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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.
The bigger issue may well be that, if the doc's credentials are discredited, that could well jeopardize dozens (hundreds) of cases that have already been tried and their convictions. Issues around Mayfield may pale in significance.
Mayfield’s attorney is
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Looks like it's Florida ... glad we got that settled.
LOL Seemed like a bit of overkill....
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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.
From NASCAR's response to Mayfield:
4. NASCAR denies the allegations contained in Paragraph 4, and states that Brian France is domiciled in Florida, owns property in Florida, maintains his principal NASCAR office in Florida, is a registered voter in Florida, has a Florida driver’s license, registers his personal vehicles in Florida, has a passport which lists a Florida address, and files his federal and state income taxes as a Florida resident. Moreover, Mr. France is Chief Executive Officer of NASCAR, which is also located in Florida.
I am sure that is all true. However, if we presume B France is a property owner in NC, then he could be legally considered as resident for purposes of this lawsuit as well as other purposes (such as being called for jury duty). That said, it is a bit of a mute point now a the case has been moved, at NASCAR's request, to Federal jurisdiction. This is not like a passport where you're a citizen of a single (or maybe two) country; this is more akin to income tax law where you may owe state income taxes in more than one state dependent upon where and the circumstances the income is earned.
I am fully aware of what you write. My point is that Brian France does NOT own property in Mecklenburg County, NC.
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Copy of NASCAR's Motion...(unfortunately, it doesn't include copies of the supporting affidavits).
http://www.charlotteobserver.com/static/images/pdf/macfencreditionalsquestioned.pdf
Thanks for posting this.
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"Suspended owner/driver Jeremy Mayfield’s Mayfield Motorsports Inc. has been sued for $86,304.55 for parts, pieces and chassis work."
http://www.scenedaily.com/news/articles/sprintcupseries/Jeremy_Mayfield_sued_by_parts_supplier_chassis_builder.html
"Suspended owner/driver Jeremy Mayfield’s Mayfield Motorsports Inc. has been sued for $86,304.55 for parts, pieces and chassis work."
http://www.scenedaily.com/news/articles/sprintcupseries/Jeremy_Mayfield_sued_by_parts_supplier_chassis_builder.html
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"Suspended owner/driver Jeremy Mayfield’s Mayfield Motorsports Inc. has been sued for $86,304.55 for parts, pieces and chassis work."
http://www.scenedaily.com/news/articles/sprintcupseries/Jeremy_Mayfield_sued_by_parts_supplier_chassis_builder.html
This whole episode is just so terribly sad.
I imagine that Jeremy may not have had the available cash, but it is a shame that he couldn't work something out with the guy.
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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.
From NASCAR's response to Mayfield:
4. NASCAR denies the allegations contained in Paragraph 4, and states that Brian France is domiciled in Florida, owns property in Florida, maintains his principal NASCAR office in Florida, is a registered voter in Florida, has a Florida driver’s license, registers his personal vehicles in Florida, has a passport which lists a Florida address, and files his federal and state income taxes as a Florida resident. Moreover, Mr. France is Chief Executive Officer of NASCAR, which is also located in Florida.
I am sure that is all true. However, if we presume B France is a property owner in NC, then he could be legally considered as resident for purposes of this lawsuit as well as other purposes (such as being called for jury duty). That said, it is a bit of a mute point now a the case has been moved, at NASCAR's request, to Federal jurisdiction. This is not like a passport where you're a citizen of a single (or maybe two) country; this is more akin to income tax law where you may owe state income taxes in more than one state dependent upon where and the circumstances the income is earned.
Actually, Mayfield's people wanted to keep the matter in State court, so they needed to show each party had "contacts" with NC. That was the purpose of the Brian France paragraph (and the ones regarding Aegis and the doctors) - the state court needs to have jurisdiction over the parties, Brian France was a party, and if he is domiciled in NC, it automatically subjects him to the jurisdiction of the Court.
NASCAR denied it to show diversity of citizenship between the parties, because that's one reason to move something to Federal Court.
Merely the act of owning property doesn't automatically subject you to the jurisdiction of state courts on any matter other than those arising out of the ownership of the property.
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"Suspended owner/driver Jeremy Mayfield’s Mayfield Motorsports Inc. has been sued for $86,304.55 for parts, pieces and chassis work."
http://www.scenedaily.com/news/articles/sprintcupseries/Jeremy_Mayfield_sued_by_parts_supplier_chassis_builder.html
This whole episode is just so terribly sad.
I imagine that Jeremy may not have had the available cash, but it is a shame that he couldn't work something out with the guy.
The suit was filed last Wednesday, so it makes you wonder if they held off until it became increasingly obvious that Jeremy will probably never race in this series again. Jeremy has less motivation to work anything out with them while his legal bills are mounting and there's little reason for him to ever need their services again.
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"Suspended owner/driver Jeremy Mayfield’s Mayfield Motorsports Inc. has been sued for $86,304.55 for parts, pieces and chassis work."
http://www.scenedaily.com/news/articles/sprintcupseries/Jeremy_Mayfield_sued_by_parts_supplier_chassis_builder.html
This whole episode is just so terribly sad.
I imagine that Jeremy may not have had the available cash, but it is a shame that he couldn't work something out with the guy.
The suit was filed last Wednesday, so it makes you wonder if they held off until it became increasingly obvious that Jeremy will probably never race in this series again. Jeremy has less motivation to work anything out with them while his legal bills are mounting and there's little reason for him to ever need their services again.
According to the article, the purchases were made in January, and he wasn't suspended until May. Even being generous, the bills were overdue - probably more than 90 days because I can't see these people extending a lot of credit with generous terms to a start-up team. If Jeremy didn't have to personally guarantee payment, he'll probably end up bankrupting the team, and then the debt goes away. Which sort of guarantees he's done in the industry, because it would be impossible to get credit later on from any racing supplier.
It's sad to watch someone self-destruct.
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"Suspended owner/driver Jeremy Mayfield’s Mayfield Motorsports Inc. has been sued for $86,304.55 for parts, pieces and chassis work."
http://www.scenedaily.com/news/articles/sprintcupseries/Jeremy_Mayfield_sued_by_parts_supplier_chassis_builder.html
This whole episode is just so terribly sad.
I imagine that Jeremy may not have had the available cash, but it is a shame that he couldn't work something out with the guy.
The suit was filed last Wednesday, so it makes you wonder if they held off until it became increasingly obvious that Jeremy will probably never race in this series again. Jeremy has less motivation to work anything out with them while his legal bills are mounting and there's little reason for him to ever need their services again.
According to the article, the purchases were made in January, and he wasn't suspended until May. Even being generous, the bills were overdue - probably more than 90 days because I can't see these people extending a lot of credit with generous terms to a start-up team. If Jeremy didn't have to personally guarantee payment, he'll probably end up bankrupting the team, and then the debt goes away. Which sort of guarantees he's done in the industry, because it would be impossible to get credit later on from any racing supplier.
It's sad to watch someone self-destruct.
I agree Pitstop.
I hope Jeremy arrives quickly at the conclusion that he has already lost the war, even if he should win the battle, though that is also unlikely. Possibly he could then salvage something.
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