Drug Policy: see the Charlotte Observer for
NASCAR's Drug Policy (pdf) Mayfield's lawsuit (pdf)

Appeals court to listen to Mayfield in drug case: A federal appeals panel in Virginia is set to hear arguments in former stock-car driver Jeremy Mayfield's lawsuit against NASCAR over his suspension for failing a random drug test. Mayfield is asking the 4th U.S. Circuit Court of Appeals to reinstate his lawsuit. A federal judge dismissed the suit, ruling that Mayfield signed documents that waived his right to sue. NASCAR suspended Mayfield in 2009 after he failed a drug test at Richmond International Raceway. He sued NASCAR, its owner and the drug testing company for defamation, unfair and deceptive trade practices, breach of contract and negligence. Mayfield has argued that a combination of over-the-counter allergy medication and the prescription drug Adderall led to a positive test. In November, Mayfield was arrested in North Carolina and charged with possessing methamphetamine.(Associated Press)(1-24-2012)

Lender begins foreclosure proceedings on Mayfield's property: Suspended NASCAR driver Jeremy Mayfield's financial troubles got worse this week as his mortgage lender has begun foreclosure proceedings on his approximately 400-acre property in North Carolina. Mayfield took out a $3.1 million mortgage in July 2006, and his lender alleges that he has failed to make his payments, according to the foreclosure filed Tuesday in North Carolina Superior Court in Newton, N.C. That has resulted in the lender, Carolina Farm Credit, to call on Mayfield to pay the balance of $2.387 million plus more than $340,000 in interest and fees, according to the filing. A hearing on the foreclosure is set for Feb. 7.(more at SceneDaily) and see past news on the Jeremy Mayfield page.(12-15-2011)

Mayfield gets court date in quest against NASCAR: Jeremy Mayfield's next day in court – against NASCAR – is set for Jan. 24 in the U.S. Court of Appeals in Richmond. A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit will hear the appeal. The panel will decide whether Mayfield has enough evidence for the case to continue. Neither NASCAR nor Mayfield will know which appeals court judges will hear the case until the morning of the hearing. Mayfield has not competed in NASCAR since the May 2009 drug test, which Mayfield claims was a false positive resulting from a combination of prescription medication for adult-deficit hyperactivity disorder and over-the-counter allergy medication. U.S. District Court Judge Graham Mullen dismissed Mayfield's claims in May 2010, ruling that Mayfield could not sue because of waivers that he had signed in order to compete in Cup. The judge also questioned the strength of Mayfield's evidence.(SceneDaily)(12-2-2011)

Mayfield was seen at trucking company where trailers were stolen: [former Sprint Cup driver] Jeremy Mayfield was spotted in the cab of a tractor trailer and some of the furniture stolen from the trucking company where he was seen has ended up in his home, a police search warrant says. Police raided the former NASCAR driver's home on Nov. 1 after they got a tip that stolen items were there. They found some meth and Mayfield was later indicted on a felony drug charge. The police also found $100,000 worth of stolen items – and now a trucking company says that furniture they had was found in the stolen loot, according to a search warrant. The incident involving Mayfield happened at 3 am on Feb. 26 when a tractor trailer -- without a trailer -- was parked in the rear lot of Anderson Truck Lines in Hudson, the warrant says.(see more at wbtv.com and Hickory Daily Record, and see search warrant here - pdf file)(11-17-2011)

Mayfield indicted on drug charges: A week after a raid at his home that deputies say turned up meth, 69 guns and $100,000 in stolen goods, Jeremy Mayfield has been indicted by a grand jury on drug charges. Mayfield, a former NASCAR driver, was indicted by the Catawba County grand jury on Monday for felony possession of methamphetamine. Deputies say they found 6 baggies of meth in his home during a search they did on Nov. 1 for stolen goods. Although they say they found stolen property in the home, Mayfield was not charged with possession of stolen property or any charges other than drugs. About $100,000 worth of stolen merchandise was found on Mayfield's property. Police are working now to figure out if Mayfield knew the items were stolen and he had something to do with it. The Sheriff's Office says there are 69 guns that have been logged and are still waiting to see if any are stolen. In addition to these potential theft charges, Mayfield is also facing tax problems. Catawba county tax officials say Mayfield owes more than $82,000 in back taxes on his four properties. Authorities say he is one step from foreclosure. No word when or if theft charges will come for Mayfield. Investigators say that will be up to the District Attorney. Mayfield is due in court on Nov. 14 at 9 a.m.(WBTV)(11-7-2011)

Mayfield arrested on meth charges: UPDATES: Authorities say NASCAR driver Jeremy Mayfield was arrested Tuesday night on drug charges. Mayfield was arrested in his home in the town of Catawba on possession of methamphetamine charges, according to the Catawba County Sheriff's Office. Deputies had gone to Mayfield's home to execute a search warrant on a tip there were stolen goods in the house. During the search, deputies found the methamphetamine. They also found items that may be stolen but deputies have not verified the items taken are in fact stolen property. Mayfield has a scheduled court appearance Wednesday morning. His is out of jail on a $3,000 bond.(WBTV)(11-2-2011)
UPDATE: A "large amount" of stolen goods were recovered from Mayfield's property, according to the Lincoln County Sheriff's Office. Detectives said they recovered items that had been stolen from Lee Boy, Inc., which is located on Highway 16 north, and Larry Grant, Inc., a trucking company in Lincolnton. The items recovered for Lee Boy, Inc., included heavy equipment parts, scrap metal, welders and welding accessories, the Sheriff's Office said. Investigators said the items recovered for Larry Grant, Inc., including truck parts, an engraving machine, truck mirrors and electric motor controllers. The items recovered are worth around $100,000, the Sheriff's Office said. They were found in a building and trailers on Mayfield's property and were returned to the owners, investigators said.(WSOC)(11-2-2011)
UPDATE 2: Statement from NASCAR: "Having just heard and read the news about the Jeremy Mayfield incident, we will have to see how the facts play out. NASCAR's goal in its Substance Abuse program has always been to keep competitors safe and create treatment opportunities for those who need it."(11-2-2011)
UPDATE 3: Jeremy Mayfield's attorney says Mayfield had no knowledge of the stolen items nor the methamphetamine found on his property that lead to his arrest Tuesday. Mayfield attorney Daniel Marino issued a statement Tuesday night: "Last evening, the Catawba County Sheriff's Department conducted a search at the home of Jeremy Mayfield," the statement said. "Mr. Mayfield understands that the purpose of the search was to seize allegedly stolen property and that the investigators claim to have seized methamphetamine from his home. Mr. Mayfield has no knowledge of either stolen property or methamphetamine being present on his property and denies the accusation that he was in possession of methamphetamine or any other illegal drug and he denies any suggestion that he knowingly received or possessed stolen property." Marino also represents the former NASCAR driver in his lawsuit against NASCAR over his suspension for a May 2009 failed drug test. Marino's statement Tuesday indicated that Mayfield is cooperating with authorities. Mayfield's next court date on the drug charge is scheduled for Nov. 14. "This search was prompted by what the evidence will show were baseless allegations by an unreliable source," the statement said. "Mr. Mayfield and his attorneys are cooperating with the authorities and they look forward to this matter being resolved quickly. In the meantime, Mr. Mayfield asks that the public reserve its judgment on this matter."(Scene Daily)(11-3-2011)
UPDATE 4: A confidential source told authorities that Jeremy Mayfield was stealing to support his drug habit. A search warrant obtained by Eyewitness News says the source knew specific details about reported break-ins and thefts and said Mayfield was involved in it all and that all the stolen property would be found at his home. On Monday, police seized hundreds of items -- mostly tools, metals and machinery -- worth $100,000. They also said they found 1.5 grams of meth and a meth pipe. The confidential source said he or she watched Mayfield purchase and consume meth "over 500 separate times," saying Mayfield stole to support his drug habit. Deputies will likely go in front of a grand jury on Monday, hoping to add charges of possessing stolen property.(WSOC) The complete arrest warrant is available on the WSOC website (PDF file).(11-3-2011)

