Mayfield’s files motion to move case

There's a lot of politicking going on in Jeremy Mayfield's case against NASCAR and both sides recently filed court documents hoping to sway the judge on an upcoming decision that could be pivotal. Included in those documents is a motion by Mayfield's side to move the case back to state court and for NASCAR to pay for Mayfield's attorney fees that were related to this issue alone. Based on court documents, Mayfield's attorney fees were listed at nearly $70,000 on just this issue. NASCAR filed paperwork that the case remain in federal court. Remember that Mayfield's former attorney, Bill Diehl, filed a lawsuit in November claiming that Mayfield owed Diehl's law firm at least $371,973.66, plus attorney fees, interest and late charges. Diehl's firm represented Mayfield from May until October when Mayfield hired attorney Mark Geragos.

Earlier this month, an evidentiary hearing was held in U.S. District Court Judge Graham Mullen's court room. At issue is where is NASCAR Chairman Brian France's residence. Judge Mullen has not yet issued his decision. For this case (remember this is about Mayfield challenging NASCAR over a failed drug test) to be in federal court, both parties have to be from different states. Mayfield claims residency in North Carolina and France claimed it in Florida. In the motion on behalf of Mayfield, his side said that along with the case being moved back to state court, NASCAR should pay Mayfield's just costs and actual expenses, including attorney fees as a result of Defendant's removal … i.e. what it cost Mayfield in attorney fees and such in fighting this issue (this is not for the total in attorney fees Mayfield has racked up). Virginian Pilot