NASCAR claims Jeremy Mayfield has no case, asks judge to make ruling
By Bob Pockrass - Associate Editor
Tuesday, November 17, 2009
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Jeremy Mayfield attorney reiterates that he no longer wants an injunction to get back on track
NASCAR wants appeal to continue despite Jeremy Mayfield’s request to drop injunction quest
The legal jockeying in the Jeremy Mayfield-NASCAR case continued Tuesday as the sanctioning body requested that U.S. District Court Judge Graham Mullen should rule in its favor based on the pleadings that already have been filed and without the two sides continuing to investigate the issues.
NASCAR filed its motion Tuesday in U.S. District Court in Charlotte.
As it has in previous filings, NASCAR stressed the danger of its sport as a reason why it must be able to enforce its drug-testing policy if it believes a driver has used methamphetamines. Mayfield was suspended May 9 for a May 1 test that NASCAR says was positive for methamphetamines, and the Sprint Cup driver 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.
“A professional racecar driver who used methamphetamine and is armed with a vehicle weighing more than a ton and capable of driving at nearly 200 miles per hour … may kill himself, another driver, a crew member and/or hundreds of fans,” NASCAR states in its motion.
Mayfield, who qualified for five of the first 11 Sprint Cup races this season after starting his own team and has 433 career series starts, is the only Cup driver to be suspended under NASCAR’s random drug-testing policy implemented this year.
He 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.
In its motion Tuesday, NASCAR claims:
• 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.
• NASCAR Chairman Brian 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.
The judge won’t rule on the motion until after Mayfield has a chance to file a response. Mullen 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.
After Mayfield obtained the injunction, NASCAR obtained another urine sample from Mayfield on July 6 that officials say also tested positive for methamphetamines. Mayfield has filed documentation from a test he said he took within an hour of the NASCAR test that was not positive for methamphetamines.
The U.S. Court of Appeals granted NASCAR’s request for a stay of the injunction July 24, and Mayfield has been suspended since then. Mayfield has filed documents indicating he is not interested in the injunction any longer. The case is going through the discovery process, where each side investigates the other, and is scheduled for trial in September 2010 at the earliest.
In another move, NASCAR recently changed its North Carolina attorneys in the case. NASCAR is now using the Charlotte firm of Wyatt & Blake. When the case started, NASCAR used Hendrick, Bryant & Nerhood out of Winston-Salem, N.C.
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43 responses to "NASCAR claims Jeremy Mayfield has no case, asks judge to make ruling". Post a Comment.
jerryswiatek said:
Nov 17, 2009 at 4:06 PMThey are gonna wear Mayfield down to nothing, make him an example, (don't even think about suing Nascar) teach everybody a lesson no matter how many people they have to fine to get it all paid for, The thank you list goes on I think there has been about one million in fines this past year, I especially like the poor guy Carl Longs struggling donation.Thank you Carl, But the Hendricks don't even feel it. This is going to soon be the bigest splash of what once was the fastest growing sport going.As a real serious fan since 1966 I just hate this, I can't find anything that I can love like I did once like Nascar racing
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» Confirm Abuse ReportDougB06 said:
Nov 17, 2009 at 4:08 PMNascar used wording that may harm thier case..."armed with a vehicle weighing more than a ton and capable of driving at nearly 200 miles per hour" makes it sound like some kind of mafia hit man machine. If Mayfield has good attorneys this probably needs to be something they use in his defense. It clearly could be interpreted as wording meant to harm Mr. Mayfield.
Report as AbuseJust a thought.
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» Confirm Abuse ReportDougB06 said:
Nov 17, 2009 at 4:10 PMPerhaps a better idea would be something like meeting in the middle on this issue... have an independant lab drug test Mayfield on the spot each week for a year. As long as he discloses each time he takes any kind of medication and he passes each test then in a years time NASCAR would issue a formal apology if he fails then he has to leeave NASCAR for good.
Report as AbuseJust some more thoughts.
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» Confirm Abuse Reportbm0239 said:
Nov 17, 2009 at 4:27 PMNASCAR STATES THAT IT IS ABOVE THE LAW WHEN IT COMES TO FEDERAL DRUG TESTING GUIDELINES. NOT EVEN GOD CAN GET JEREMY MAYFIELD ON THE RACETRACK AGAIN.
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» Confirm Abuse ReportSorceress said:
Nov 17, 2009 at 4:27 PMNASCAR is bound and determined to make Jeremy look bad - why the sudden rush? They dragged this on and on, now they want it over with? Why? I agree with DougBo6 - why not use a completely independent firm to test Jeremy intermittently and live with it? It's been prove Adderal and Claritin, when mixed, WILL give a positive test as Meth, but it wouldn't look good for NASCAR to suddenly say, 'Oops...maybe we was wrong!'
