On Friday, July 24, the Fourth Circuit Court of Appeals stayed the preliminary injunction issued by the Western District of North Carolina which had lifted NASCAR's suspension of driver Jeremy Mayfield following a positive drug test for methamphetamine. Mayfield is suing NASCAR and the testing laboratory for negligence, breach of contract, and defamation. NASCAR, represented by Boies, Schiller & Flexner (BSF), has countersued Mayfield for fraud, breach of contract and other claims, and is seeking repayment of past prize monies.
"This is an important decision for NASCAR, the drivers, and especially the fans," stated BSF's Armonk Partner Helen Maher. "NASCAR's right to enforce its substance abuse policy is integral to maintaining a safe environment for NASCAR races."
On July 1, Judge Graham Mullen granted a preliminary injunction lifting the indefinite suspension of Mayfield. NASCAR immediately appealed to the Fourth Circuit, citing its obligation to protect NASCAR drivers, teams, and fans from the potential fatal consequences presented by a driver under the influence of methamphetamine. The Fourth Circuit has now issued an immediate stay pending the appeal. NASCAR conducted a second urine test on July 6, just days after the Court's injunction, in which Mayfield again tested positive for methamphetamine.
BSF has represented NASCAR in several high-profile matters, including its recent summary judgment victory in an antitrust suit brought by Kentucky Speedway. That ruling was appealed by the Speedway and will be argued by the Firm's Chairman David Boies on July 30, 2009 before the Sixth Circuit Court of Appeals in Cincinnati, Ohio.
BSF, based in New York City, has grown to over 230 lawyers practicing in offices strategically located throughout the U.S. The Firm has tried more than 350 cases before juries and judges in federal and state courts and regularly serves as lead counsel on complex, high profile global matters. In addition, the Firm has a fast-growing corporate practice.