Judge grants NASCAR request to dismiss counterclaim against Mayfield:

  • A U.S. District Court judge has granted NASCARs request to dismiss its breach-of-contract and fraud claims against Jeremy Mayfield to help speed up the appeal in Mayfields lawsuit against the sanctioning body over a May 1, 2009, drug test that NASCAR says was positive for methamphetamines. U.S. District Court Judge Graham Mullen issued the order Wednesday, giving the case at least temporary closure on the district court level. In May, Mullen ruled 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 had been unable to appeal that decision because NASCARs countersuit ‘“ which alleges that by racing while violating the substance-abuse policy, Mayfield breached the contract he signed to compete in NASCAR ‘“ was still pending with a trial scheduled for July 2011. With that part dismissed, Mayfield can now file an appeal to Mullens decision that ruled the case in favor of NASCAR. A Mayfield filing Tuesday indicated that he planned to ask the court Wednesday for permission to file an amended lawsuit with a revised defamation claim that included specific factual allegations demonstrating malice and an additional claim for interference with business relationships based upon newly discovered evidence. That request to file a revised lawsuit had not been submitted prior to Mullens ruling Wednesday (SceneDaily)
    AND Jeremy Mayfield claims that NASCAR Chairman Brian France had him black-flagged during the 2006 Brickyard 400 at Indianapolis Motor Speedway and that NASCAR officials were upset with him in 2009 for signing a sponsor they were courting, according to a court filing late Wednesday. Mayfield made those claims 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 filing is another step in the appeals process ‘“ asking the judge to reconsider the decision before actually filing to the U.S. Court of Appeals.(see full story at SceneDaily)(10-1-2010)