Mayfield vs. NASCAR could continue into 2011

Jeremy Mayfield's quest to make NASCAR pay for what he says was a drug test that was a false positive for methamphetamines likely will stretch well into 2011. Mayfield, whose claims against NASCAR were dismissed by a U.S. District Court judge in May, must first defend himself against a countersuit by NASCAR before appealing the decision to throw out his claims. NASCAR claims that Mayfield breached his contract with NASCAR for competing while in violation of its substance abuse policy.

According to a revised schedule filed Wednesday in U.S. District Court in Charlotte, motions for summary judgment must be filed by Feb. 4, 2011. Those would have to be ruled on before any trial begins, meaning that it likely will be next spring, at the earliest, before that portion of the case could go to trial. Once a decision on NASCAR's counterclaim is made by either the judge or a jury, the appeals process likely would proceed throughout 2011. Mayfield will meet with NASCAR on Sept. 8 in mediation to try to settle NASCAR's breach-of-contract claim against him. Whether Mayfield could pay any claims is questionable. He has judgments of $874,000 against him and Mayfield Motorsports for unpaid bills and taxes. More from SceneDaily