Winnipeg Free Press - PRINT EDITION

Mayfield's drug rap sticks: judge

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A federal judge Tuesday dismissed Jeremy Mayfield's lawsuit against NASCAR, which presumably ends the yearlong saga surrounding the first Sprint Cup driver suspended for failing a random drug test.

U.S. District Judge Graham Mullen ruled in Charlotte, N.C., that Mayfield had twice waived his rights to pursue any claims against NASCAR when he signed documents both as a driver and as an owner to participate in the stock car series.

Mayfield was suspended last May 9 for failing a random drug test. NASCAR later said the driver tested positive for methamphetamines, a claim Mayfield has denied.

He argued at various points that his positive test stemmed from a mix of an over-the-counter allergy medication and prescription drug, that NASCAR's testing system was flawed and NASCAR did not follow federal guidelines in its testing,

Mayfield sued for breach of contract, discrimination and defamation and won an injunction last July to participate in NASCAR. He never attempted to race, and the suspension was reinstated by an appeals court after he failed a second random drug test. Mullen's ruling Tuesday was in response to a motion NASCAR last November to dismiss the suit based on pleadings already submitted. There was no hearing.

NASCAR last June countersued Mayfield and accused him of wilfully violating its substance abuse policy, breaching his contract and of defrauding NASCAR and its competitors of earnings. "At this point, nothing has changed on that matter," NASCAR said Tuesday of its countersuit. "We will evaluate our options going forward."

-- The Associated Press

Republished from the Winnipeg Free Press print edition May 19, 2010 C5

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