Updated

A federal appeals panel in Virginia is set to hear arguments in former racecar driver Jeremy Mayfield's lawsuit against NASCAR over his suspension for failing a random drug test.

Mayfield is asking the 4th U.S. Circuit Court of Appeals to reinstate his lawsuit. A federal judge dismissed the suit, ruling that Mayfield signed documents that waived his right to sue.

NASCAR suspended Mayfield in 2009 after he failed a drug test at Richmond International Raceway. He sued NASCAR, its owner and the drug testing company for defamation, unfair and deceptive trade practices, breach of contract and negligence.

Mayfield has argued that a combination of over-the-counter allergy medication and the prescription drug Adderall led to a positive test.

In November, Mayfield was arrested in North Carolina and charged with possessing methamphetamine.