United States Fourth Circuit

In a suit by a race-car driver and his race team against NASCAR and others for actions they took in response to the driver's positive drug test, the district court's dismissal on the pleadings and denial of motions to reconsider and to amend the complaint are affirmed, where: 1) the driver signed a liability waiver, enforceable under Florida law, that prevented the plaintiffs' breach of contract claim and unfair and deceptive trade practices claims; and 2) the plaintiffs did not state a claim for defamation, as the allegations were conclusory, and did not suggest that the defendants knew their statements were false or that they were reckless with respect to their veracity.

Appellate Information

• Decided 03/26/2012
• Published 03/26/2012

Judges

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Tillman Finley, David Boies