CUP: Judge Refuses To Reopen Mayfield Case

Sprint Cup

CUP: Judge Refuses To Reopen Mayfield Case

Jeremy Mayfield's case against NASCAR will not be reopened...

Bob Pockrass | http://www.scenedaily.com | Posted December 14, 2010 Charlotte, NC

Jeremy Mayfield has denied using methamphetamines and contends the drug-test findings that prompted his suspension by NASCAR were the result of prescription medication. (Photo: LAT Photographic)

Jeremy Mayfield’s allegations that NASCAR Chairman Brian France had him black-flagged in the 2006 Brickyard 400 were not enough to sway U.S. District Court Judge Graham Mullen to reopen Mayfield’s lawsuit against the sanctioning body.

Mullen issued an order Monday that denied Mayfield’s request to reconsider a May ruling in favor of NASCAR that dismissed all of Mayfield’s claims.

In that May decision, Mullen ruled that Mayfield had given up his right to sue through various waivers he had signed to compete in NASCAR and questioned whether Mayfield had the evidence to support his claims that NASCAR erred in ruling he tested positive for methamphetamines.

Mayfield asked for the court to reopen the case in June because he intended to introduce new evidence, and Mullen denied that request in August. Mayfield then asked again in September for Mullen to reconsider his ruling in light of France’s former in-laws stating that they had heard France order Mayfield to be black-flagged in the 2006 race at Indianapolis Motor Speedway. France denied those claims and produced travel records that France said showed he wasn’t even with his former in-laws on the day of the race.

Mullen ruled on Mayfield’s request Monday and cited as key factors in his decision the France travel evidence and the fact that Mayfield had sued his team owner Ray Evernham in 2006 for firing him after that race and at that time did not mention the possibility that NASCAR had black-flagged him rather than the team deciding to park the car.

“[Mayfield gives] no compelling reason that this evidence, supposedly from 2006, was not discovered prior to this proceeding, particularly in light of the fact that [he] already litigated the matter and thus presumably would have had a chance for discovery and investigation of the events at the Brickyard 400,” Mullen wrote.

“Additionally, the fact that [he] litigated the matter and made no mention of any black flag during the litigation, as well as the compelling evidence the defendants offer on Mr. France’s travel schedule, the recorded conversations between Mr. Mayfield and his pit crew during the Brickyard 400 and the affidavits of several NASCAR officials asserting they did not issue any black flags at the Brickyard 400 in 2006, casts serious doubt on the validity of [the] new evidence.”

Now that Mullen has denied the motion for reconsideration, Mayfield can now appeal the dismissal of his claims to the U.S. Court of Appeals. He could also file a new lawsuit asking for damages just based on the issue of whether France had him black-flagged during a race for no legitimate reason.

In his ruling, Mullen also denied NASCAR’s request for sanctions against Mayfield’s attorney for filing the motion based on testimony from former in-laws whom France sued last year when trying to evict them from a home he owned and whose daughter is involved in a post-divorce lawsuit with France over alimony and alleged violations of their divorce agreement.

NASCAR suspended Jeremy Mayfield for failing a drug test. (PHOTO: LAT Photographic)

“This litigation has been extraordinarily and unnecessarily contentious,” the judge wrote in his decision Monday. “The Court did find these pleadings to be unwarranted.”

The ruling Monday was another step in what has turned into a lengthy battle between Mayfield against NASCAR and France over the results of a May 1, 2009, drug test.

Mayfield was indefinitely suspended from NASCAR on May 9, 2009. He sued NASCAR for breach of contract, discrimination and defamation in an attempt to return to racing and for financial damages. He won an injunction to participate in NASCAR in July 2009 but never returned to competition.

The injunction was later stayed, pending appeal, and Mayfield – the only Cup driver suspended for violations of the substance-abuse policy since NASCAR implemented random drug testing in 2009 – eventually asked the court to drop the injunction so the case could proceed more quickly toward trial. The judge dismissed Mayfield’s claims in May.

Mayfield, who has 433 career starts with five Cup victories and two Chase championship appearances, has denied using methamphetamines and contends that the drug-test findings that prompted his suspension resulted from a combination of the prescription drug Adderall, which is used to treat attention-deficit hyperactivity disorder, and over-the-counter Claritin-D allergy medicine.

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