Lawyers for Vijay Singh have submitted a request for partial summary judgment in the Fijian’s lawsuit against the PGA Tour over his use of deer-antler spray, which was initially considered a violation of the Tour’s anti-doping policy but later dismissed.
Attorneys for Singh outlined the request to New York Supreme Court justice Eileen Bransten, claiming the 53-year-old’s treatment was arbitrary and the circuit breached its duty of good faith in administrating the policy.
Specifically, Singh’s legal team referenced five other players with both PGA Tour and PGA Tour Champions membership who used the same spray but were not suspended.
“There can be no dispute that the Tour did nothing to discipline any of these golfers,” Singh’s attorneys wrote.
These players, who are referred to in the filings as Golfers A, B, C, D and E, were simply advised to stop using the spray, according to the players.
Singh’s attorneys also wrote that the Tour failed to seek the advice of the World Anti-Doping Agency, which the circuit’s anti-doping program is modeled, before suspending the 34-time Tour winner.
“Immediately prior to Singh’s suspension, WADA confirmed in an e-mail to another sports organization and stated in a public press release that use of deer-antler spray did not constitute an anti-doping violation,” the request read. “Yet the Tour either ignored WADA’s pronouncements or because it had done no investigation, failed to see them.”
The Tour does not comment on ongoing litigation.
Singh’s attorneys also claim the Tour misrepresented the facts in public when commissioner Tim Finchem told reporters the circuit was dropping its anti-doping case against Singh because WADA, “had clarified that it no longer considers the use of deer-antler spray to be prohibited unless a positive test results.”
“WADA ‘clarified’ nothing – WADA’s position regarding deer-antler spray had not waivered for years,” the request read.
The request for summary judgment also included 54 exhibits, including depositions from Tour officials, scientist and WADA officials.