Mayfield appeal tentatively set for Nov. 8: UPDATE: The U.S. Court of Appeals has set a tentative date of Nov. 8 for Jeremy Mayfield's legal challenge to NASCAR's ruling that he tested positive for methamphetamines in May 2009. Attorneys for Mayfield and NASCAR were notified of the tentative Nov. 8 date Wednesday and have until Monday to ask for a different date. The appeal will be heard by a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit, which is based in Richmond, Va., but will actually conduct the Nov. 8 hearing at the Campbell University School of Law in Raleigh. Typically, a decision comes a few months after the hearing. The three-judge panel will decide whether Mayfield has enough evidence for the case to continue.(Scene Daily)(8-11-2011)
UPDATE: A day after tentatively setting a Nov. 8 hearing date for Jeremy Mayfield’s appeal in his case against NASCAR, the U.S. Court of Appeals took the case off that session and said it will set the hearing for another day. The court indicated that Mayfield’s appeal was taken off the Nov. 8 session because of “scheduling reasons.” It wasn’t immediately clear whether it was attorneys for NASCAR or Mayfield who asked for the change.(Scene Daily)(8-12-2011)

NASCAR appeal claims Mayfield trying to avoid responsibility: NASCAR says Jeremy Mayfield's legal appeal to his suspension for a failed drug test is an "attempt to entirely avoid any responsibility for, or consequence from, testing positive for methamphetamine," according to its response filed Monday in federal appeals court. Mayfield, who claims in court documents that his May 2009 drug test was a false positive from a mixture of over-the-counter allergy medication Claritin-D and the prescription medication Adderall for attention-deficit hyperactivity disorder, is suing NASCAR for breach of contract, unfair trade practices and defamation. U.S. District Court Judge Graham Mullen ruled in NASCAR's favor in May 2010, and after having requests for Mullen to reconsider the ruling denied, Mayfield filed his appeal last month.(full article at SceneDaily)(4-26-2011)

Mayfield's Dogs Attack Mail Carrier: When a mail carrier tried to deliver a package too big for Jeremy Mayfield's mailbox, she tried to drop it off at the home's front door, but when she went to the house, police say she was attacked by five dogs. The pit bull-lab mix dogs are currently in quarantine at the Catawba County Animal Shelter. Firefighters said it was at former NACSAR driver Jeremy Mayfield's home where mail carrier Mary Bolton was attacked. Firefighters said she was hospitalized with bite marks and cuts all over her legs, arms and shoulders. Neighbors were stunned to hear news of the attack. Police have confirmed that Mayfield came outside to intervene, scooping up the badly injured carrier and taking her back inside the home. The police chief in Catawba said the dogs are being quarantined for ten days because he is not sure they are up to date on rabies shots. No decision has been made yet on what will happen to the dogs or if anyone will face charges.(WSOCtv.com)(4-23-2011)

Mayfield claims NASCAR forced SPEED to edit interview: Jeremy Mayfield accused NASCAR of forcing the SPEED Channel to edit Mayfield's one-on-one interview with Steve Byrnes. Mayfield said, " I had a great interview with the SPEED Channel about a month ago with Steve Byrnes, the best one ever. It was going to be great! I couldn't wait for them to air it. It was honest. From his point of view, he was asking me honest questions that I could answer, he wasn't trying to set me up...everything was great - and then NASCAR gets wind of it. Paul Brooks (from NASCAR) calls the President of the SPEED Channel and says, "If you air this show with Mayfield on it, it's going to jeopardize our relationship." So, they took out everything I said, anything that amounted to anything at all - took it all out and basically made me look like an idiot on TV like I wasn't saying anything."(Captain Thunder)(4-13-2011)

Jeremey Mayfield files appeal: Jeremy Mayfield has reiterated claims that NASCAR Chairman Brian France disliked him and that NASCAR either fabricated the results of a May 2009 drug test or should have known the likelihood of inaccurate results, according to Mayfield's appeal in his long-running federal lawsuit against NASCAR. Filed late Tuesday night with the U.S. Court of Appeals, Mayfield's appeal challenges the May 2010 ruling in favor of NASCAR and asks that the case be re-opened, allowing more time for investigation by the parties and proceeding toward trial. NASCAR has until April 25 to respond to the appeal, and Mayfield will have two weeks to respond to NASCAR's brief. The appeals court - the Fourth Circuit, based in Richmond, Va. - will not hold hearings from June-August, so the earliest the appeals judges would hold a hearing likely is late September, with a decision on the appeal not coming for at least another month.(Scene Daily)(3-24-2011)

Mayfield apologizes to step mother....more: Jeremy Mayfield told Sirius NASCAR Radio’s Sirius Speedway with Dave Moody that he apologized to his former stepmother, Lisa Mayfield, because, “it was the right thing to do.” The suspended NASCAR driver issued a public apology to Lisa Mayfield Tuesday, settling a slander suit she filed against him in Iredell County, NC, in 2009 after he accused her of complicity in the death of his father two years earlier; a death that has officially been ruled a suicide. "I have previously made statements to the press in which I accused Lisa Mayfield of either murdering my father, Terry Mayfield, or being involved in a conspiracy to murder him," Mayfield wrote. “Those statements were made in the heat of my emotional state at the time. I now retract those statements and apologize to Lisa for having made them." In an exclusive Sirius Speedway interview, Mayfield said he was anxious to set the record straight and bring an end to the litigation involving his former stepmother. “We’ve been in a legal battle, (but) we got everything straightened out today,” he said. “I felt like it was the right thing to do, to put this behind us and move forward; get all this junk out of our lives, keep moving forward and not look back. We wanted to focus on just the NASCAR stuff… and leave all that other junk behind us. That’s what we’ve done.”(see full article at Sirius Speedway) and see the official statement by Mayfield at the Charlotte Observer.(2-9-2011)

Mayfield emerges, planning new business venture: Jeremy Mayfield made an appearance on Speed Channel’s “Race Hub’’ show Tuesday night. It was the first time Mayfield has spoken publicly in a while. With an appeal against NASCAR in the courts, there wasn’t much Mayfield could say about his battle with the sanctioning body over his failed drug test in May 2009. Mayfield did say he’s looking to start a metal recycling business and talked about maybe doing some dirt racing in the South. Here’s more of what Mayfield said on the show in his interview with Steve Byrnes, who noted afterward that there were more questions that Mayfield could not answer because of pending litigation against NASCAR.
On what he’s been up to, Mayfield said:
“Little bit of everything. We’ve been, obviously, in the battle with NASCAR in the court and everybody knows that. As far as personally, taking care of stuff around the house and trying to figure out what I’m going to do next, what direction I’m going in and as far as career-wise, just a lot of things are going on and just trying to make decisions on what we are going to do. For the most part, trying to stay busy around the farm or whatever. Kind of in the process of opening up a new business, kind of like the metal recycling business. Really excited about that. Other than that, just taking it day by day.’’
Mayfield’s reaction to reaction of fans from those who are on his side to those who aren’t:
Mayfield: “I’ve seen a lot of people with mixed emotions. I didn’t want to be a part of this. I’m just letting everybody know that. I didn’t want to be in a lawsuit. I didn’t want to go out in my career like this. I didn’t want any of this happen either.’’
You have been a punchline, is it hard for you to sit back and take it?
Mayfield: “Everyday. It was hard for me to come here today and I appreciate you all having me on the show, but it’s hard for me to come here because I fight this urge to, I got a lot of things I want to say that I can’t obviously because of the litigation because I don’t want to get into any more trouble or whatsoever by what I’m saying. It’s just hard because when you’re in this situation there’s a lot of anger now and things that could come out that wouldn’t be good for either one of us. It’s tough when you walk around everyday and you get the chance to finally tell your side of the story, there’s so much more to it that you could tell that would really enlighten a lot of things that you just can’t tell.’’
Mayfield was asked when will this all be over:
Mayfield: “I don’t know. It’s probably going to be a long time now because of the appeal process could take a year or a year and a half or whatever. Again, I’ve come to grips with myself and my wife and our families and we’ve come to the grips that it’s going to be a long time and we’ll have to endure that.’’
Will you race again?
Mayfield: “I can race. I can’t race in NASCAR seriously. I’m thinking real hard about doing some dirt races with a dirt team we’re trying to put together. We’re not sure yet. I want to race. I’d love to go IndyCar racing if I could do that. I’d love to go drag racing if I could do that. But I want to do it the right way. I don’t want to struggle anymore. It’s got to be the right situation to do it. I’ve just been kind of waiting. I just don’t know what I want to do yet.’’
You’ve been low profile lately:
Mayfield: “I wish it never happened. I wish I could continue on with what we had going on with the team and still be back in the sport. I’ll take it as it comes. All the race fans out there, I miss all my fans, I miss going to the race track. My wife misses traveling also. We just miss the daily deal going on. We’ll make it through. It could be worse.’’(Virginian Pilot)(2-2-2011)

