Jeremy Mayfield preliminary injunction hearing set for July 1

By Bob Pockrass - Associate Editor

Thursday, June 18, 2009

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Suspended NASCAR driver/owner Jeremy Mayfield’s next race won’t be at least until the July 4 event at Daytona International Speedway as U.S. District Court Judge Graham Mullen has set a hearing for July 1 for Mayfield’s preliminary injunction request to keep NASCAR from enforcing its indefinite suspension against him.

Mayfield was indefinitely suspended by NASCAR May 9 for a positive drug test taken May 1 and sued NASCAR on May 29. NASCAR moved the case to federal court June 2 and filed a countersuit against Mayfield on June 5.

Mayfield has not competed since his indefinite suspension was announced and his team has not attempted the last three events on the Sprint Cup schedule.

Mayfield’s complaint stated that Mayfield tested positive for amphetamines and that his test results came from the use of two drugs: Claritin-D, an over-the-counter treatment for allergies, and Adderall-XR, which is commonly prescribed for the treatment of attention-deficit-hyperactivity disorder. NASCAR’s countersuit says that Mayfield used an illegal drug but did not identify it because of a gag order. ESPN.com has reported that the illegal drug was methamphetamine.

Mayfield’s lawsuit seeks damages for, among other things, defamation, discrimination against someone with a disability and for negligence in not handling the drug test properly. NASCAR alleges Mayfield and his team, Mayfield Motorsports Inc., breached contracts and committed fraud because he violated the agreement drivers sign with NASCAR and then raced with the drugs in his system.

NASCAR also has filed a motion to have the testimony of Mayfield expert Harvey MacFenerstein thrown out because of misrepresentations of his credentials in his affidavit. MacFenerstein acknowledged some of those misrepresentations Thursday, stating that he thought a revised affidavit was going to be submitted as part of the case.

Any decision on an the injunction can be appealed to the U.S. Court of Appeals.

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2 responses to "Jeremy Mayfield preliminary injunction hearing set for July 1". Post a Comment.

1

jbbigrod said:
Jun 19, 2009 at 7:01 PM
Hopefully Jeremy can hang in there with all the dirty money out there and the attornies to go along with it. Might be the biggest race he has ever run.
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Anonymous said:
Jun 26, 2009 at 12:14 PM
Dirty money ?? attornies ?? LOL... Some people don't have a clue, do they ? NASCAR can give you fame, why shouldn't they be able to take it away if you don't play by the rules fair and square ?
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