Vijay Singh files appeal against PGA Tour

By Joseph M. Hanna

14 June 2017 

Vijay Singh has filed a cross-appeal against the PGA Tour in the latest chapter of litigation between the two parties that has spanned almost five years. The case, which has been ordered to trial, centers around Singh’s admitted use of deer antler spray that led to his suspension from the Tour. Singh sued the Tour in 2013, claiming the Tour unfairly suspended him for using the spray before it consulted with the World Anti-Doping Agency (WADA), who had previously ruled that that the use of deer antler spray was not a violation without the presence of a failed drug test. Although Singh was reinstated by former Tour Commissioner Tim Finchem, Singh continued with the lawsuit, claiming that he faced “humiliation and ridicule” from the initial suspension.

The cross-appeal, which Singh argues should not hold up the upcoming trial, claims that New York Supreme Court Judge Eileen Bransten improperly dismissed Singh’s argument that the Tour violated an implied duty of good faith and fair dealing. Specifically, Singh is arguing that he is entitled to have a jury decide whether the Tour’s failure to discipline other players who also used deer antler spray was arbitrary and irrational, and whether it constituted a violation of the Tour’s implied duty of good faith. The cross-appeal is also challenging a separate ruling allowing testimony at the upcoming trial from an attorney who helped write the World Anti-Doping Code.

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About the Author

Joseph M. Hanna

Joseph M. Hanna

Joseph Hanna is a partner of Goldberg Segalla and concentrates his practice in commercial litigation with a focus on sports and entertainment law and retail, hospitality, and development litigation. Joe represents sports franchises, professional athletes, and movie studios with various issues related to licensing, contracts, and day-to-day management. He serves as Chair of Goldberg Segalla’s Sports and Entertainment Law Practice Group and editor of the firm’s Sports and Entertainment Law Insider blog. In addition, Joe is the Chair of Goldberg Segalla's Diversity Task Force. He possesses an AV rating from Martindale-Hubbell.
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