Mayfield on Race Hub tonight: Jeremy Mayfield, suspended by NASCAR for failing a drug test that NASCAR says was positive for methamphetamines and involved with a lawsuit over the suspension and drug tests, is scheduled to appear on SPEED's NASCAR Race Hub, Tuesday, Feb. 1st. The show is scheduled to air at 7:00pm/et with a 2:00am/et re-air.(2-1-2011)

Mayfield’s stepmother says he supplied meth to his father: The father of suspended NASCAR owner/driver Jeremy Mayfield obtained crystal methamphetamines from his son, and when their relationship soured, Jeremy stopped providing the drug for his father, Jeremy’s estranged stepmother Lisa Mayfield said in a lawsuit deposition. Jeremy Mayfield, who is also suing Lisa Mayfield for defamation as part of a counterclaim to a slander suit she filed against him, has asserted in documents filed as part of that lawsuit that Lisa Mayfield has lied about his use of methamphetamines. He reiterated that in a statement Monday.(Scene Daily)(1-4-2010)

Mayfield will appeal drug case: Suspended driver Jeremy Mayfield, as expected, will appeal a judge’s decision that ruled in favor of NASCAR in his lawsuit over a May 1, 2009, drug test that he says was a false positive for methamphetamines. Mayfield filed the notice of appeal last Thursday in federal court and has 40 days to file the actual argument for his appeal. Depending on how quickly briefs are filed in the case, a hearing could come in May in Richmond, Va., but more than likely it will come no earlier than September. U.S. District Court Judge Graham Mullen ruled 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.(Sporting News)(12-28-2010)

Judge refuses to reopen Mayfield case against NASCAR: 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.(in part from SceneDaily)(12-14-2010)

NASCAR, Evernham dispute Mayfield allegation: NASCAR says there is no evidence of a black flag issued to Jeremy Mayfield during the 2006 Brickyard 400 and that Ray Evernham, who owned the team Mayfield drove for at the time, was the one who ordered him to park his car during the race, according to a court filing Wednesday. The filing came in response to Mayfled's claim last week that NASCAR Chairman Brian France had him black-flagged in the race at Indianapolis Motor Speedway. Mayfield made that claim in asking U.S. District Court Judge Graham Mullen to reconsider a May 2010 ruling that dismissed his lawsuit against NASCAR over a May 1, 2009, drug test that NASCAR says was positive for methamphetamines. The allegation surrounding the 2006 race at Indy comes in part from declarations of France's former in-laws, whom France sued last year when trying to evict them from a home he owned. NASCAR uses Mayfield's 2006 lawsuit against then-team owner Evernham as corroborating evidence that the black-flag story is false. Mayfield filed suit in the days following the Indy race after Evernham fired him. In none of those documents does Mayfield say he was black-flagged by NASCAR. In affidavits filed with NASCAR's response Wednesday, Evernham and then team director (crew chief) Chris Andrews said no one from NASCAR asked them to pull the car from the track. In affidavits filed by Mayfield, both of France's former in-laws say that France, after drinking scotch while in California to be with his pregnant wife during the race, called NASCAR President Mike Helton in the control tower at Indy and asked that Mayfield be black-flagged. When Mayfield got to the pits no NASCAR official ever looked at the car, Mayfield alleges. In its filing Wednesday, NASCAR produced travel records and hotel records indicating that France was in Orlando that day, not California.(Scene Daily)(10-7-2010)

NASCAR wants to dismiss Mayfield countersuit to speed up appeal: NASCAR wants to dismiss its breach-of-contract and fraud claims against Jeremy Mayfield to help speed up the appeal in Mayfield's lawsuit against the sanctioning body over a May 1, 2009, drug test that NASCAR says was positive for methamphetamines. A U.S. District Court judge in Charlotte ruled in May that Mayfield, who has said he did not use methamphetamines, did not have a case against NASCAR and ruled in favor of NASCAR without the case going to trial. Mayfield has been unable to appeal that decision because NASCAR's countersuit - which alleges that by racing while violating the substance-abuse policy, Mayfield breached the contract he signed to compete in NASCAR - is still pending with a trial scheduled for July 2011. NASCAR had asked the court Sept. 10 to suspend the proceedings in its countersuit so an appeals court can rule on the decision to dismiss Mayfield's allegations. But, according to court documents filed by NASCAR on Thursday, Mayfield plans to oppose the suspension of NASCAR's countersuit and Mayfield has asked for a variety of documents and depositions to gather information to support its request. NASCAR has now decided to dismiss its countersuit against Mayfield in order to move the appeals process forward and to avoid additional interrogations and document production.(Scene Daily)(9-24-2010)

Mayfield recounts Chase miracle, talks about future MORE: Jeremy Mayfield's mind was on making a delivery, far away from what's happening in the Sprint Cup Series, as he maneuvered his big truck through the back roads of Georgia. It's part of what Mayfield does these days between planning a comeback in racing and battling NASCAR in court. But Mayfield understands the desperation felt by Ryan Newman, who is 117 points out of the final Chase spot heading into Saturday night's regular-season finale at Richmond International Raceway. He gets it when Jamie McMurray, the next driver back at 128 out, says he can't do anything more than he's done all season. Before Mayfield became NASCAR's poster boy for drug suspensions last season, he was the poster boy for Chase miracles. "The whole week going into it we could have very easily have just said it was over," Mayfield recalled as his cell phone phased in and out. "We knew it was a long shot to make it. But it was just so cool, because we all remained calm and were willing to do what we had to do, and everything fell together. It's what everybody dreams about, where your car is awesome, the calls are good and everything goes your way. It was almost like a miracle happened for you."
Mayfield hasn't kept up much with what has happened this season. Other than knowing there's not much drama heading into this weekend barring a miracle twice the one he had, his focus has been on getting his life back in order. He has a few racing deals in the works, one that could put him in a dirt-track car for some late-season, big-money events and another that could put him in an open-wheel car next season. Mayfield's battle with NASCAR is about to heat up again, too, as he plans an appeal if he loses the lawsuit the governing body has against him. See full story and many quotes by Mayfield at ESPN.com.(9-10-2010)
MORE: NASCAR and Jeremy Mayfield met Wednesday [Sept 8th] in court-ordered mediation and were unable to come to a settlement over their issues surrounding a May 1, 2009, drug test that NASCAR says was positive for methamphetamines, according to a court filing Friday by NASCAR. A U.S. District Court judge in Charlotte ruled in May that Mayfield, who has said he did not use methamphetamines, did not have a case against NASCAR and ruled in favor of NASCAR without the case going to trial. NASCAR’s countersuit against Mayfield for fraud and breach of contract is still pending with a trial scheduled for July 2011, and the two sides met in mediation Wednesday. With no settlement, NASCAR has now asked that the court allow Mayfield to file an appeal with the U.S. Court of Appeals and have that appeal decided before NASCAR’s counterclaim proceeds.(in part from SceneDaily)(9-13-2010)

