CUP: Mayfield Gets Another Day In Court

Sprint Cup

CUP: Mayfield Gets Another Day In Court

Ex-NASCAR driver Jeremy Mayfield says he's working through legal issues...

Bob Pockrass | http://www.scenedaily.com | Posted January 24, 2012 Richmond, VA

Jeremy Mayfield was back in court on Tuesday. (Photo: LAT Photographic)

Suspended NASCAR driver Jeremy Mayfield hopes a 40-minute hearing in the 4th U.S. Court of Appeals on Tuesday is one step toward clearing his name.

Mayfield, who has been suspended since a May 2009 drug test that NASCAR says was positive for methamphetamines, and his legal team sat on one side of a federal courtroom, and NASCAR Chairman Brian France sat on the other as Mayfield's attorneys argued that a U.S. District Court judge in Charlotte had wrongly thrown out Mayfield's case against NASCAR in May 2010.

At issue was whether Mayfield had waived his right to sue over NASCAR's actions and its publicizing of the disputed test results. Also at issue is whether Mayfield should be allowed to introduce evidence about why he says France has a vendetta against him and why NASCAR and the courts have ignored his claim that the test was a false positive for a mix of allergy medicine Claritin and an Adderall prescription for attention deficit hyperactivity disorder.

"I was just basically looking forward to today," Mayfield said as he exited the courthouse, "and getting up here and seeing what happens from here. . It wasn't really a day [in court] - it was only like 40 minutes, but we're happy about that."

Mayfield's recent alleged criminal issues were not brought up during the hearing because they are not pertinent to the appeal in the NASCAR case. On Nov. 1, Mayfield was arrested for alleged 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 filings that they seized approximately $100,000 worth of items they believe to be stolen.

The investigation into the goods - Mayfield has denied knowledge that the goods were stolen - is continuing.

The meth charge case is still pending in North Carolina Superior Court.

"We're working our way through all that," Mayfield said. "That will all come out pretty soon. We're trying to get to the bottom of everything."

Mayfield attorney Daniel Marino declined to elaborate on Mayfield's comments.

France left the court without comment, instead letting noted attorney David Boies, who argued NASCAR's case, speak for the sanctioning body.

"It's a very unfortunate situation where you have a driver that has tested positive for using methamphetamines . and everybody agrees [those] people shouldn't be driving in NASCAR races," Boies said afterward.

Boies and Tillman Finley, an attorney in Marino's firm, each got 20 minutes in front of three federal appeals judges - Roger Gregory, Barbara Milano Keenan and Liam O'Grady - to discuss U.S. District Court Judge Graham Mullen's ruling that Mayfield could not sue over the disputed results of the May 2009 drug test because of waivers that he signed as part of the NASCAR-driver contract. Those waivers state that he will not sue over the drug-testing policy.

Mullen also questioned whether the evidence initially submitted backed up Mayfield’s claims of breach of contract, defamation and unfair trade practices. The decision Mullen made was on a motion NASCAR filed before all depositions were completed.

Mayfield's attorneys claim that France and NASCAR acted in a willful and malicious manner in administering the drug tests and revealing the results. They argue that NASCAR, because its policy is to use labs that are certified to administer drug tests to federal workers, must follow the guidelines that apply to federal workers.

Mayfield also wants the right to take more depositions and have more of a chance to prove his case, including the opportunity to introduce allegations that Brian France had him parked during the 2006 Brickyard 400 at Indianapolis Motor Speedway, which France has denied.

The appeals judges questioned Mayfield's attorney on why that Brickyard allegation wasn't brought up earlier in the case.

"You had a chance to respond to the [original] motion; you want a do-over?" Justice Gregory asked Finley.

Finley said the attorneys did not have the information when it replied to NASCAR's request to throw out the case.

"There was no bad faith at all. . They are allegations that bolster the malice [claim]," Finley argued.

Boies said that the judges shouldn't allow that evidence to be introduced and contended that NASCAR has already provided evidence to refute those claims that France had Mayfield parked.

"It simply didn't happen," he told the judges.

Boies also disputed Mayfield's argument that France's comments about the drug test, which NASCAR believes to be accurate, can be considered defamation.

"Where somebody consents to have results of tests made public, they can't complain that the results are made public," Boies argued. "Considering NASCAR is trying to protect the fans, protect the drivers . when tests come back, there's a public interest in making them public."

The judges also questioned Finley on whether NASCAR has to follow drug-testing guidelines for federal employees just because it says it will use a lab certified to do so.

"That certification has meaning," Finley argued. "It's not just a lab in Richmond."

Boies argued that NASCAR never said it would follow those procedures and that there was no evidence that Mayfield was misled.

With the arguments complete, NASCAR and Mayfield will await a decision. There is no deadline for a decision to be made, but there likely will be one by the end of April.

If Mayfield wins the appeal, the case goes back to district court to proceed toward trial.

If NASCAR wins, Mayfield could ask for all 15 4th Circuit appeals judges to hear the case - a request that often is denied - and then would have 90 days to file an appeal to the U.S. Supreme Court.

NASCAR has claimed that Mayfield is trying to extort a settlement. Since his suspension, 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 $1.36 million for a loan that came due. His property is being foreclosed on by a bank, making the entire $2.387 million left on his mortgage due. He also owes more than $109,000 in property taxes.

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