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Judge denies NASCAR's request to permanently lift Jeremy Mayfield's injunction
By Bob Pockrass - Associate Editor
Tuesday, September 01, 2009
U.S. District Court Judge Graham Mullen has denied NASCAR’s request to permanently lift the injunction he issued July 1 that had allowed suspended driver Jeremy Mayfield to race.
Mullen released his decision Tuesday, a decision he made on procedural grounds because NASCAR had already filed an appeal with the U.S. Court of Appeals, which ordered a stay on the injunction July 24 until the appeal could be heard. A hearing on the appeal is not expected until at least October, and Mayfield is suspended until the appeal can be decided.
Because NASCAR had filed an appeal, Mullen said he has lost jurisdiction as far as the injunction.
NASCAR suspended Mayfield for a May 1 drug test that it says showed a positive result for methamphetamines. Mayfield claims the test resulted in a false positive reading created by the prescription drug Adderall, which is used to treat attention-deficit hyperactivity disorder, and the allergy medication Claritin-D. Mayfield filed suit and obtained the injunction from Mullen on July 1 to keep NASCAR from enforcing the initial suspension.
While also appealing that ruling to the U.S. Court of Appeals, NASCAR asked Mullen to rescind the injunction based on a July 6 drug test of Mayfield that NASCAR says also shows a positive result for methamphetamines. Mayfield disputes that finding and says he has independent test results from another sample given July 6 that shows negative results for methamphetamines.
Mullen did state in the order issued Tuesday that because of new factual developments in the case and a new preliminary injunction standard recently introduced by the U.S. Court of Appeals, he would have been inclined to grant NASCAR’s request.
In Mullen’s court, the lawsuit is proceeding into the investigation and trial phase, with a trial scheduled to start no earlier than September 2010.
2009 Sprint Cup Race for the Chase Standings
Driver Standings after the Checker O'Reilly Auto Parts 500
| 1 | Jimmie Johnson | 6492 |
| 2 | Mark Martin | -108 |
| 3 | Jeff Gordon | -169 |
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| 6 | Juan Pablo Montoya | -289 |
| 7 | Greg Biffle | -321 |
| 8 | Denny Hamlin | -352 |
| 9 | Ryan Newman | -411 |
| 10 | Kasey Kahne | -476 |
| 11 | Carl Edwards | -520 |
| 12 | Brian Vickers | -666 |
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15 responses to "Judge denies NASCAR's request to permanently lift Jeremy Mayfield's injunction ". Post a Comment.
jbbigrod said:
Sep 1, 2009 at 4:09 PMGood!
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» Confirm Abuse Reportnsnascarfan said:
Sep 1, 2009 at 4:36 PMhere we go again
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» Confirm Abuse ReportDonnaJR88 said:
Sep 1, 2009 at 6:24 PMSince Jeremy should be considered innocent until proven guilty, I appreciate updates on his case. I think it should definitely be considered NASCAR news. Good luck, Jeremy!
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» Confirm Abuse Reportjerryswiatek said:
Sep 1, 2009 at 8:31 PMI met mayfield for the first time about 10 years ago in garages at Charlotte. I can tell you he was then HYPER, my sons were small going around gettig autografs and he almost knocked people down to get to one son and sign his picture, and he talked more than Kenny Wallace.
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» Confirm Abuse Reportaaamt2003 said:
Sep 1, 2009 at 9:21 PMWhat are you trying to tell us #4? Was Jeremy hyper because of his ADHD or because of meth?
Report as AbuseI have a 10 yo who has been diagnosed with ADHD, and if she does not get her meds she is bouncing off the walls by 10am. So, please, elaborate on what you are trying to say.
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» Confirm Abuse ReportMotorsportsPhotography said:
Sep 1, 2009 at 9:23 PMJeremy who?
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» Confirm Abuse Reportspdbmp said:
Sep 2, 2009 at 2:14 AMNASCAR is finding out that even "the little guy" can take on the Bully and win once and a while. Procedural missteps by the (what I assume to be...) massive legal team under the NASCAR/France family umbrella - seem to show at the very least disdain, if not full on contempt for the proper legal system this country was founded on. I admit that substance abuse and professional sports (motor sports especially perhaps) should NOT mix. However, "Dr." Black of AEGIS labs is simply put... a QUACK! How is it appropriate that the director of the group that administers a test is also allowed to prescribe treatment required for reinstatement? "Dr." Black wants to be all knowing and all powerful as if he were a Helton or a France... Jeremy is not falling for it, as "Dr." Black is neither a Helton nor a France!
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» Confirm Abuse Reportrh377 said:
Sep 2, 2009 at 7:51 AMJeremy spoke in class today
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» Confirm Abuse ReportMeg said:
Sep 2, 2009 at 8:12 AMBFD.. what did he REALLY win ?? Nothing...just more anguish with the legal battles... IMO, Jeremy played into the step-mother’s mental state or lack of it. The diversion over the step mom coming to kill Shana and how she previously had killed his Father didn’t remove the guilt of his using drugs while racing. I might find out what trailer park the step mom lives in and send her some money to help with legal fees. Jeremy, Jeremy, Jeremy…. Everyone is entitled to be stupid, but some abuse the privilege.
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» Confirm Abuse Reportsibbi173 said:
Sep 2, 2009 at 9:59 AMlol MSP...
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» Confirm Abuse ReportBILLFAN50 said:
Sep 2, 2009 at 10:24 AMDoes Nascar have so many cases in court, that it going to be a year before this case is heard?
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» Confirm Abuse Reportjerryswiatek said:
Sep 2, 2009 at 11:21 AMSorry #5 I'm saying he needed something at that time, And can easily believe that he has to take something for it, I am not smart when it comes to medicine, but would rather race with him if he was taking something to calm him down, By the way I had a son racing Karts that I could not eat chocolate before a race or he would be on his head!
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» Confirm Abuse Reportbthompson133 said:
Sep 2, 2009 at 11:22 AMnascar wants to suck his money away so he'll go away
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» Confirm Abuse Reportgwen_susie388 said:
Sep 2, 2009 at 3:46 PMMeg!!! You always think someone is guilty!!! Trying to get,"Money for Nothing!!" He is not suing you is he?????? lol Just kidding. I knew you would put your 2 cents in! :-) I can't help but remember our conversation on another article before we decided to be friends! (Smile)Later!
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» Confirm Abuse ReportMeg said:
Sep 2, 2009 at 6:19 PMNot EVERYONE silly gurl !! Just Jeremy ... He's guilty ... Lots of reasons not to like him .. AND not that many drivers bug me that much.. Mike Bliss is another one I don't care for and I can't tell you why.. Well, yes I could tell you but never mind.. We'll just pick on Jeremy. AND how could I not comment on this after you called it to my attention that they put up another Mayfield article for me..* G *
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» Confirm Abuse Report