tag:blogger.com,1999:blog-8212417151137782776.post2980497402230038833..comments2012-04-01T13:42:06.363-07:00Comments on Welcome To Melanie's Place : Spring Is HereMellihttp://www.blogger.com/profile/17343606104740004448noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-8212417151137782776.post-30882277993867438362010-05-21T10:56:42.069-07:002010-05-21T10:56:42.069-07:00Hi There, I'm glad that the judge dismissed th...Hi There, I'm glad that the judge dismissed that suit it was just another way for Jeremy to hide from the truth everyone now knows. He burned all bridges, lost most of all he had and blames everyone else, as we all know the truth always prevailsMellihttps://www.blogger.com/profile/17343606104740004448noreply@blogger.comtag:blogger.com,1999:blog-8212417151137782776.post-71854742746625180512010-05-19T04:20:37.152-07:002010-05-19T04:20:37.152-07:00RACING
JUDGE DISMISSES MAYFIELD’S SUIT AGAINST ...RACING <br /> JUDGE DISMISSES MAYFIELD’S SUIT AGAINST NASCAR <br /> By Dustin Long <br /> The Virginian-Pilot <br /> A federal judge dismissed Jeremy Mayfield’s lawsuit against NASCAR on Tuesday, about a year after Mayfield was suspended for failing a drug test. <br /> A statement from NASCAR called the decision “a powerful acknowledgement and affirmation of NASCAR’s rulebook and its policy to police the sport.’’ <br /> Mayfield’s wife, Shana, told The Associated Press that the couple had no comment on the ruling. She said attorney Mark Geragos would speak on their behalf. Geragos’ voice mailbox was full, and he did not immediately respond to an Associated Press e-mail request for comment. <br /> U.S. District Judge Graham C. Mullen’s decision in Charlotte, N.C., comes just days before NASCAR will induct its inaugural class into its Hall of Fame a few blocks from the courthouse and hold its all-star race at Charlotte Motor Speedway. <br /> Mullen’s decision also closes, for the time, Mayfield’s saga that saw his stepmother ac- cuse him of taking methamphetamines, Mayfield blame her of having a role in his father’s suicide, then her later being arrested on his property, Mayfield changing lawyers for one who represented Michael Jackson, and various financial woes that had his former lawyer, the IRS and others going to court to seek payments from Mayfield totaling more than $800,000. <br /> Mullen ruled that Mayfield failed to prove the claims made against NASCAR. Mullen also noted that by signing driver and owner agreements with NASCAR to compete, Mayfield agreed to abide by the sanctioning body’s policies and those in its Substance Abuse Policy. <br /> “(Mayfield) released (NASCAR) from all claims related to the substance abuse policy, and that agreement is enforceable,’’ Mullen wrote in his order. <br /> Mayfield was the first – and only – Sprint Cup driver to be suspended since NASCAR strengthened its Substance Abuse Policy before the 2009 season. <br /> He tested positive for methamphetamine and was suspended May 9, 2009. Mayfield blamed his positive test on a combination of taking two Claritin-D pills and medicine for ADHD. <br /> Mayfield won an injunction to compete again in July but by that time he didn’t have the finances and equipment to do so. Soon after, NASCAR ordered Mayfield to take another random test. Mayfield again tested positive for methamphetamine and again was indefinitely suspended, followed by the 4th U.S. Circuit Court of Appeals ruling against his injection. <br /> In his decision Tuesday, Mullen explains why he dismissed Mayfield’s other points: <br /> In regards to Mayfield’s claim for defamation, Mullen writes: “Plaintiffs do not state a defamation claim because they fail to allege facts that show actual malice.’’ <br /> With Mayfield claiming NASCAR violated the North Carolina Persons with Disabilities Protection Act (based on Mayfield’s ADHD), Mullen writes: “Mr. Mayfield … was neither a NASCAR employee nor a person with a disability under the (Act); therefore, his claim fails.’’ <br /> On Mayfield’s issue of unfair and deceptive trade practices by NASCAR, Mullen writes: “Plaintiffs released (NASCAR) from all claims arising under the Substance Abuse Policy, which is enough to bar this.’’ <br /> Mullen made his decision after NASCAR’s motion for a judgment in November based on the pleadings in the case. <br /> Still to be resolved are NASCAR’s counterclaims against Mayfield. NASCAR filed them last June – shortly after Mayfield filed suit – for his “wrongful conduct, including … knowing disregard for others’ safety.’’crawboatshttps://www.blogger.com/profile/07993371834401353883noreply@blogger.com