Mayfield vs. NASCAR could continue into 2011: Jeremy Mayfield’s quest to make NASCAR pay for what he says was a drug test that was a false positive for methamphetamines likely will stretch well into 2011. Mayfield, whose claims against NASCAR were dismissed by a U.S. District Court judge in May, must first defend himself against a countersuit by NASCAR before appealing the decision to throw out his claims. NASCAR claims that Mayfield breached his contract with NASCAR for competing while in violation of its substance abuse policy.
According to a revised schedule filed Wednesday in U.S. District Court in Charlotte, motions for summary judgment must be filed by Feb. 4, 2011. Those would have to be ruled on before any trial begins, meaning that it likely will be next spring, at the earliest, before that portion of the case could go to trial. Once a decision on NASCAR’s counterclaim is made by either the judge or a jury, the appeals process likely would proceed throughout 2011. Mayfield will meet with NASCAR on Sept. 8 in mediation to try to settle NASCAR’s breach-of-contract claim against him. Whether Mayfield could pay any claims is questionable. He has judgments of $874,000 against him and Mayfield Motorsports for unpaid bills and taxes.(in part from SceneDaily)(8-28-2010)

Judge denies Mayfield request to reverse decision: U.S. District Court Judge Graham Mullen, who in May dismissed Jeremy Mayfield’s claims against NASCAR over a May 2009 drug test that NASCAR said was positive for methamphetamines, issued a ruling Thursday denying a request from Mayfield to vacate the decision. Mullen had ruled in May that Mayfield had waived most of his rights to sue NASCAR when he signed the NASCAR-driver agreement and NASCAR-owner agreement. He also indicated that Mayfield did not have enough evidence to support his claims. “Plaintiffs [Mayfield] have repeatedly asserted that they can and will bring viable claims of tortious interference with contractual or business relations, but have yet to state a single example as to how they will do this or submit a proposed amended complaint,” the judge wrote in his decision released Thursday. “Plaintiffs maintain in their motion they are ‘confident’ that they can bring valid claims for tortious interference unrelated to NASCAR’s substance abuse policy, yet in their next sentence Plaintiffs state that these ‘causes of action must involve implementation of the policy. The logical inconsistencies in Plaintiffs’ arguments are further compounded by the fact that they propose no specific amendments to their prior claims and have not shown how any amended complaint would remedy the many other deficiencies that caused the Court to dismiss Plaintiffs’ claims. As Plaintiffs have failed to hint at any additional allegations upon which relief could be granted, granting Plaintiffs’ leave to amend will be an exercise in futility.”(Scene Daily)(8-12-2010)

Mayfield's suit vs. NASCAR dismissed: A federal judge on Tuesday dismissed Jeremy Mayfield's lawsuit against NASCAR, a ruling that presumably ends the yearlong saga surrounding the first Sprint Cup driver suspended for failing a random drug test. U.S. District Judge Graham Mullen in Charlotte, N.C., ruled that Mayfield had twice waived his rights to pursue any claims against NASCAR when he signed documents both as a driver and as an owner to participate in the stock car series. "Plaintiffs thereby waived their right to pursue their claims for defamation, unfair and deceptive trade practices, breach of contract, and negligence," Mullen wrote in his decision. "Plaintiffs' claims are hereby dismissed."
"The U.S. District Court's ruling is a powerful acknowledgement and affirmation of NASCAR's rulebook and its ability to police the sport," NASCAR spokesman Ramsey Poston said in a statement. "NASCAR has been very clear with its competitors as to its policies and what is expected of them." Mayfield's wife, Shana, said the couple had no comment on the ruling, which can be appealed only after NASCAR's suit against Mayfield is resolved. She said attorney Mark Geragos would speak on their behalf. Geragos' voice mailbox was full, and he did not immediately respond to an e-mail request for comment. Mullen's ruling Tuesday was in response to a motion NASCAR made last November to dismiss the suit based on pleadings already submitted. There was no hearing.(ESPN)(5-18-2010)
NASCAR Statement on Dismissal of Mayfield Suit: “The U.S. District Court’s ruling is a powerful acknowledgement and affirmation of NASCAR’s rulebook and its ability to police the sport. NASCAR has been very clear with its competitors as to its policies and what is expected of them. NASCAR’s comprehensive substance abuse policy, which is among the best and toughest in all of sports, serves the safety of our competitors and fans.” Ramsey Poston, NASCAR Public Relations.(5-18-2010)

IRS files lien against Mayfield: Jeremy Mayfield’s lawsuit against NASCAR isn’t his only legal issue, and if NASCAR seems like a giant to go up against, Mayfield has two even bigger entities taking action against him: The Internal Revenue Service and the North Carolina Department of Revenue. The IRS has filed a lien on property owned by Mayfield and his wife, Shana, for unpaid income taxes totaling $231,139 – $214,108 for 2008 and $17,031 for 2006. The North Carolina Department of Revenue filed a delinquent income tax notice with Mayfield for $65,932 – $62,379 for 2008 and $3,553 for 2006. The unpaid taxes were listed at $56,430 with a total of $10,502 in fines and fees. The tax documents were filed in North Carolina Superior Court in Newton, N.C. The IRS lien was filed March 29, while the North Carolina tax notice was filed Feb. 15.(Scene Daily)(4-7-2010)

Mayfield lawsuit to remain in federal court: Jeremy Mayfield's lawsuit against NASCAR will remain in federal court, U.S. District Judge Graham Mullen ruled Tuesday. The case, stemming from a drug test last May that NASCAR says was a positive for methamphetamine but Mayfield says was a mix of over-the-counter and prescription medication, has been at a virtual standstill since January in order to resolve jurisdictional issues. Now that Mullen has ruled that he has jurisdiction in the case, he can now make decisions on disputes over discovery issues as well as a NASCAR motion to decide the case based on pleadings without any additional discovery. A trial in the case would not begin until Sept. 13 at the earliest.(Scene Daily)(4-6-2010)

Mayfield's stepmother wants to depose reporter: Jeremy Mayfield's stepmother wants deposition from ESPN reporter in lawsuit against her son. Lisa Mayfield's attorney wants to take a deposition from ESPN.com reporter David Newton in her defamation lawsuit against her estranged stepson, NASCAR driver and former team owner Jeremy Mayfield. Lisa Mayfield had to ask the court for approval to take the deposition out of state in the case, which was filed last July in North Carolina Superior Court. "ESPN reporter David Newton and ESPN are essential and material witnesses to the facts and circumstances involved in this cause of action," Lisa Mayfield's attorney wrote in the request to take the deposition in Connecticut, where ESPN is based. An ESPN spokesman said the network has not been served with a subpoena in the case and therefore had no comment.(Scene Daily)

