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NASCAR Sprint-Cup Series
CUP: Mayfield Lawsuit Against NASCAR Continues
Jeremy Mayfield says things are going as good as they can be as his lawsuit against NASCAR continues.
Bob Pockrass  | http://www.scenedaily.com  |  Posted January 08, 2010   Charlotte, NC
Jeremy Mayfield says things are going as good as they can be as his lawsuit against NASCAR continues. (Photo: LAT Photographic)

U.S. District Court Judge Graham Mullen says the battle between Jeremy Mayfield and NASCAR over access to the suspended driver’s medical records will have to wait until he can resolve jurisdictional issues, but in the meantime, Mayfield says life remains “as good as it can be.”

During a 15-minute court hearing Thursday, Mullen said he expects NASCAR Chairman Brian France will have to testify before him over whether his residence for jurisdictional purposes is North Carolina or Florida. If Mullen determines that France is a resident of North Carolina, he could rule that North Carolina Superior Court has jurisdiction and not federal court.

“Until that’s resolved, anything the court does is subject to review later if the court doesn’t have jurisdiction,” Mullen said during the hearing.

Mayfield attorney Daniel Marino declined to comment on the issues afterward, and Mayfield wouldn’t talk about the specifics of the case. Mayfield contends that a May 1 drug test that NASCAR says showed positive readings for methamphentaines resulted from his taking a prescription drug to treat attention-deficit hyperactivity disorder and an over-the-counter allergy medicine. He also questions the procedures NASCAR used in determining the results.

“I’ve just been trying to survive, just like anybody else,” said Mayfield, who has had an auction on his property in November to help raise money. “We haven’t sold our house so far [at auction]. It remains as good as it can be.”

Mayfield’s original lawsuit seeking to overturn his suspension was filed in North Carolina state courts in May but was moved to federal courts at the request of NASCAR the day before a preliminary injunction hearing in state court. In that request, France said that while he owns a home in North Carolina, he considers his home in Florida his primary residence. Four days earlier in a claim filed in North Carolina Superior Court involving his former in-laws who were living in a house he owns in North Carolina, France said he was a citizen of both Florida and North Carolina but doesn’t indicate which is his primary residence.

France has submitted his Florida driver’s license and other documents to show his main residence is in Florida. He will be deposed Jan. 19, and his current wife, Amy, and ex-wife, Megan, also will be deposed.

Mullen indicated he would hold a hearing – not yet scheduled – before ruling on the issue. He said that he would consider extending other deadlines (a trial would come in September at the earliest) because of the time it will take to determine the jurisdictional issue.

“Everyone wants to resolve litigation as soon as possible,” NASCAR spokesman Ramsey Poston said. “We will continue to work with the other side, make our case and hope we can expedite this as quickly as possible."

Poston also said it is possible that there could be some changes to NASCAR’s substance-abuse policy this season.

“Any of those changes, if we have any, we’ll announce those as the new season begins,” Poston said. “This is the part of the season where we’re finalizing our [policies]. … We will always update policies and procedures any time there is an opportunity to improve them. I don’t think you’re going to see anything radical.”

SceneDaily.com • Ray Evernham talks about his future and NASCARs future

Barrett-Jackson Scottsdale: Jan 19th-24th
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Bob Pockrass

SceneDaily.com

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