Mayfield's attorney fees grow; Files motion to move case and for NASCAR to pay his attorney fees

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.

At issue is that before this case was moved from state court to federal court, Brian France filed a complaint seeking to evict his former in-laws from a residential property that he owns in Charlotte, N.C., through a trust. Mayfield's side, in its motion, notes that France asserted and verified under oath in that case that he is a citizen and resident of ... Charlotte, Mecklenburg County, North Carolina. NASCAR's post-hearing brief contends that the attorney who filed the paperwork for France in that case only intended to state France owned residences in both Florida and North Carolina.

So, both sides issued much paperwork arguing their case for Judge Mullen. If he decides that France is a resident of North Carolina, then the case would move back to state court all but further extending this case. If the judge determines that France is indeed a Florida resident, then the case remains in federal court and things continue to progress toward a trial date.

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).

Based on that, this is what Mayfield's attorneys listed as its fees to Mayfield.

Mark Geragos stated that through Feb. 18, his firm had devoted approximately 33 hours of attorney time at a charge of $29,800. Geragos stated he had spent 15.8 hours on the case at a rate of $1,000 an hour. Another attorney at his firm had spent 28 hours on the case at a cost of $500 an hour. Geragos also stated that his firm had incurred total expenses of $7,971.35 in connection with the jurisdictional issues in this case.

Attorney Daniel Marino stated that his firm had devoted approximately 150 hours at a cost of $35,760 in attorney fees to the jurisdictional issues presented in this case. Marino listed his billing rate at $550 per hour for 26.8 hours. An associate who also worked on the case for 12.7 hours has a billing rate of $350 and a law clerk who worked on the case for 110.5 hours has a billing rate of $150 an hour. That added up to $35,760. Marino also stated that his firm had incurred total expenses of $1,147.50 in connection with the jurisdictional issues in this case, all of which reflect travel expenses related to the Feb. 4 evidentiary hearing.

Attorney James Maxwell also worked on the case for Mayfield with a billing rate of $350 an hour for 10.75 hours. A paralegal worked on the case at a billing rate of $100 an hour for 1.7 hours. For a total of $3.932.50. Also the firm incurred $146 in jurisdictional costs related to the Feb. 4 hearing.

COMMENTS ADVISORY: Users are solely responsible for opinions they post here; comments do not reflect the views of The Virginian-Pilot or its websites. Users must follow agreed-upon rules: Be civil, be clean, be on topic; don't attack private individuals, other users or classes of people. Read the full rules here.
- Comments are automatically checked for inappropriate language, but readers might find some comments offensive or inaccurate. If you believe a comment violates our rules, click the report violation link below it.