NASCAR-Jeremy Mayfield trial cannot begin before September 2010
The NASCAR-Jeremy Mayfield trial won’t begin any earlier than Sept. 13, 2010, in U.S. District Court in Charlotte, according to a schedule set by Judge Graham Mullen.
Plenty of things could happen to keep the trial from beginning at that time. Either side could win in the summary judgment phase if the judge determines there’s no need for trial, the case could be settled out of court or the trial could be delayed as the investigation phase proceeds.
Both sides must complete their investigations and depositions by April 7, 2010, and motions for summary judgment are due May 7. The trial is scheduled to begin during the court term that starts Sept. 13.
Mayfield sued NASCAR for suspending him for a May 1 drug test that it says was positive for methamphetamines but Mayfield claims was a false positive as the result of the prescription drug Adderall and over-the-counter allergy medication Claritin-D. He is also suing for defamation.
NASCAR has countersued Mayfield for violating the agreement drivers sign with NASCAR to obtain their license. Part of that agreement includes following the substance-abuse policy, which requires drivers to inform NASCAR of changes in medication.
Mayfield won an injunction July 1 to lift the suspension, but the U.S. Court of Appeals temporarily rescinded that injunction July 24 until a full appeal could be heard. The injunction appeal hearing likely will come in October.
