Judge Eileen Bransten approved the Tour’s request to reargue its motion for summary judgment on Tuesday. Oral arguments are set for Aug. 30.
In May, Bransten partially denied the Tour’s request for summary judgment regarding Singh’s claims the circuit breached its implied covenant by suspending the Fijian for his use of deer-antler spray before consulting with the World Anti-Doping Agency (WADA), and that Tour officials made improper public statements regarding the suspension.
“Singh failed to provide any admissible evidence that the Tour’s alleged misconduct caused him cognizable damage,” the Tour’s attorney wrote in the motion to reargue.
Singh admitted to using deer-antler spray, which contained the banned substance IGF-1, in a 2013 Sports Illustrated article and he was initially suspended for violating the circuit’s performance-enhancing drug policy. It wasn’t until after his suspension was announced that the Tour consulted with WADA.
The Tour does not comment on ongoing litigation.