Published on May 18th, 2010 | by Michael J Smith7
Judge Dismisses Mayfield Lawsuit
U.S. District Court Judge Graham Mullen dismissed all claims by Jeremy Mayfield in his lawsuit against NASCAR following his failure of a May 1 drug test in which he is said to have tested positive for methamphetamines. Late last year, NASCAR filed a motion that sought to get the case dismissed based on pleadings already submitted.
On Tuesday afternoon, Mullen dismissed the case without holding a hearing.
In his order, Judge 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.
This news comes days after Mayfield’s attorney’s subpoenaed Jeff Gordon and Jimmie Johnson to depose them in regard to sworn statements they made about his lawsuit.
Mayfield can appeal to the U.S. Court of Appeals.
NASCAR issued a statement regarding the ruling:
The U.S. District Court’s ruling is a powerful acknowledgment 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.
The Mayfields nor their attorney have issued a statement at this point.
Mayfield was suspended in May of last year for violating NASCAR’s substance abuse policy. At the time, Mayfield claimed that it was due to the a mix of Adderall RX, which he said he was perscribed for attention deficit hyperactivity disorder, and Claritin.
He later sued for breach of contract, discrimination and defamation in an attempt to get back on the track and for financial damages. He won an injunction to return to the track. But, despite that, he never returned.
NASCAR won an appeal of the injunction, giving them the right to suspend Jeremy Mayfield for his failed drug test until an appeal of the ruling was to be heard. A trial was scheduled for later this year.