Report as AbuseAnd, why the sudden change of attorneys? Because the original ones found out something 'detrimental' to NASCAR's case? Things that make you go Hmmm....
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» Confirm Abuse ReportMAGICVA said:
Nov 17, 2009 at 4:32 PMSeems funny that for months Nascar has wanted to bring up every issue and want all the facts brought out, but now, they want this to go away, without the two sides continuing to investigate the issues. What's their problem? Mark Geragos??
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» Confirm Abuse ReportSheilaLovesNASCAR said:
Nov 17, 2009 at 4:54 PMEvery driver, in the beginning of the year had to give a sample. Jeremy was clean for that sample. He takes Adderoll without telling them and takes Claritin-D so he can breath and is now a meth addict. They won't use another company and refuse to believe that the two drugs combined could result in a positive. He's hardly a threat to any fan. And the other drivers were never afraid to race with him. The whole thing was fishy right from the start. And why shouldn't NASCAR have to follow Federal guidelines?
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» Confirm Abuse Reportmrclause said:
Nov 17, 2009 at 4:55 PMI said it when this mess first started, NASCAR does not want this to go to court because then it's the rules of the court AND disclosure. If the judge rules against them, they will settle to keep it out of court.
Report as AbuseWhat? No one screaming because NASCAR changed lawyers? Many did when Jeremy did! He was broke, he was guilty, now nothing? WOW!
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» Confirm Abuse ReportPhoenix987 said:
Nov 17, 2009 at 4:59 PMNASCAR just continues to hurt their case. Let's face it, they aren't known to have a great track record.
Report as AbuseJust look at how the divorce case with Mr. France was being shoved under the rug and kept out of the public eyes and ears. Now that's getting publicity too.
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» Confirm Abuse Reportjerryswiatek said:
Nov 17, 2009 at 5:31 PMThey are hurting more than thier case with all of this. They could settle this now and save some face if they were smart, this stuburness is going to keep making people mad about beating down the little guy. Am I the only one that likes to see the underdog do good?
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» Confirm Abuse Reportnikki05 said:
Nov 17, 2009 at 5:59 PMI agree with 5 and 7. Use an independant lab. What is Nascar afraid of?? Are they afraid that Jeremy is right. It is time for nascar to be fair instead of dicatorial. They are NOT GOD after all. Shame on Nascar.
Report as AbuseI HOPE JEREMY BEATS them at their own game.
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» Confirm Abuse Reportmeanjoegreen59 said:
Nov 17, 2009 at 6:10 PMI hope Mayfield never races again in NASCAR.He should have just done what Nascar wanted him to do and later on he would have got to race again. No way in hell is Nascar going to ever let him race again now. Mayfield should have told Nascar I made a mistake and won't do it again. If you are a Rat and Nascar is a Rhino you don't fight with the rhino (Nascar).
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» Confirm Abuse Reportrae said:
Nov 17, 2009 at 6:38 PMGlad to see all the positive comments for Jeremy. I agree with them. If he was guilty it would not make sense for him to try and fight the Almighty NASCAR. Many big companies have come up against a "whistle blower" and lost. If Nascar thinks they're having financial problems due to the drop in the economy, just wait until this mess is over. There will be a lot of sceptical fans out there who will doubt everything NASCAR says. Remember... David took Goliath down.
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» Confirm Abuse Reportlordthrash07 said:
Nov 17, 2009 at 6:42 PM#13 would you admit to something your not guilty of and have your name run through the mud???? My guess is no, you wouldn't so why should Jeremy?
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» Confirm Abuse Reportcoodude said:
Nov 17, 2009 at 6:53 PMReal nice to finally see some positive comments for Jeremey. They have tried to ruin you Jeremey,keep fighting.
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» Confirm Abuse ReportDonnaJR88 said:
Nov 17, 2009 at 7:58 PMHang in there Jeremy - don't let em wear you down!
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» Confirm Abuse Reportjbbigrod said:
Nov 17, 2009 at 9:24 PMI agree number 17. Number 13's comments stink. Ridiculous. . . . . It is still up hill for Jeremy, but hopefully he will prevail as so many others have against NA$CAR.
