silverdsl - 16 June 2009 02:19 PM

Pitstop - 16 June 2009 01:50 PM

silverdsl - 16 June 2009 12:36 PM

jpalm - 16 June 2009 11:24 AM

If this is true, it would appear their vetting process is poor to nonexistent.

Which is kind of surprising since Mayfield's lawyer is supposedly so good. But maybe he just wanted someone who would give the opinions he was looking for and was willing to ignore problems with his credentials to get what he was looking for. Even if the court throws out items of the suit connected to this expert a lot of people will probably still believe a lot of what he said to be true so it is probably still a win for Mayfield in the court of public opinion.

This isn't about Mayfield right now....

Besides, as cute as the phrase is, the "court of public opinion" isn't getting Mayfield's NASCAR license restored - it's not like he's running for office, and whoever manipulates the press best wins - this is something real. Opinions are not important, facts are. And once something hits the courts, facts are only what can be proven through evidence.

Mayfield may not be running for office but even if he doesn't get his license back, he could still look to operate a race team under his wife's name. To do that they'll need sponsors and fans to support their efforts, so I think it is important to Mayfield what people think.

If the Mayfields had any intention of running a race team, they would still be operating it. JJ Yeley was willing to drive for them.

J. - 16 June 2009 02:49 PM

Mayfield's side responds: http://sports.espn.go.com/rpm/nascar/cup/news/story?id=4262494

Not much of a response.

If he has a medical doctor degree, one would think he would be a member of AMA. He is not.

As for AACP, if one wants to sign on for an account, one can search their database. If NASCAR is claiming that he is not a member, it is very likely that someone did the two minute search and he is not.

speedfan - 16 June 2009 02:23 PM

Pitstop - 16 June 2009 11:11 AM

an idiot. This isn't about what he had or didn't have in his system. This is about an attorney who just didn't do his job....

It's SOP for the other side to check an opposing expert's credentials. You want to know how often they are paid to testify, find all their published work, no matter how obscure, to try and show inconsistency in their opinion, things like that to try and discredit their opinions when they're on the stand. I can guarantee NASCAR never expected to find this.....

Since I have no reason to doubt a college administrator, at the very least Diehl and his office did not do due diligence when investigating this man. Not good for his firm and his reputation.

Yikes. You don't mislead a Court. Ever.

http://www.google.com/hostednews/ap/article/ALeqM5iIrJsPPI21aR09RlfXaGlJuFiysAD98RRGLO0

LOL. What do you expect from an attorney who states that Brian France is a resident of Mecklenburg County, North Carolina?

Any person even somewhat familiar with NASAR knows that the France family home base is Volusia County, FL.

The whole complaint was odd - many of the allegations were based on an invalid premise - that NASCAR was a federal agency, so the drivers had to be treated as federal employees would be in their testing procedures.

Then putting in a claim under the Americans with Disabilities Act? That one bothered me - using legislation intended for a certain class of people, and then manipulating it to include Mayfield...

Lonestar GP - 16 June 2009 02:52 PM

I currently work in a toxicology lab, and if in fact Jeremy was hung with nothing more than a dip test, then he will win in court. The whole industry is fighting against the dip test right now, and most doctors are using GC/MS or LC/MS to confirm all positive dip test results. With the substance in question being Meth, that opens up a whole other can of worms as that is one of the most difficult class of drugs to test for by any method.

I haven't seen any information by either side alleging that it was a dip test.

speedfan - 16 June 2009 03:27 PM

Lonestar GP - 16 June 2009 02:52 PM

I currently work in a toxicology lab, and if in fact Jeremy was hung with nothing more than a dip test, then he will win in court. The whole industry is fighting against the dip test right now, and most doctors are using GC/MS or LC/MS to confirm all positive dip test results. With the substance in question being Meth, that opens up a whole other can of worms as that is one of the most difficult class of drugs to test for by any method.

I haven't seen any information by either side alleging that it was a dip test.

I have heard that they usually do an additional test when it comes back positive for amphetamines to verify whether it's meth, and most seem to think that this test is relatively routine for toxicology labs. It seems unlikely that this would be a dip test.

speedfan - 16 June 2009 02:23 PM

LOL. What do you expect from an attorney who states that Brian France is a resident of Mecklenburg County, North Carolina?

Any person even somewhat familiar with NASAR knows that the France family home base is Volusia County, FL.

If Brian France owns a residence (house, condo, etc) in Mecklenberg County, NC, he could legally be considered a resident. It does not have to be his main or primary residence.

speedfan - 16 June 2009 03:25 PM

If he has a medical doctor degree, one would think he would be a member of AMA. He is not.

Only about 19% of practicing physicians belong to the AMA. some report the number as low as 15%

jpalm - 16 June 2009 11:24 AM

If this is true, it would appear their vetting process is poor to nonexistent.

Kinda like a certain public officials'?

speedfan - 16 June 2009 02:23 PM

Pitstop - 16 June 2009 11:11 AM

an idiot. This isn't about what he had or didn't have in his system. This is about an attorney who just didn't do his job....

It's SOP for the other side to check an opposing expert's credentials. You want to know how often they are paid to testify, find all their published work, no matter how obscure, to try and show inconsistency in their opinion, things like that to try and discredit their opinions when they're on the stand. I can guarantee NASCAR never expected to find this.....

Since I have no reason to doubt a college administrator, at the very least Diehl and his office did not do due diligence when investigating this man. Not good for his firm and his reputation.

Yikes. You don't mislead a Court. Ever.

http://www.google.com/hostednews/ap/article/ALeqM5iIrJsPPI21aR09RlfXaGlJuFiysAD98RRGLO0

LOL. What do you expect from an attorney who states that Brian France is a resident of Mecklenburg County, North Carolina?

Any person even somewhat familiar with NASAR knows that the France family home base is Volusia County, FL.

Uhm, you are aware that people can have many homes (and often do) and that even though you feel the France family to be out of Volusia County, they might not call that their permanent home of record.

speedfan - 16 June 2009 02:39 PM

I just did a quick web search for MacFenerstein and came up with this as part of an article discussing some major testing issues in Bexar, TX.

A local toxicologist [MacFenerstein]who just lost his contract with the Bexar County Department of Family and Protective Services says he spent much of the last year fighting to convince the department of the necessity of GC/MS confirmation. GC/MS, or gas chromatography mass spectrometry, breaks samples down to the atomic level and is widely considered the gold standard.

“They were trying to put us in a spot,” said Harvey MacFenerstein, a medical toxicologist at Analytical Toxicology. “They got this brainstorm, they don’t want confirmation. I said we need confirmation for it to go to court. I mean, someone’s going to lose their kids, and I know most of the opiates and amphetamines are sinus pills and over-the-counter stuff. I mean, a few months ago I would have tested positive because I was taking Claritin.”

A 40-year veteran of the piss trade, MacFenerstein doesn’t even like to touch the so-called dip tests. “There’s just too many problems with them,” he said, “inaccuracies.”

http://www.sacurrent.com/news/story.asp?id=69369

Mayfield's attorney did a web search for "piss trade" and Claritin and then charged Jeremy $20K for the results.

I can tell you what, I wouldn't trust too much anything dealing with a writer or a paper using the phrase 'piss trade'.