Published on June 17th, 2010 | by Michael J Smith1
Mayfield Asks Judge To Reconsider His Dismissed Case
Jeremy Mayfield’s legal team, headed by Mark Geragos, filed a motion Tuesday night asking a U.S. district judge to reconsider his ruling that dismissed Mayfield’s claims against NASCAR in May. Judge Graham Mullen dismissed Mayfield’s claims on the grounds that he waived his right to sue when he signed driver’s and owner’s agreements with the stock car sanctioning body.
In his May ruling, Mullen wrote:
Plaintiffs (Mayfield) agreed to release Defendants from all claims arising under a negligence theory or otherwise; Plaintiffs thereby waived their right to pursue their claims for defamation, unfair and deceptive trade practices, breach of contract, and negligence. Plaintiffs also failed to allege facts to support each of their claims. … Plaintiffs claims are hereby dismissed.
But Mayfield is arguing, according to SceneDaily.com, is that Mullen made a mistake by allowing NASCAR’s countersuit against Mayfield for breach of contract to proceed while dismissing his suit. The motion also argues that the judge did not give Mayfield the opportunity to amend his complaint to bring claims of wrongful interference with contractual or business relations. It also argues that the correct Florida law was not applied.
Shortly before the case was dismissed, Mayfield’s attorney’s subpoenaed Jeff Gordon and Jimmie Johnson to depose them in regard to sworn statements they made about his lawsuit. It is unclear at this point whether or not they will be deposed in the event that Mayfield’s case is reinstated.
In May 2009, Mayfield was suspended for violating NASCAR’s substance abuse policy. At the time, Mayfield claimed the failed drug test was the result of the combination of a prescribed medicine and an over the counter medicine that reacted together. He later said that the mix was of Adderall RX, which he said he was prescribed for attention deficit hyperactivity disorder, and Claritin. David Black, whose Aegis Labs runs NASCAR’s random testing program, disputed that claim.
Mayfield later sued NASCAR challenging the suspension. He was hoping to get a temporary restraining order that would allow him to return to the track while the suit was ongoing. That request was denied.
In response, NASCAR filed a countersuit against Mayfield accusing him of willfully violating NASCAR’s substance abuse policy, breaching his contract, and defrauding competitors of earnings. The suit contends that Mayfield was under the influence during races, and in those races won more than $150,000 that would have gone to other competitors.
In July of last year, Mayfield was granted an injunction, allowing him to return to the Sprint Cup Series. But he never returned to the track. But less than a month later, NASCAR got Mayfield’s injunction overturned. NASCAR attempted to get Mayfield’s injunction thrown out permanently, but that request was denied in September.
Since then, things were relatively quiet until Mayfield subpoenaed Gordon and Johnson. Shortly after that, his case was dismissed.