Mayfield's files motion to move case; for NASCAR to pay attorney fees: There's a lot of politicking going on in Jeremy Mayfield's case against NASCAR and both sides recently filed court documents hoping to sway the judge on an upcoming decision that could be pivotal. Included in those documents is a motion by Mayfield's side to move the case back to state court and for NASCAR to pay for Mayfield's attorney fees that were related to this issue alone. Based on court documents, Mayfield's attorney fees were listed at nearly $70,000 on just this issue. NASCAR filed paperwork that the case remain in federal court. Remember that Mayfield's former attorney, Bill Diehl, filed a lawsuit in November claiming that Mayfield owed Diehl's law firm at least $371,973.66, plus attorney fees, interest and late charges. Diehl's firm represented Mayfield from May until October when Mayfield hired attorney Mark Geragos.
Earlier this month, an evidentiary hearing was held in U.S. District Court Judge Graham Mullen's court room. At issue is where is NASCAR Chairman Brian France's residence. Judge Mullen has not yet issued his decision. For this case (remember this is about Mayfield challenging NASCAR over a failed drug test) to be in federal court, both parties have to be from different states. Mayfield claims residency in North Carolina and France claimed it in Florida. In the motion on behalf of Mayfield, his side said that along with the case being moved back to state court, NASCAR should pay Mayfield's just costs and actual expenses, including attorney fees as a result of Defendant's removal ... i.e. what it cost Mayfield in attorney fees and such in fighting this issue (this is not for the total in attorney fees Mayfield has racked up).
Based on that, this is what Mayfield's attorneys listed as its fees to Mayfield. Mark Geragos stated that through Feb. 18, his firm had devoted approximately 33 hours of attorney time at a charge of $29,800. Geragos stated he had spent 15.8 hours on the case at a rate of $1,000 an hour. Another attorney at his firm had spent 28 hours on the case at a cost of $500 an hour. Geragos also stated that his firm had incurred total expenses of $7,971.35 in connection with the jurisdictional issues in this case.
Attorney Daniel Marino stated that his firm had devoted approximately 150 hours at a cost of $35,760 in attorney fees to the jurisdictional issues presented in this case. Marino listed his billing rate at $550 per hour for 26.8 hours. An associate who also worked on the case for 12.7 hours has a billing rate of $350 and a law clerk who worked on the case for 110.5 hours has a billing rate of $150 an hour. That added up to $35,760. Marino also stated that his firm had incurred total expenses of $1,147.50 in connection with the jurisdictional issues in this case, all of which reflect travel expenses related to the Feb. 4 evidentiary hearing.
Attorney James Maxwell also worked on the case for Mayfield with a billing rate of $350 an hour for 10.75 hours. A paralegal worked on the case at a billing rate of $100 an hour for 1.7 hours. For a total of $3.932.50. Also the firm incurred $146 in jurisdictional costs related to the Feb. 4 hearing.(Virginian Pilot)(2-21-2010)

Latest on Mayfield vs. NASCAR lawsuit: 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.”
“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)(1-8-2010)

Mayfield says NASCAR’s conduct was intentional and reckless: Attorneys for suspended driver Jeremy Mayfield say NASCAR is trying to ignore issues raised by him and is attempting to distort Mayfield's claims in an effort to avoid responsibility for its actions. Mayfield's legal team filed the response late Monday to NASCAR's request that U.S. District Court Judge Graham Mullen rule in favor of the sanctioning body based on the pleadings already held and without the continuation of an investigation by the attorneys and possibly a trial. Mayfield's filing argues that he has shown enough evidence to bring these claims:
• In response to NASCAR's assertion that he has waived his right to sue because of waivers that are part of the NASCAR-driver agreement, Mayfield stated that those releases don't hold up because this is a case where NASCAR was grossly negligent in conducting its drug-testing policy.
• In its defamation claim, Mayfield disputed the NASCAR assertion that sanctioning body Chairman Brian France had no reason to doubt the test results so his comments when suspending Mayfield cannot be considered defamation. Mayfield alleges that France and Black should have known that the combination of Adderall and Claritin-D could result in a false positive for methamphetamine use.
• NASCAR stated in its request that Mayfield is not an employee but an independent contractor and therefore cannot be considered to having been discriminated against for having ADHD. Mayfield stated in the filing Monday that he can be considered an employee in this situation because NASCAR retained the right to control and detail his activities on the race track, had promotional rights to his name, owned the broadcast rights, required where logos were placed and specified media obligations.
• Addressing the charge of unfair and deceptive trade practices, Mayfield argued the fact that there is no definitive list of drugs banned by NASCAR as among the reasons its policies are unfair.
Both sides get to file responses one more time before the judge considers the motion to dismiss Mayfield's case.(SceneDaily)(12-8-2009)

NASCAR-Mayfield case to continue: A U.S. District Court judge has turned down NASCAR’s request to halt the pre-trial discovery phase in a lawsuit brought against the sanctioning body by suspended driver Jeremy Mayfield. NASCAR had asked for the suspension of the investigative phase of the case until a judge can rule on a NASCAR motion for a judgment based on pleadings already submitted. The decision, issued Monday by U.S. District Court Judge Graham Mullen, means that depositions and production of documents will not be delayed because of the NASCAR request. The judge still needs to rule on the motion for judgment itself. In another ruling issued Monday, the judge set the date for a deposition of NASCAR Chairman Brian France for Jan. 19. The judge also ruled as moot requests by NASCAR and France’s ex-wife Megan France, that they not be forced to produce documents under seal in litigation between her and Brian because Mayfield’s attorneys indicated they would not seek those documents. He did grant a motion stipulating that in Megan France’s deposition, she cannot be asked about the documents in that lawsuit or about the divorce agreement (SceneDaily). See past news on the lawsuitre and suspension on the #41 Team News and Links page and Drug Policy page.(12-8-2009)

Brian France submits primary residence documents in Mayfield case: NASCAR Chairman Brian France has submitted a copy of his Florida driver’s license, two Florida vehicle registrations, a copy of his voting record in Florida and a copy of his 2008 federal tax return in an effort to prove to the U.S. District Court that his primary state citizenship is in Florida. The documents were submitted Tuesday in response to a court filing on behalf of suspended driver Jeremy Mayfield that claims that France misrepresented his primary residence to have the suspended driver’s lawsuit moved to federal court and delay an injunction hearing. The documents are heavily edited to just show that France lived in Daytona Beach. The location of France’s primary residence became an issue in the lawsuit filed by Mayfield, who was suspended by NASCAR for a May 1 drug test that NASCAR says was positive for methamphetamines. Mayfield contends that the positive finding 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.(in part from SceneDaily)(12-2-2009)

Lawyer files suit against Mayfield: Attorney Bill Diehl filed a lawsuit Wednesday against suspended Sprint Cup driver Jeremy Mayfield for unpaid legal fees. According to the lawsuit, filed in Mecklenburg County, N.C., Mayfield owes Diehl's Charlotte-based law firm at least $371,973.66, plus attorney fees, interest and late charges. Mayfield hired Diehl in May shortly after being indefinitely suspended by NASCAR for violating the organization's substance abuse policy. It was revealed in court that Mayfield tested positive for the illegal drug methamphetamines. Mayfield left Diehl in October and hired attorney Mark Geragos. The suit claims that Diehl's repeated attempts to collect payment from Mayfield were ignored. Diehl, who makes $1,000 an hour, told ESPN.com last month at Talladega Superspeedway that he hadn't been paid.(ESPN)(11-26-2009)

Injunction dropped at Mayfield’s request: The U.S. District Court judge who initially granted an injunction that lifted driver Jeremy Mayfield’s suspension for what NASCAR says was a May 1 drug test that was positive for methamphetamines has rescinded the injunction at Mayfield’s request. U.S. District Court Judge Graham Mullen vacated the injunction in a three-sentence ruling Monday. Mayfield never did get back on the track after obtaining the July 1 injunction that lifted his May 9 suspension. The U.S. Court of Appeals granted NASCAR’s request for a stay of the injunction July 24, and Mayfield has been suspended since then and has sold his team. Mayfield then requested that the injunction be permanently dropped so the case can move quickly. The earliest a trial would be is September 2010, and the only consequence for not having the injunction is that Mayfield would not be able to race in NASCAR until a decision is made at trial. Last week, NASCAR filed a motion it hopes will end Mayfield’s lawsuit by asking Mullen to rule on the filings instead of there being more investigation into the issues. Mayfield has yet to file a response to that motion, but his attorney has called that motion a desperate move.(SceneDaily)(11-24-2009)

NASCAR asks judge to make ruling on Mayfield case: The legal jockeying in the Jeremy Mayfield-NASCAR case continued Tuesday as the sanctioning body requested that U.S. District Court Judge Graham Mullen should rule in its favor based on the pleadings that already have been filed and without the two sides continuing to investigate the issues. NASCAR filed its motion Tuesday in U.S. District Court in Charlotte.(see full story at SceneDaily)(11-18-2009)

