Jeremy Mayfield will continue his lawsuit against NASCAR over a failed drug test for methamphetamines in May of 2009. Mayfield informed the court of his intention to appeal the most recent decision by U.S. District Court Judge Graham Mullen last week, and now has 40 days to file his actual argument, along with any corroborating evidence.
Mullen ruled last May that Mayfield had waived his right to sue NASCAR by signing waivers included as part of his competitor’s license applications. The judge also said Mayfield had produced no evidence proving that NASCAR had unfairly banned him from the sport for testing positive for methamphetamines. Mayfield asked the court to reopen the case in June and again in August, claiming both times that he had new evidence. Both appeals were denied. In September, he claimed that NASCAR Chairman Brian France had ordered him black-flagged from the 2006 Brickyard 400 at Indianapolis Motor Speedway, citing testimony from France’s former in-laws. Mullen disallowed that appeal after France produced travel records proving that he was not with his former relatives on the day of the race.
Mayfield continues to deny using methamphetamines, saying his positive drug test stemmed from a combination of the prescription drug Adderall -– which he allegedly takes to treat attention-deficit hyperactivity disorder -- and an over-the-counter allergy medication.
His latest appeal could be heard as soon as next May, but is likely to languish in the system until at least September.