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U.S. Court of Appeals Panel Rejects Mayfield’s Appeal

Posted By Michael J Smith On March 28, 2012 @ 3:43 pm In Cup | No Comments

[1]A U.S. Court of Appeals panel has rejected the appeal of Jeremy Mayfield’s lawsuit against NASCAR over a 2009 failed drug test that resulted in his indefinite suspension from NASCAR competition, according to SceneDaily.com [2].

The three judge panel ruled on Monday that U.S. District Court Judge Graham Mullen’s was correct when he dismissed all of Mayfield’s claims against NASCAR.

Judge Roger Gregory wrote:

With respect to the breach of contract and unfair and deceptive trade practices claims, the liability waivers preclude recovery. As for the new defamation allegations and the new additional tort claims, we find that permitting (Mayfield) to amend their complaint would be prejudicial to (NASCAR).

NASCAR issued a statement saying they were pleased with the result.

Mayfield can appeal to all of the judges of the U.S. Courth of Appeals Fourth Circuit. The next step would be an appeal to the U.S. Supreme Court.

Mayfield failed a drug test [3] in May of 2009 and was subsequently suspended indefinitely by NASCAR. He claimed [4] that the positive test result was due to a combination of  prescribed medicine (Adderall) and an over-the-counter medicine (Claritan).

David Black, whose Aegis Labs ran NASCAR’s random testing program and conducted the test, disputed Mayfield’s claim [5]. He called it a “clear violation of policy.”

At the time of the failed test, the substance for which Mayfield tested positive was not made public. As a result, drivers and fans wondered what Mayfield tested positive for. NASCAR eventually called a mandatory drivers meeting [6] to clear up confusion.

Mayfield filed suit [7] to get reinstated, and NASCAR subsequently filed a countersuit [8] claiming Mayfield willfully violated NASCAR’s substance abuse policy. Shortly thereafter, reports began surfacing [9] that Mayfield tested positive for methamphetamine, a claim Mayfield has staunchly denied. An independent lab confirmed Mayfield’s positive test [10].

Eventually, Mayfield won an injunction [11] to return to racing but the damage was already done. Mayfield Motorsports Inc. was being sued by Triad Racing Technologies and BDR Acquisitions [12] over nonpayment for equipment and labor. He was rumored to have sold the team.

Mayfield was also tested again [13] and reportedly failed [14]. NASCAR then won its appeal of Mayfield’s injunction [15] to return to racing, and sought to get the injunction permanently thrown out [16]. They were unsuccessful [17], however.

A little over a year after Mayfield failed the first drug test, Judge Mullen dismissed all of his claims against NASCAR [18]. He asked the judge to reconsider.

Things got worse for Mayfield as he was arrested [19] in November of 2011 for possession of methamphetamines and stolen property. He has been indicted on four felony counts of larceny, three counts of possession of stolen goods and one of obtaining property on false pretenses. His court date for those charges is Apri 2, 2012.

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URL to article: http://lead-lap.com/2012/03/28/u-s-court-of-appeals-panel-reject-mayfields-appeal/

URLs in this post:

[1] Image: http://lead-lap.com/wp-content/uploads/2010/05/mayfield1.jpg

[2] SceneDaily.com: http://www.scenedaily.com/news/articles/sprintcupseries/Jeremy_Mayfield_loses_appeal_to_US_Court_of_Appeals.html

[3] failed a drug test: http://lead-lap.com/2009/05/09/mayfield-suspended-indefinitely-by-nascar/

[4] claimed: http://lead-lap.com/2009/05/11/mayfield-issues-statement-about-suspension/

[5] disputed Mayfield’s claim: http://lead-lap.com/2009/05/11/nascar-drug-tester-disputes-mayfields-claim/

[6] called a mandatory drivers meeting: http://lead-lap.com/2009/05/22/nascar-calls-mandatory-drivers-meeting/

[7] filed suit: http://lead-lap.com/2009/06/02/mayfields-case-moved-to-federal-court/

[8] filed a countersuit: http://lead-lap.com/2009/06/06/nascar-countersues-mayfield/

[9] reports began surfacing: http://lead-lap.com/2009/06/09/mayfield-tested-positive-for-meth-sources-say/

[10] confirmed Mayfield’s positive test: http://lead-lap.com/2009/06/30/independent-lab-confirms-mayfield-test-result/

[11] won an injunction: http://lead-lap.com/2009/07/01/mayfield-wins-injunction-nascar-can-appeal/

[12] sued by Triad Racing Technologies and BDR Acquisitions: http://lead-lap.com/2009/06/17/trt-bdr-acquisitions-suing-mmi/

[13] tested again: http://lead-lap.com/2009/07/09/nascar-mayfield-disagree-on-monday-test/

[14] reportedly failed: http://lead-lap.com/2009/07/16/mayfield-again-tests-postive-for-meth/

[15] won its appeal of Mayfield’s injunction: http://lead-lap.com/2009/07/24/nascar-wins-appeal-of-mayfield-injunction/

[16] permanently thrown out: http://lead-lap.com/2009/07/28/nascar-wants-mayfield-injunction-thrown-out-permanently/

[17] unsuccessful: http://lead-lap.com http://lead-lap.com/2009/09/02/judge-denies-request-to-lift-mayfield-injunction/

[18] dismissed all of his claims against NASCAR: http://lead-lap.com/2010/05/18/judge-dismisses-mayfield-lawsuit/

[19] arrested: http://lead-lap.com/2011/11/02/mayfield-arrested-on-possession-of-meth-charges/

[20] Mayfield May Not Be Telling The Truth: http://lead-lap.com/2009/05/18/mayfield-may-not-be-telling-the-truth/

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