Injunction dropped at Mayfield’s request: The U.S. District Court judge who initially granted an injunction that lifted driver Jeremy Mayfield’s suspension for what NASCAR says was a May 1 drug test that was positive for methamphetamines has rescinded the injunction at Mayfield’s request. U.S. District Court Judge Graham Mullen vacated the injunction in a three-sentence ruling Monday. Mayfield never did get back on the track after obtaining the July 1 injunction that lifted his May 9 suspension. The U.S. Court of Appeals granted NASCAR’s request for a stay of the injunction July 24, and Mayfield has been suspended since then and has sold his team. Mayfield then requested that the injunction be permanently dropped so the case can move quickly. The earliest a trial would be is September 2010, and the only consequence for not having the injunction is that Mayfield would not be able to race in NASCAR until a decision is made at trial. Last week, NASCAR filed a motion it hopes will end Mayfield’s lawsuit by asking Mullen to rule on the filings instead of there being more investigation into the issues. Mayfield has yet to file a response to that motion, but his attorney has called that motion a desperate move.(SceneDaily)(11-24-2009)

Mayfield attorney says he's owed money: Charlotte-based attorney Bill Diehl says suspended Sprint Cup driver Jeremy Mayfield hasn't paid him for services. Mayfield recently replaced Diehl and his firm with celebrity lawyer Mark Geragos. Diehl said the driver owes him "a lot" for defending him in his lawsuit against NASCAR. Mayfield brought suit against the governing body after being suspended indefinitely for violating NASCAR's substance abuse policy. Court documents have since revealed he tested positive for methamphetamines. Diehl wished Mayfield luck with his case, but said, "I'm going to get paid." Diehl, whose fee is $1,000 per hour, said he doesn't believe Mayfield is as financially strapped as has been reported. He said his firm has asked to be paid and will seek legal action if this doesn't happen. Diehl would not say how much Mayfield owes him, but said, "We worked very hard."(ESPN.com)(11-2-2009)

Mayfield holding auction: Former NASCAR driver Jeremy Mayfield is selling items worth about $5 million on the auction block next month [November 20th] as part of a favorite hobby of the N.C. resident. During the past year, the former driver has faced a swarm of controversy, including alleged drug abuse and a suspension from NASCAR. But the auction isn’t because Mayfield is on hard times – he says his auction is an annual tradition on the farm. “I think this is going to be huge because we've got so much different stuff,” said Mayfield. “Got some land involved in it, heavy equipment, tools… it should be fun. It's all I do all the time is try to find the nearest auction around, just trying to get a deal and just trying to outbid somebody. It's kind of competitive and sometimes I've ended up with stuff I didn't want just cause I got excited and started to bid against somebody.” The auction includes 475 acres of land, a home under renovation, jewelry, guns and cars from Mayfield’s personal collection. “He has a good fan base and I believe the fans will come out and support him during auction,” said Will Lilly of Iron Horse Auction Co.(news14.com)(10-30-2009)

Mayfield on ESPN’s Outside the Lines Sunday: Suspended NASCAR driver Jeremy Mayfield tells reporter Steve Delsohn, in Mayfield’s first one-on-one nationally televised interview, that NASCAR is using his situation to scare the sport's marquee drivers who he says use drugs, such as marijuana and cocaine. The interview airs on Outside the Lines on Sunday, Oct. 25, at 9:00am/et on ESPN.
Some quotes from Outside the Lines: “I wish I could sit here and say ‘No, it’s not over,’ but realistically, I would have to have a sponsor, or own my own team, or find a ride, and all those are virtually impossible with the baggage that comes along with me now.” -- Jeremy Mayfield, on whether his NASCAR career is over.
“No, they could never be confused for methamphetamine in a confirmation.” -- Dr. Anthony Butch, director of the UCLA Olympic Analytical Laboratory, which performs drug testing for U.S. Olympic athletes, the NFL and the NCAA, on whether a combination of Adderall and Claritin-D could cause a positive test for methamphetamine.
“You use me as an example to let everybody know who may have already tested positive for marijuana, cocaine or whatever, that they haven’t got anybody for, and it puts the fear of God in everybody in the whole sport. I was a good example, a good pawn who wasn’t going to cost them any money at all. I was worth more to them as a failed drug test then I am as a driver, owner for my own team.” – Jeremy Mayfield.(ESPN)10-23-2009)

Judge denies NASCAR request for rebuke of former Mayfield attorney: A U.S. District Court judge has ruled against NASCAR's request to sanction a former attorney for suspended driver Jeremy Mayfield for an affidavit that misrepresented the background of a Texas drug-testing laboratory operator. Judge Graham Mullen in Charlotte also denied NASCAR's request for Mayfield to pay for the sanctioning body's defense against assertions tied to the affidavit. The affidavit was from Harvey MacFenerstein, who has said there were mistakes in his credentials and is no longer being used by the Mayfield legal team. In his ruling Tuesday on the circumstance surrounding the submission of that affidavit, Judge Mullen said [former Mayfield attorney John] Buric probed MacFenerstein's qualifications, had reason to believe the qualifications MacFenerstein claimed to have were correct and his editorial oversight on whether MacFenerstein was a medical review officer was likely inadvertent and not serious enough for sanctions. The decision Tuesday does not impact the case schedule.(SceneDaily)(10-7-2009)

Mayfield set to hire high-profile attorney: Suspended NASCAR driver Jeremy Mayfield is turning to high-profile attorney Mark Geragos to help fight his drug suspension. Geragos confirmed to The Associated Press on Friday night that he's finalizing a deal to represent Mayfield himself out of his Washington, D.C.-based firm Luque Geragos and Marino. "It's clear to me that there are real issues here, substantial issues, and I think he's getting a raw deal," Geragos said. Geragos declined to discuss specific issues until he could review the case, citing a protective order that U.S. District Judge Graham Mullen has in place. Mayfield has been suspended since failing a May 1 random drug test. NASCAR says he tested positive for methamphetamines, and the driver has denied using the illegal drug. Mayfield sued to have his suspension lifted, and NASCAR countersued.(Associated Press)(10-3-2009)

NASCAR asks for evaluations of Mayfield: NASCAR asked a federal judge Monday to order a mental and physical examination on suspended driver Jeremy Mayfield to determine if he has a substance-abuse problem and/or attention-deficit hyperactivity disorder. The filing in U.S. District Court includes three affidavits and one deposition from four different people who claim to have witnessed Mayfield using methamphetamines multiple times since 1999. NASCAR asked U.S. District Judge Graham Mullen to order Mayfield to report for a psychiatric, neuropsychological and physical examination in November. NASCAR selected the physicians it wants to examine Mayfield. Mayfield did not immediately respond to a request for a comment.(full story at the Associated Press)(9-22-2009)

Mayfield believes he's a scapegoat: Jeremy Mayfield believes NASCAR is using him as an example. Mayfield was suspended by NASCAR on May 9 after testing positive for methamphetamines, a violation of the substance abuse policy. He spoke to ESPN's "Outside The Lines" on Wednesday. "[NASCAR wants to] get the message back to other drivers in the sport," Mayfield said. "To put the fear of God into them. To scare the other drivers. And crew members and everybody out there. I think it killed two or three birds with one stone there with the policy. And it put the fear of God in other people and other drivers who have tested positive that they didn't put in this situation." Mayfield filed a lawsuit against NASCAR. It is set to be heard in a trial jury beginning on Sept. 13, 2010. Mayfield contends he did not take methamphetamines and is seeking to be fully reinstated. He also is seeking damages. Mayfield said NASCAR banned him to scare other drivers who have tested positive. "This was sending a message to them saying, 'You better straighten your act up', without putting them through what they put me through," Mayfield said. NASCAR spokesman Ramsey Poston responded with this statement: "The facts are clear and now recognized by the court, that Jeremy tested positive twice for methamphetamines. He was offered the chance to undergo the road to recovery but chose to go the legal route."(ESPN)(9-11-2009)

