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Mayfield’s suit vs. NASCAR dismissed by judge

CHARLOTTE, North Carolina — A U.S. District Judge has dismissed suspended driver Jeremy Mayfield’s lawsuit against NASCAR.

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 consistently denied.

Judge Graham Mullen threw out the case Tuesday in Charlotte, saying that Mayfield had twice waived his right 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.

“Plaintiffs thereby waived their right to pursue their claims for defamation, unfair and deceptive trade practices, breach of contract, and negligence,” Mullen wrote in his decision. “Plaintiffs’ claims are hereby dismissed.”

Mayfield’s wife, Shana, said the couple had no comment on the ruling, which can be appealed. She said attorney Mark Geragos would speak on their behalf.

Geragos’ voice mailbox was full, and he did not immediately respond to an e-mail request for comment.

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

Mayfield sued for breach of contract, discrimination and defamation and won an injunction last July to participate in NASCAR. He never attempted to make a race, and the suspension was reinstated by the 4^th U.S. Circuit Court of Appeals after he failed a second random drug test.

Mullen’s ruling Tuesday was in response to a motion NASCAR made last November to dismiss the suit based on pleadings already submitted. There was no hearing.