Suspended driver Jeremy Mayfield's earnings after a random drug test helped send his lawsuit against NASCAR to federal court this week, legal papers said.
A motion filed Tuesday said: "The Plaintiffs have already earned $96,000 in NASCAR events subsequent to Jeremy Mayfield’s random drug test screening on May 1, 2009."
NASCAR argued the case should be heard in federal court because the litigants reside in different states and Mayfield seeks damages exceeding $75,000.
Mayfield sued NASCAR last week alleging he was wrongly suspended May 9 for violating the sport's substance abuse policy. A judge had set a hearing scheduled for today, but that was called off after the case moved to federal court from Mecklenburg County Superior Court.
Federal Judge Graham Mullen has been assigned the case, court records show. No new hearing date has been set, said Paul Hendrick, attorney for NASCAR.
Mayfield is the first driver in the sport's top division to be suspended under a new drug-testing policy. Attorneys for NASCAR have said he tested positive for a “dangerous illegal” drug, but Mayfield said he does not abuse drugs.
Mayfield's suit alleges NASCAR did not follow proper testing procedures and failed to give him a chance to prove his innocence.
- Fred Clasen-Kelly
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15 comments:
I think a lot could be solved if NASCAR would just come out and say exactly what Mayfield tested positive for. To me, this is about like playing a game of high stakes poker with a loaded deck, I'm not sure anybody really knows who's telling the truth here.
got this from espn/jayski.com
"In presenting Mayfield's side, John Buric, an attorney in Diehl's firm, said Mayfield had taken Claritin-D, an allergy drug, in addition to Adderall, a prescription medication used to treat attention deficit disorder. Buric said, according to NASCAR, Mayfield had tested positive for amphetamines; Adderall is a name-brand amphetamine."
exactly how is what Mayfield makes in NASCAR news? Hey, Fred Clasen-Kelly, all you have to do is get the Observer, open the sports page on Monday morning after a NASCAR race and add up the winnings after each race. OMG somebody in professional sports makes a lot of money, STOP THE PRESSES, this should be front page, above the fold stuff. Fred Clasen-Kelly, I see Pulitzer written all over this!
Diehl is "the deal." Mayfield has among the best representation he can to square off with NASCAR. Excellent choice of attorney, and "get 'em boy."
NASCAR is so full of SH*T, they have been for a long time, they lost me and many more when they implemented restricter plate racing.I hope he sticks it up there A**.
NASCAR is in over their heads on this one. They cannot admit they were wrong and will spend a fortune just to try and make this go away. Drug testing can easily show false positives and there is plenty of proof to demonstrate.
I wonder if all the samples were used up?
Wow, it would be great if any of these keyboard cowboys had a clue about the court case. How do you know Nascar is wrong and Mayfield is right? You must have some really good inside information. It's posts like these that make me hope Nascar is 100% correct on this one. Sorry Jeremy, but you lost your credibility in my book by your past actions on several race teams.
This is response to the person who made the comment about the 'keyboard cowboys'. I was the person who made the very first comment on this forum. Yes, I agree that Mayfield has used up tons of credibility in the past on other race teams, and that he's definitely burned bridges with NASCAR. However, if the Adderall was legitimately prescribed by his Physician, then I have a very hard time of NASCAR suspending him. If something is medically necessary, and the keywords there are ‘medically necessary’ then I don’t see how a ruling body can override it. So you may not like Mayfield (and get in line), but he at least deserves his day in court.
I am the second "keyboard cowboy."
I am by no means a fan of Jeremy, but I do feel he is not getting a fair chance here. We all know NASCAR never ever changes their minds on rulings on the track or off, it is their culture. We all the the on-track mistakes they have clearly made, but never admit.
I have never had to take a drug test, or would I be concerned if I had too. However I am on honest citizen that see the testing is just as suspect as the users. I believe many many athletes do use drugs, and are not caught. However I also believe many of them are getting sweep into this because of poor drug testing.
You just have to do 2 minutes of research to understand it is far from perfect:
http://www.askdocweb.com/falsepositives.html
I suspect if this was Gordon,Stewart,Earnhart Jr or any other top driver they might take a different position just like the do on the track.
Even "if" a substance is legally prescribed by a doctor that does no make it acceptable to take while driving a race caz or any other motor vehicle for that matter.
You can be taking legally prescribed drugs and it still could be illegal to drive your car. Just because the dr prescribed it does not make it OK to take that drug and drive. It can still be considered DUI! That's probably NASCAR's line of reasoning "if" Jeremy was taking a legally prescribed drug. He still is carrying the potential to be "impaired" while driving around the track ad whatever hundred plus miles per hour he happens to be driving on that particular day. NASCAR is a private organization nd therefore does not have to meet the same criteria to consider something illegal/improper as does public law.
"Anonymous said...
Wow, it would be great if any of these keyboard cowboys had a clue about the court case. How do you know Nascar is wrong and Mayfield is right? You must have some really good inside information..."
Man you are 100% correct. Mayfield and wife have been trash for some time now, but that doesn't make him guilty. But he has lied in the press on this one big time. He got trashy and dirty during Evernham v Mayfiled and he will do on this one. Just because he has a junkyard dawg as a lawyer doesn't make him or the lawyer right...And from what has come out at least we see the drugs, we hear from other pros in this field familiar with other pro sports drug programs that NASCAR apparently is in the right on this one and that they didn't have to name the drug. MLB didn't release what Rameriz was banned for...Anyway there isn't a bigger critic of NASCAR than me, but on this one guys...well the NASCAR haters don't have a leg to stand on and to stand up for Jeremy Mayfield, well that's like standing up for your drunk and arrogant uncle...
From the way NASCAR'S drug testing works is you have to tell the testing tech what meds if any you are taking. If he had admitted up from he was taking an over the counter med & what his Dr, perscibed NASCAR has procdures in place for these situations. Hey Jeremy just tell the truth up front.
I am an adult who also takes Adderall for ADHD and have done so for years. It in no way affects my ability to drive or function. I am just glad that I don't have to take NASCAR's drug test or I too would fail.
You are all missing what NASCAR's lawyer said in court: there were 3 drugs found, 2 of which were accounted for (the Adderall and Claritin-D). The third, unnamed drug, was described as "illegal and very dangerous." The attorney said Mayfield cannot account for that one, and that is what the penalty was for. If it is illegal and highly dangerous, I don't need to know more than that. Adderall is not illegal. Claritin-D is not illegal. Put your thinking caps on, people.
Side effect of Adderall is dizziness. At 190 mph, I do not want to be driving next to someone who is dizzy.
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