFITS Nascar, not the fans that PAY THEIR SALARIES!!!!! I've been to plenty of races in person, and bought lots of items from the various tracks. But I am not doing it anymore since Nascar isn't doing anything FOR the fans. I QUIT! JMHO.
gwen_susie388 said:
Nov 26, 2009 at 9:26 PMHow hard is it to figure out where your primary residence is??? Answer the question Mr. France!! You have probably broken some major laws trying to claim your primary residence is in two different states. And to think Nascar's future is in your hands! That answers a lot of questions about this once great sport! You go France.....literally.....go...leave the sport completely!
SheilaLovesNASCAR said:
Nov 26, 2009 at 10:06 PMI love NASCAR. It's my one Passion. From the moment I saw my first race. But I must say, it hasn't been the same since Brian took over. It's no longer racing, but a "show". And Brian makes all the rules. No longer is it a show for the fans, but something Brian makes his own. Jeremy was clean in the beginning of the year. But NASCAR refuses to concede that the combination made a false positive. Jeremy shouldn't have to kowtow and go into rehab when he hasn't done anything wrong. And Brian should be able to take what he's dishing out.
Kadach said:
Nov 27, 2009 at 12:29 AM"Oh what a tangled web we weave when first we practice to deceive", Mr Brian (France)NASCAR... NASCAR loves to push around the little guy and Brian cannot stand to have Mayfield stand up to him.. He wants to bury Jeremy and make an example of him so that no one else dares to question their authority... I hope Mayfield wins the case and takes NASCAR for millions. I also hope Jerry Carroll wins his case as well.
coodude said:
Nov 27, 2009 at 12:41 AMKeep up the pressure Jeremy!
Happy Thanksgiving to all!
tire-girl said:
Nov 27, 2009 at 1:29 AMWow, so NASCAR is claiming they can accuse (or state I guess) that a driver has abused the substance abuse policy WITHOUT even a test to prove it? Really? And the drivers signed a waiver stating that? Or they could spike a drivers sample and there is no recourse for the driver? Just suck up the false allegation and ruined reputation just 'cause NASCAR put that in a contract? WTF??? I thought JM was probably guilty last summer, now I don't believe it for a minute. Brian France is a rich kid idiot. He should let someone else run NASCAR while he plays with the other rich kid brainless wonders on the west coast.
jbbigrod said:
Nov 27, 2009 at 2:26 AMI remember a bunch of you all over Jeremy last year, while I and a couple others defended him, AT LEAST till PROVEN guilty, IF that ever happens. I hope he IS innocent and gets everything he deserves and then some. . . . . I am sick and tired of the "big business boys" running shod over the majority of us in this country. . . . . Most of us back down, BECAUSE we don't have the money to fight, and that is too bad. Kudos to Jeremy for giving it a real shot.
grumpyjim52 said:
Nov 27, 2009 at 9:17 AMCheck the tax bill on the Florida property for a homestead exemption, many "snowbirds" try to claim dual residency. It's one or the other.
kcysr said:
Nov 27, 2009 at 12:16 PMThere is nothing wrong with what Mayfields lawyers just did it happens all the time they feel that the system in N Carolina will work better for them and Brain France thinks the Federal system will work better for them. Didn't Nascar do the same thing with the lawsuit brought by Kentucky speedway try to have it moved from Kentucky to a Federal court.
keith308 said:
Nov 27, 2009 at 12:42 PMI hope Mayfield wins his case. He did not look like a meth user. Nascar is after the smaller teams and sucking up to the big MONEY teams and that's a Brian France thing. "Brain" got rid of Carl Long now he's after Mayfield. Who' next! If you have millions you are ok as he loves money and he doesn't even know where he lives. "Brain" France is a joke and all you have to do is read the emails and newspapers and you know what is going on. I among millions are sick and tired of his doings. Nascar will NEVER be the same. Sure do miss Bill France and Bill France Jr.. Took them years to build Nascar to where it was and only a few years for Brian to ruin it. Look at the tv ratings and thousands of empty grandstand seats and you know where I am coming from.
83Goldwinger said:
Nov 27, 2009 at 4:35 PMIt's all about the golden rule - "he who has the gold, makes the rules". For the benefit of ZEBSDAD and others who had a poor history teacher, we DON'T live in a democracy, we are governed under a democratic republic, which is why we have the electoral college, lobbyists and stockholders - all of which STINK, IMHO. It invites coverups, coertion and bribery of government by businesses which result in the crap like the Jeremy Mayfield saga and bank bailouts. NASCAR is BIG BUSINESS and they ALWAYS get preferential treatment over the working class American citizen (if they play the lawyer game and keep the money flowing into the appropriate pockets). Real NASCAR fans hate favoritism. Denny Hamlin acts like a child when he gets the fender put to him, but how many racers has he "nudged"? The 1 lap penalty was a joke when you consider all that NASCAR has done to make the sport "safe". No one other than God, himself, could have predicted a safe outcome of the resulting accident. He should have been held from the race just like other drivers who openly threatened retalliation. I'm not taking sides, just looking for some consistancy from NASCAR.
If NASCAR REALLY wants to help it's fanbase it would stop ticket resales and eliminate resellers from driving up prices. If they are truly concerned about team costs, why not change the schedule and make a loop of the circuit instead of having teams dash back and forth across the US just to make track owners richer?? Wouldn't it be more cost effective to start the circuit in Homestead and work your way up to New Hampshire before heading west?? Just like our politicians in DC, NASCAR has no use for common sense. If DC had given the Wall Street bailout money to the citizens of this country, the resulting stimulus effect would have saved the US economy and penalized the crooks who brought it to the brink. I've been to my share of NASCAR races and now I prefer the local track for excitement and pure FUN. I'll get off of my soapbox, now.
Werner said:
Nov 27, 2009 at 6:35 PMwhat's next?...what kind of toilet paper does Brian France use...this getting dumber every time they write a new story...
CJ1923 said:
Nov 28, 2009 at 3:52 PMI'm behind Jeremy 100%. I think Brian France is an idiot, a LIAR, TAX dodger, and is nothing but a power hungry a-hole. NASCAR wants to control everything about the drivers. I understand not wanting a driver racing looped out on drugs, but what is a driver to do when he gets sick with, say the flu?? They CAN'T take ANY over the counter medicines or they are breaking "NASCARS" rules. NASCAR is ruining the sport of auto racing with the stupid rules they keep coming up with and how they want to "control" every aspect of a driver. Maybe it's time to bring back the drivers union, someone to represent the drivers to NASCAR and pull them down a notch or two. I sure hope Jeremy sticks it to them. I believe him.
spdbmp said:
Dec 2, 2009 at 11:37 AMNot too long ago (like a month or so...?) some guy in NYC fought a multi-million dollar tax stating that he actually lived on Long Island I believe. The courts required proof that he spent 51% of his time residing in Long Island instead of NY. He did! It was a leap year, and he managed to provide enough records to reverse the tax judgment. Let Mr. France be held to the same standard. Voter registration not such a great plan in my opinion... as long as you hada residence SOMEWHERE and vote by absentee ballot... you can essentially live wherever you choose - and vote only ONCE. I still think Jeremy is being turned into NASCAR's whipping boy and I for one am glad he is not taking it! The racing is different than what i have enjoyed over the years... but I'll still watch.