Justice Eileen Bransten of New York state Supreme Court in Manhattan denied the PGA’s effort to have the case dismissed, saying there were still issues to be decided, according to a 27-page opinion made public yesterday.
Singh began using the spray “on the advice of his caddie” in 2012 to alleviate knee and back problems, according to court records. In February 2013, the World Anti-Doping Agency issued a statement saying it was a banned substance. The PGA determined Singh “had committed an anti-doping violation” and he was suspended and some of his earnings escrowed, even though he said other players in similar circumstances weren’t punished, according to court papers. The spray was later taken off the banned-substance list.
Singh sued the PGA last year, alleging negligence, unfair dealing and intentional infliction of emotional distress.
Bransten ordered the PGA to file further arguments within 20 days.
The case is Singh v. PGA Tour, 651659-2013, New York State Supreme Court, New York County (Manhattan).
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