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» Confirm Abuse Reportpws1011 said:
Nov 17, 2009 at 9:38 PMNascar and it;s enlightened atty's,might wanna re-phrase their recent filing,( armed with a vehicle weighing more than a ton and capable of driving at nearly 200 miles per hour … may kill himself, another driver, a crew member and/or hundreds of fans,” NASCAR states in its motion.)If I were suing Nascar after Talledega(Debri hitting fans)It would be a slam dunk using their own words.What are ''they''taking.LOL
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» Confirm Abuse Reportgatenpin said:
Nov 17, 2009 at 10:01 PMGood luck Jeremy - I have always believed you are innocent and NASCAR went after you for one of the owners they like. If donations can be taken to help with your legal bills, let us know. Some of us will certainly send what we can. Hope Geragos wins this case for you. I like NASCAR's France family less and less. They will cause this sport to die if they keep going the way they have been. GO JEREMY!!!!!!!
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» Confirm Abuse Reportkeith308 said:
Nov 17, 2009 at 10:04 PMNASCAR is the gorilla and will stomp Mayfield to broke! I just about hate NASCAR since Brian France took over. Sure wish Bill was here and I am sure he could not believe it took so many years to build and only a few to destroy. The worst part is Nascar has no idea what is happening. Just look in the stands were there are no fans and the ratings are off in double digits. A have been a fan since the mid 60's and all I loved is going to hell. Go Gordon!
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» Confirm Abuse Reportrae said:
Nov 18, 2009 at 2:02 AM#20 GATENPIN: If you find a reliable and honest way for us to contribute to help Jeremy please let us know on this SceneDaily.com site.
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» Confirm Abuse ReportCrazyClyde said:
Nov 18, 2009 at 12:15 PMOnce a driver signs an agreement he is bound by it. So the federal guidline issue should not be a factor.
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» Confirm Abuse ReportKBfaninGA said:
Nov 18, 2009 at 12:21 PM#7 - And why shouldn't NASCAR have to follow Federal guidelines?
Report as Abuse______________________________________________
Maybe because they are NOT a federal agency?? NASCAR is a privately owned company. They don't have to follow federal agency testing guidelines anymore than any other company in America. I just don't understand the mindset of all these so-called "fans" who always want to harm NASCAR. If you hate NASCAR, then quit watching it.
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» Confirm Abuse ReportWaltripManiac said:
Nov 18, 2009 at 1:17 PMThis is the same OLD news we've all heard before could you wait for some new news ??? Thank You.
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» Confirm Abuse Reportrae said:
Nov 18, 2009 at 4:32 PM#14 I think you should re-read my comment. I was strickly for Jeremy. Maybe you referred to the wrong comment???
Report as Abuse#23 I do not hate the drivers,crew chiefs or teams in Nascar. I am disappointed with those who are the so-called "upper management".
It sounds to me like some people have the idea that Nascar "upper management" can never make a mistake.
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» Confirm Abuse Reportpsdf250 said:
Nov 18, 2009 at 5:33 PMNASCAR wants this thing done because they know they screwed up. If the verdict comes out in Jeremy's favor, they'll just simply appeal it. Financially he won't be able to ride it out.
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» Confirm Abuse Reportrae said:
Nov 18, 2009 at 5:44 PMIf Jeremy wins and Nascar appeals I'll watch the races on TV and won't go to the track. We need to back Jeremy any way we can.
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» Confirm Abuse Reportgary_guilliams said:
Nov 18, 2009 at 6:04 PMmeanjoegreen59-- You're dumb as hell. I don't knwo if you have kids, but imagine you do. Imagine if CPS came to you house and randomely drug tested you. You tested positive for meth, but you know you didn't do meth, so your kids are taken aways from you forever, something that you love. Are you telling me that you would just accept that? Or would you fight it? Why the hell would anybody in there right mind let themselves be accused of taking meth and them nto doing anything about it if they knew that it were not true?
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» Confirm Abuse Reportjerryswiatek said:
Nov 18, 2009 at 6:49 PMRight #28, been my thoughts since all this started and Mayfield fought back, I said this long ago that on two ocassions I have seen and just had short words like good luck today and just talk like that, he does not have a big red nose like someone stupidly said, his looks are about as straight and normal as anyone, but as I said he is kinda hyper and am sure as hell that he would take something to calm a little, I don't mean real hyper just active like Herman the German, no different at all.
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» Confirm Abuse Reportcabbyman08 said:
Nov 19, 2009 at 1:10 AMi think mayfield has had enough of the courts and fighting with nascar plus nascar wants to make an example of mayfield plus mayfield could be running out of money.
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» Confirm Abuse Reportcabbyman08 said:
Nov 19, 2009 at 1:13 AMIf mayfield keeps going with the court case there might be a chances he could beat nascar what a feather in his cap
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» Confirm Abuse Report88_20_42_Fan said:
Nov 19, 2009 at 9:40 AMThe guy get's caught using meth and you people are defending him? Mayfield doesn't deserve to be a part of our sport any longer, let alone sue the sanctioning body for anything.
