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NASCAR Sprint-Cup Series
CUP: Breaking Down The Mayfield-NASCAR Case
The lengthy court case involving Jeremy Mayfield and NASCAR remains unsettled...
Bob Pockrass  | http://www.scenedaily.com  |  Posted January 24, 2012   Charlotte, NC
Jeremy Mayfield was suspended from NASCAR in May 2009 for testing positive for methamphetamines. (Photo: LAT Photographic)
It’s easy to be a bit confused on what’s going on with Jeremy Mayfield’s case against NASCAR and the hearing Tuesday scheduled in the U.S. Court of Appeals.

After all, the drug test in question was taken May 1, 2009.

At one point, a federal judge wrote in an opinion: “This litigation has been extraordinarily and unnecessarily contentious.”

How’d it get so extraordinary and so contentious? A thorough look at court documents can help answer to those questions:

What are the basics of the case?

NASCAR says that Mayfield tested positive for methamphetamines on a random drug test administered May 1, 2009 at Richmond International Raceway. NASCAR suspended Mayfield, and he remains suspended as of today. Mayfield sued NASCAR for breach of contract, negligence, defamation, and unfair and deceptive trade practices.

Mayfield argues that the test is a false positive for a mix of over-the-counter allergy medication Claritin-D and attention deficit hyperactivity disorder medication Adderall. NASCAR and its drug-testing laboratory, Aegis Sciences Corporation, dispute that claim. Mayfield argues that because NASCAR required that a laboratory certified to do drug testing for federal employees do the testing of NASCAR drivers and crewmen, it must follow the procedures outlined for federal employees. NASCAR says it doesn’t have to follow such guidelines.

Mayfield also alleges that, at the time, NASCAR’s failure to have a comprehensive list of drugs made the policy too broad. NASCAR has since created a comprehensive list of what drugs violate the policy but also indicates that the list is not all-inclusive and if there is any question on whether a driver should take a certain drug, the policy states that the driver should check with NASCAR first.

Why should NASCAR fans care?

Obviously, fans of Mayfield would like to see his name cleared and NASCAR to pay for wrongly accusing him. But at the heart of this case is NASCAR’s ability to police the sport from the basics of its substance abuse policy to any safety matter in general.

NASCAR believes it should be able to take any measure it needs to in order to conduct events safely, and that means suspending a driver if it feels the driver is dangerous. It’s a matter of the rights of a driver to compete versus the rights of NASCAR to conduct its events in a safe manner. NASCAR warns in court documents that a Mayfield victory, “Invites the unthinkable: that a driver who tested positive for banned substances could simply declare himself fit to race and litigate himself back onto the track.”

Why is Mayfield continuing to fight NASCAR?

He says in court documents that this fight is an “attempt to regain the reputation and livelihood wrongfully stripped” by NASCAR. NASCAR believes he is trying to “extort a settlement” out of the sanctioning body.

Since his suspension and losing out on the ability to race in NASCAR, Mayfield has been the subject of several lawsuits for failure to pay bills (including North Carolina state income taxes) with judgments against him of more than $2.08 million, which includes a $1.36 million loan that came due. His property is being foreclosed on, making the entire $2.387 million left on his mortgage due. He also owes more than $109,000 in property taxes.

If NASCAR is found to have violated the law, Mayfield could use those financial judgments against him as proof for damages.

What decision is being appealed?

On May 18, 2010, U.S. District Court Judge Graham Mullen ruled on a NASCAR motion for a judgment on the pleadings – meaning that he had to consider the basis of Mayfield’s complaint as the truth. Mullen ruled in favor of NASCAR, that Mayfield couldn’t sue because of waivers he signed on the basis of NASCAR’s administration of its substance abuse policy. Mayfield signed those waivers as part of the standard NASCAR-driver agreement.

The judge also indicated that NASCAR did not have to follow drug testing guidelines that cover federal employees and questioned whether Mayfield had evidence to back up his claims.

What is the reasoning behind Mayfield’s appeal?

He argues that the waivers are not applicable in this case because NASCAR and Chairman Brian France acted in a negligent, willful and malicious manner and were reckless in their statements. He also wants to introduce new evidence that he said shows France had him parked during the 2006 Brickyard 400, which would show that France had a vendetta against him. France denies those claims.

Finally, Mayfield argues that with this ruling prior to the trial phase that he hasn’t had a chance to thoroughly investigate and present evidence to prove his case.

If the judge ruled on this in May 2010, what’s taken so long?

Federal courts in general don’t move fast. When the original decision was made in May 2010, Mayfield couldn’t immediately appeal because NASCAR’s countersuit of Mayfield for fraud – saying that by racing with drugs in his system, he falsely implied he was complying with NASCAR rules – was still pending.

NASCAR had to drop its countersuit for the appeals process to begin. The appeal hearing was originally scheduled in November and December, but was postponed because of attorney conflict – NASCAR’s attorneys, including the well-known David Boies, are involved in a federal lawsuit where Oracle is suing Google.

Didn’t Mayfield win the case at some point?

On July 1, 2009, Mayfield won an injunction to be allowed to race as Judge Mullen ruled that NASCAR could do a hair test or another test to determine whether he was still a danger on any given race weekend. NASCAR appealed the decision on the injunction, and asked that the Court of Appeals to lift the injunction until it could hold a hearing.

On July 24, the Court of Appeals agreed to reinstate Mayfield’s suspension until the appeal hearing. In the meantime, Mayfield took another drug test that NASCAR said also tested positive for methamphetamines while Mayfield said he took a test the same day that was not positive for meth. Mayfield eventually dropped the injunction request to speed up the process toward trial.

What will happen Tuesday?

Attorneys for NASCAR and Mayfield will argue their case and answer questions from a panel of three judges. The judges, who are part of the Fourth Circuit Court of Appeals, will not be revealed until Tuesday morning.

Will Mayfield take the stand?

No. There is no witness testimony. Just the attorneys will speak.

When will a decision be made?

There is no deadline for a decision. It could come in February but more than likely in March or April.

What happens after a decision is made?

If NASCAR wins, Mayfield can ask for a hearing in front of all the appeals court judges (there are 15 in all). If that request is denied then Mayfield would have 90 days to appeal to the U.S. Supreme Court.

If Mayfield wins, NASCAR can ask for a hearing in front of all the appeals court judges or the case goes back to district court to proceed toward trial, but a trial likely wouldn’t happen soon. NASCAR most likely would then file a motion for summary judgment where both sides would start submitting more evidence to back their claims, and the judge can weigh the strength of the evidence when making a decision.

What about Mayfield’s recent issues?

On Nov. 1, Mayfield was arrested for possession of 1.5 grams of methamphetamine. He was charged after a search of his 388-acre property, a search where police state in court documents that they seized approximately $100,000 worth of items they believe to be stolen.

The investigation into the stolen goods – Mayfield has denied knowledge the goods were stolen – is continuing. As far as the meth charge, that case is still pending in North Carolina Superior Court.

SceneDaily.com • Talking history: Stories and quips from NASCAR Hall of Fame ceremony
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