Mayfield files wrongful death lawsuit against stepmother: Suspended NASCAR Sprint Cup driver Jeremy Mayfield has filed a wrongful death lawsuit against his stepmother, Lisa Mayfield, over the death of his father two years ago. Terry Mayfield died Sept. 5, 2007, in what police investigators and the medical examiner concluded was a suicidal gunshot wound to the chest, according to investigation and medical examiner reports. Jeremy Mayfield’s lawsuit, filed late Friday afternoon in North Carolina Superior Court in Rowan County, does not say how Lisa Mayfield was involved in the death of Terry. It only says that “as a direct and proximate result of the defendant’s intentional acts, the decedent Terry Allen Mayfield was killed by a gunshot wound.” Jeremy Mayfield claims that prior to Terry Mayfield’s death, Terry confronted Lisa about an affair and asked her to leave. Within several days of Terry’s death, Jeremy claims the man Lisa was having an affair with broke up with his girlfriend and moved in with Lisa. It also claims that Lisa Mayfield squandered a loan meant to be used to build a barn.(SceneDaily)(9-8-2009)

Mayfield sued over engine bill: Suspended driver Jeremy Mayfield is being sued by Arrington Manufacturing for $71,000 in unpaid engine bills for four events, according to a complaint filed last week in North Carolina Superior Court in Newton, N.C. Arrington provided engines for Mayfield Motorsports for the Sprint Cup races at Phoenix, Talladega, Richmond, Darlington, and Charlotte as well as the Sprint Showdown race that preceded the all-star event. Prior to each event, Mayfield and Arrington Manufacturing agreed on a price, according to the complaint. The price was based on how many miles were actually put on the motor. Mayfield paid the engine costs for Phoenix and Talladega – he did not qualify for Phoenix but ran nearly the entire Talladega race before an accident ended his day 11 laps short of the finish. He has not paid for the other four events, according to the complaint. He completed 371 laps at Richmond, failed to qualify at Darlington, and then J.J. Yeley completed all 40 laps of the Sprint Showdown and did not qualify for Charlotte. Arrington Manufacturing is asking for the $71,000 plus attorneys' fees. Mayfield and Mayfield Motorsports are listed as the defendants. Mayfield also is being sued by Triad Racing Technologies for unpaid bills of $86,304.(SceneDaily)(9-7-2009)

Judge denies request to lift injuction on Mayfield: U.S. District Court Judge Graham Mullen has denied NASCAR’s request to permanently lift the injunction he issued July 1 that had allowed suspended driver Jeremy Mayfield to race. Mullen released his decision Tuesday, a decision he made on procedural grounds because NASCAR had already filed an appeal with the U.S. Court of Appeals, which ordered a stay on the injunction July 24 until the appeal could be heard. A hearing on the appeal is not expected until at least October, and Mayfield is suspended until the appeal can be decided. Because NASCAR had filed an appeal, Mullen said he has lost jurisdiction as far as the injunction. Mullen did state in the order issued Tuesday that because of new factual developments in the case and a new preliminary injunction standard recently introduced by the U.S. Court of Appeals, he would have been inclined to grant NASCAR’s request. In Mullen’s court, the lawsuit is proceeding into the investigation and trial phase, with a trial scheduled to start no earlier than September 2010.(SceneDaily)(9-2-2009)

Final brief filed Mayfield injunction case: Jeremy Mayfield's legal team has filed its final reply brief in arguing against NASCAR's request that U.S. District Court Judge Graham Mullen, in light of a disputed July 6 drug test, reconsider his injunction that lifted Mayfield's suspension centering around his May 1 drug test. NASCAR suspended Mayfield for a May 1 drug test that it says showed a positive result for methamphetamines. Mayfield claims the test resulted in a false positive reading created by the prescription drug Adderall, which is used to treat attention-deficit hyperactivity disorder, and the allergy medication Claritin-D. Mayfield obtained an injunction from Mullen on July 1 to keep NASCAR from enforcing the initial suspension. Since then, NASCAR has gotten that injunction put on hold - leaving Mayfield suspended - by the U.S. Court of Appeals until the appeals court can hear arguments on the matter, a process that likely will last until at least October. Mayfield's filing Tuesday mainly focuses on the legal precedent on why Mullen should not rescinded the injunction. Mayfield's lawyers also argue that NASCAR expert Mace Beckson contradicts NASCAR's contention that Mayfield poses a danger to fans since Beckson indicates that no absolute conclusion about a person's medical condition can be based solely on a drug test. There is no deadline for Mullen to rule on NASCAR's request to have the injunction rescinded.(SceneDaily)(8-20-2009)

Police called to Mayfield house UPDATE: Catawba [NC] Police have confirmed that they were called to NASCAR driver Jeremy Mayfield's home for a trespassing call on Saturday. Now, Jeremy Mayfield and his wife confirm to NewsChannel 36 that trespasser is Mayfield's former stepmother, Lisa Mayfield. He and his wife say Lisa Mayfield was drunk, banging on their door, and they claim she even threatened to kill them. This is just the latest chapter in the saga between Mayfield and his former step-mother with whom he has been trading insults and lawsuits for the past few months. Lisa Mayfield has sued the race car driver for slander. Mayfield, on the other hand, tells NewsChannel 36 he is putting the finishing touches on his wrongful death lawsuit against his step mother. Mayfield has said publicly he doesn't believe his father committed suicide, as is listed in a 2007 police report, but that he believes his step mother had something to do with this.(wcnc.com)(8-16-2009)
UPDATE: The wife of Jeremy Mayfield on Tuesday took out a restraining order against her husband's stepmother and principal witness for NASCAR's case against the suspended Sprint Cup driver. Shana Mayfield filed the request at the Iredell County sheriff's department. "She will be served as soon as they can find her," Shana told ESPN.com. The order was sought three days after Lisa Mayfield showed up intoxicated at her stepson's home Saturday night and arrested on four counts of simple assault and for trespassing. According to the arrest warrant, Lisa physically confronted the husband and wife caretakers living on the property, their daughter and her boyfriend. She is scheduled for trial on Sept. 14. "[She] told our caretakers she would come back to kill us, she wasn't done," Shana said.(ESPN)(8-18-2009)

Mayfield sued by stepmother: Lisa Mayfield is seeking damages against her stepson, suspended Sprint Cup driver Jeremy Mayfield, for public comments he made in regard to his civil case against NASCAR, according to court documents. Lisa Mayfield is seeking compensatory damages in excess of $10,000, punitive damages in excess of $10,000 and any other "relief as the court may deem just and proper." The complaint was filed Wednesday in the Iredell County Civil court in Statesville.(read the full story at ESPN.com)(7-29-2009)

Mayfield vs. NASCAR Trial date - Sept 2010: Jeremy Mayfield's lawsuit against NASCAR has been set to be heard in a trial jury beginning on Sept. 13, 2010, according to court documents filed on Tuesday. The date was ordered by U.S. District Judge Graham Mullen. Mayfield was suspended by NASCAR on May 9 after testing positive for methamphetamines, a violation of the substance abuse policy. The suspension was lifted by Mullen in June, but reinstated by the 4th Circuit Court of Appeals last week. Mayfield contends he did not take methamphetamines and is seeking to be fully reinstated. He also is seeking damages. In its most recent filing seeking that the suspension be permanent as long as the case is pending, NASCAR said it has several witnesses willing to testify that Mayfield took methamphetamines. Attorneys already have filed an affidavit from Mayfield's stepmother saying Mayfield has taken amphetamines since 1998.(ESPN)(7-29-2009)

