dpkimmel2001
Team Owner
It may finally be over but probably not.....
Jeremy Mayfield giving up lawsuit against NASCAR, won’t appeal to Supreme Court
Jeremy Mayfield said Monday he likely will not pursue any additional appeals in his lawsuit against NASCAR over a May 2009 drug test the sanctioning body said was positive for methamphetamines.
Mayfield has until June 25 to file an appeal to the U.S. Supreme Court, but he said Monday he likely will move on from the case that has lasted nearly three years.
The lawsuit started less than a month after the May 1 drug test, which Mayfield claims was a false positive for the prescription medication Adderall and the over-the-counter allergy medication Claritin D.
He temporarily won an injunction against NASCAR but never raced before his suspension was reinstated by a U.S. Appeals Court.
A U.S. District Court judge ruled in favor of NASCAR in January 2010 before the case ever went to trial. The U.S. Court of Appeals upheld that ruling in March.
The basis of the ruling was that Mayfield could not sue NASCAR because of waivers he signed regarding implementation of NASCAR’s substance-abuse policy. The waivers are part of the agreement a driver signs with NASCAR in order to participate.
“We’re probably going to move on,” Mayfield said. “They won on a technicality, a paper I had to sign to participate.”
Mayfield was speaking after a court appearance in North Carolina Superior Court in Caldwell County. He faces four felony larceny charges stemming from a Feb. 27 indictment that states he was in possession of stolen goods. The case was continued until Sept. 10.
The former NASCAR driver, who had five career Cup wins and made NASCAR’s Chase in 2004-05, also faces 15 other felony counts in two other counties, primarily on stolen goods-related charges and one methamphetamine charge.
Mayfield said he is confident he will be found innocent of all those charges.
“I’m very confident because this isn’t a lawsuit—a jury will decide from the actual evidence,” Mayfield said. “A judge won’t throw this out (against me).”
Mayfield would not blame NASCAR for what was scheduled to happen later Monday—as a result of foreclosure, his property in Catawba County is scheduled for auction Monday afternoon. He said he plans to move once the sale is finalized.