Motion To Dismiss Decision Due Soon In Vijay v. PGA Tour

Rex Hoggard reports that Judge Eileen Branstein is due to decide soon on the status of Vijay Singh's suit against the PGA Tour.

“We’re getting close to an end, I hope, on the decision on the motion to dismiss,” Bransten said before adding a request to have the arguments for the motion to dismiss and another motion to compel discovery “married.”

“I want this motion to compel to be tailored to the remaining causes of action that I’m not dismissing. So now you know. You know the answer.”

Bransten later said her final decision would come after the publication of the transcript from last week’s hearing (Feb. 10).

This was an interesting reminder from PGA Tour lawyer Jeffrey Mishkin:

Mishkin also argued that Singh’s claim that he was treated differently than other Tour members – most notably Mark Calcavecchia, who Singh claims admitted to using the same deer-antler spray as Singh yet wasn’t sanctioned by the circuit – should be dismissed because the testing program allows for disparate treatment under the discretion of Tour commissioner Tim Finchem.

“There is no requirement of uniformity of treatment under the drug program. There couldn’t be. The commissioner has every right to treat different cases differently,” Mishkin said.