NASCAR says Mayfield lied to federal court: NASCAR accused Jeremy Mayfield of lying to a federal court about the chronology of a second random drug test, offering to provide an audio tape of the conversation in which Mayfield was told to submit a sample. The driver says the telephone call went to voicemail. The accusation came Monday in court filings that ask U.S. District Court Judge Graham Mullen to lift the July 1 injunction he granted Mayfield so he could return to racing. NASCAR disputed the sworn testimony Mayfield provided to U.S. District Court last week, including the assertion that a July 6 request for a second drug test went to his voicemail at 1:18 p.m. He said he didn't get the message until about 40 minutes later, making it difficult for him to meet the two-hour deadline to report for testing. NASCAR has asked Mullen to reverse the injunction based on new evidence - the failed July 6 test, and sworn testimony from Mayfield's estranged stepmother that she witnessed him using meth at least 30 times over the years.(see full AP story)
AND NASCAR filed court documents Monday stating that the sanctioning body has several witnesses to Jeremy Mayfield's alleged drug use, but that they are hesitant to come forward after Mayfield's comments about his stepmother.(more at SceneDaily)(7-28-2009)

Carter buys Mayfield's team UPDATE: Tony Furr, Jeremy Mayfield's long-time crew chief, says that Mayfield has sold his [#41] team [hauler and cars] to Georgia businessman, John Carter, who has been in racing for a while [the #08 Carter Simo Racing team], and Furr says he expected Labonte to run the rest of the season with the team, in as many races as it can make. Furr says the team will continue running out of Mayfield's old shop. Furr is overseeing the operation, and said Friday morning Mayfield may well be at Indianapolis Motor Speedway sometime this weekend. However NASCAR won a legal appeal Friday afternoon in the U.S. 4th circuit court of appeals that should put Mayfield back on suspension. The latest legal move, in NASCAR's favor, would apparently put Mayfield back on suspension, until the court case itself can be resolved. And that case might not get going for several months."John Carter owns it, bought it from Jeremy," Furr says. "I haven't talked with Jeremy in about a week so I don't know if he'll be here. Terry is going to run the car wherever we run it, and we may run it the rest of the year, don't know yet." Toyota's Joey Arrington is doing the motors; Jeremy Lafave is the crew chief. Furr says he himself "is mainly a consultant."(MikeMulhern.net), also as announced a few weeks ago, Boris Said is scheduled to run some races in the #08, running a Ford with Frankie Stoddard as the crew chief, supposedly at Watkins Glen and Talladega. No word if Mayfield's #41 team owner race attempts (12 attempts) and owners points transferred over to the #08 team.(7-24-2009)
UPDATE: Suspended Sprint Cup owner/driver Jeremy Mayfield has sold his hauler and inventory of cars and parts to John Carter, who plans to compete in as many races as he can the rest of the season. Carter said the deal included six cars, including one Terry Labonte ran in Sunday's race at Indianapolis Motor Speedway. Labonte has agreed to drive in five races -- Indianapolis, Michigan, Bristol, Atlanta and Charlotte -- and could drive in more if sponsorship is available. Carter will run the team out of his shop in Tacoa, Ga., and the shop Mayfield rented in the Charlotte, N.C., area. Four of Mayfield's crew members, including crew chief Tony Furr, are now employed by Carter. The deal did not include an opportunity or Mayfield to drive for Carter if cleared. "That wasn't even discussed,'' Carter said.(ESPN)(7-26-2009)

Mayfield's hair may be tested: The back and forth between NASCAR and driver Jeremy Mayfield over drug allegations has gotten so bad that in Mayfield's latest statement he describes the humiliation of having to go to the bathroom while someone watched. So what could bring it all to an end? It turns out it could come down to a piece of hair. "It's like the bully in school," Jeremy Mayfield told NewsChannel 36 last week. "Every three to five days I go get tested." Who ends up in victory lane may come down to the difference between urinating in a cup and pulling a hair. "The drug that is incorporated into your hair -- it stays there. You get a record, basically, of drug use with the hair," said Dr. Ruth Winecker, the chief toxicologist for the North Carolina Medical Examiner's Office. She says there's no messing with hair. But no one has tested Mayfield's hair, just his urine samples. "There are techniques people can use to try to cheat the system," Winecker said. That's exactly what both sides have accused each other of doing. NASCAR says Mayfield diluted his urine even before testing positive for meth, and Mayfield says NASCAR did something to his urine. NewsChannel 36 asked Mayfield's attorney if they'll be testing his hair as the judge in the case suggested several weeks ago. Attorney John Buric told us they are looking at the possibility, but right now they have been told Mayfield's hair is too short.(NewsChannel 36)(7-23-2009)

Mayfield working on 'big' sponsor deal, seeking ride: Jeremy Mayfield, who says he's "80% there" on getting a major sponsorship deal that might enable him to once again drive in the Sprint Cup Series, isn't on the entry list for Sunday's Allstate 400 at the Brickyard. But that doesn't mean he won't be at Indianapolis Motor Speedway this weekend. Mayfield spoke by phone Tuesday morning, prior to meeting his legal team to discuss his ongoing court battle over NASCAR suspending him from competition as either an owner or a driver as of May 9, due to a positive result for methamphetamine in a random drug test taken May 1 at Richmond International Raceway. "I'd like to come to Indy just to come watch, and to try to get a ride," Mayfield said. "We're working on sponsorship deals as we speak and I'm telling you, if this works out, it's going to be big. And what's funny is, it could be big in all kinds of different ways, and all I needed was [NASCAR's] support, and to work with me on this. They could have had races sponsored and tracks sponsored and I could have been with one of their big teams with a big sponsor and I guess they don't want that, because I didn't need them to get it." NASCAR spokesman Ramsey Poston said that he is "unfamiliar with the possible sponsor opportunity" that Mayfield references. Yet, Mayfield's description of the company he's talking to was vivid. "Sounds like a union, doesn't it?" Mayfield said. "Imagine if they got involved, and they're behind me 200 percent right now. America's not about a dictatorship no more and it never was."(NASCAR.com)(7-23-2009)

Mayfield Attorneys: NASCAR hasn't proved case: UPDATE: Attorneys for Jeremy Mayfield filed papers on Monday arguing NASCAR has not shown sufficient reason that the court should overturn the decision to lift the Sprint Cup driver's suspension for violating the substance-abuse policy. The papers filed in U.S. District Court are a counter to NASCAR's request on Wednesday asking for an immediate stay of the injunction after Mayfield tested positive for methamphetamine for a second time. The counterclaim did not address the second test. Mayfield has since claimed the governing body spiked the July 6 test to get the desired results. His attorney, John Buric, released results of another test taken on the same day but performed by LabCorp, an independent laboratory not hired by NASCAR, that came up negative for methamphetamines and amphetamines. NASCAR officials argue that the LabCorp test should not be recognized because there is no evidence that the sample is legitimate or that proper procedure was used. Asked for specifics about the test, such as whether Mayfield was directly observed giving the sample, Bill Bonello of LabCorp said, "LabCorp does not comment on drug testing results."(see full story ESPN)(7-21-2009)
UPDATE: An independent drug test on Jeremy Mayfield was negative for methamphetamines, contradicting the results of a NASCAR test taken 40 minutes earlier, the driver claimed in court documents filed Tuesday. In response to NASCAR's claim that Mayfield again tested positive for methamphetamines on July 6, Mayfield submitted an affidavit to the U.S. District Court that said he traveled to Frye Regional Medical Center in Hickory, N.C., right after NASCAR collected a sample at his Catawba County home. In a room he described as "very sterile," Mayfield said he emptied his pockets, washed his hands and was ushered into a bathroom, where he provided another urine sample. Mayfield said in the court filing he received confirmation from Laboratory Corporation of America in Raleigh, N.C., that his sample was negative on July 10 - the same day NASCAR informed his counsel that its sample was positive. Dr. Harold Schueler of the Broward County (Fla.) Medical Examiner's Office, filed an affidavit on behalf of Mayfield that claimed the levels of methamphetamine in NASCAR's test are "astronomical" and "could not be remotely accurate, unless Mr. Mayfield was deceased or a chronic abuser." (Associated Press)(7-22-2009)