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» Confirm Abuse Reportbrown0770 said:
Nov 19, 2009 at 12:53 PMHey DougB06 if you read properly NASCAR said “A professional racecar driver who used methamphetamine" so you can't claim that it clearly could be interpreted as wording meant to harm Mr. Mayfield, since his name is not used - this is a generic comment meant to convey the danger of anyone driving under the influence, any first year law student can see that.
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» Confirm Abuse Reportbrown0770 said:
Nov 19, 2009 at 12:57 PM#13 - All I know is in the past if Jeremy didn't get his way he sues. He is not above using the courts to try and make himself look good. Besides no one wanted to hire him as a driver anyway.
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» Confirm Abuse Reportbrown0770 said:
Nov 19, 2009 at 1:02 PM#18 I work for a major sports team and if you read the small print on your ticket, you attend the event at your own risk. Now I do live in Canada and we are not as litigous as the U.S.
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» Confirm Abuse Reportandygray212 said:
Nov 20, 2009 at 5:31 PMoh my god....thank you 88_20_42_Fan. you don't realize how much of a relief it was to read your comment. i'm starting to think jeremy has all these different scenedaily accounts because there's no way that this many people can be sticking up for a drug addict, who failed 2 drug tests by the way. i'm not sure about anybody else, but i haven't failed any, but then again, i don't do drugs.
Report as Abusewhile i'm at it, what about all the other people that have actually PASSED the drug tests that nascar has put forth. i guess they don't take drugs either. probably not, that's why they PASSED.
why would nascar go after anybody? what the hell do they care? fact of the matter is, someone did drugs and was kicked out of nascar for it. great job nascar for getting rid of another drug addict/user!!! no need for them here!
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» Confirm Abuse Reportgary_guilliams said:
Nov 20, 2009 at 7:23 PMandygray212-- What about the 15 drugs test that Jeremy has passed, especially the one he took right before and right after a NASCAR drug test that cam back negative. And this is the first time NASCAR has falsified records. Google Tim Richmond and see what you find. SO you tell me how Jeremy took a drug test from an independent lab right before and right after a NASCAR/Aegis drug test and the independents came back negative and NASCAR's came back positive.
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» Confirm Abuse Reportjulie28 said:
Nov 20, 2009 at 7:23 PMWhy can NASCAR make up anything they want? They add in, that you cannot disagree with any of their decisions. Regardless of Jeremy, they should have the policies in place and really they should follow the federal regulations. NASCAR has its own regulations--doesn't sound right. Still with you Mayfield. #36 the drugs that Jeremy took actually do give a false positive.
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» Confirm Abuse Reportandygray212 said:
Nov 20, 2009 at 9:42 PMI didn't realize there were so many drug test experts here, said with a little sarcasm.
Report as AbuseThe fact still remains people...Jeremy did drugs and was caught, twice. Now he's just trying to save face. No room for a drug user/addict in NASCAR.
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» Confirm Abuse Reporttoons67 said:
Nov 22, 2009 at 9:07 PMI just hope that Mayfield can prove he is not guilty when this is all said and done... i truly believe he is not guilty of this and that nascar has had it out for him for quite awhile... when he does win this case,,, he needs to come back to racing reguardless of what they put him through...ie... tearing the car down at every track,saying hes speeding on pit road,etc,etc,etc, it will be a hard road ahead no matter what happens when he does win this case against nascar...i do not believe a sponsor will touch him atleast through the first year but once he makes it through the first year of returning watch out... he will get himself a good sponsor and do good just like he has in the past...
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» Confirm Abuse Reportgary_guilliams said:
Nov 25, 2009 at 1:24 PMandygray212 once again what about the 15 plus drug test Jeremy has taken that have come back negative for drug use? Explain those.
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» Confirm Abuse Reportdale said:
Nov 26, 2009 at 1:24 PMandygray212, so you were there and saw Jeremy take the drugs right? Since that is so clearly the case why hasn't NASCAR deposed you? <br /><br />Oh, that's right, it is because you have no clue what you are talking about.<br /><br />Many people have shown that mixing the medications Jeremy took can cause a positive result for meth. I guess all of those people are, in your view, liars as well? Frankly if you don't like the stories, don't read them. No one is forcing you to.
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» Confirm Abuse ReportAnonymous said:
Dec 23, 2009 at 9:33 PMSo Dale..you are saying it's okay to mix drugs that cause a positive for Meth as long as it's not meth to start with, eh ? You must be one of Mayfield flunkies who lost their job when he went belly up.. You suing NASCAR too ?? Why not jump on the bandwagon and say you no longer have a job changing tires because they should have let the druggie drive ? WAAAAAAA !!!
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