Friday, May 10, 2013

Vijay Singh lawsuit against PGA for 'public humiliation and ridicule'

Vijay Singh lawsuit:?The?lawsuit?was a surprise, and so was the timing ? the day before The Players Championship, the flagship event on the tour held on its home course where?Singh?has honed his game for the last two decades.

By Doug Ferguson,?Associated Press / May 9, 2013

In Sept., Vijay Singh of Fiji, looks at the scoreboard on the eighth fairway during the second round of the BMW Championship PGA golf tournament at Crooked Stick Golf Club in Carmel, Ind. Singh sued the PGA Tour on Wednesday, May 8, a week after his doping case was dropped, claiming it damaged his reputation by not doing a thorough job of researching his use of deer antler spray.

Charles Rex Arbogast/AP/File

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PONTE VEDRA BEACH, Florida

Vijay?Singh?sued the U.S. PGA Tour on Wednesday for exposing him to "public humiliation and ridicule" during a 12-week investigation into his use of deer antler spray that ended last week when the tour dropped its case against him.

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The?lawsuit?was a surprise, and so was the timing ? the day before The Players Championship, the flagship event on the tour held on its home course where?Singh?has honed his game for the last two decades.

"I am proud of my achievement, my work ethic and the way I live my life,"?Singh?said in a statement. "The PGA Tour not only treated me unfairly, but displayed a lack of professionalism that should concern every professional golfer and fan of the game."

Singh?filed the?lawsuit?in New York, where he has a home and the tour has an office. He is in the field at The Players Championship.

The 50-year-old Fijian, inducted into the World Golf Hall of Fame in 2006, said in a Sports Illustrated article in January that he used deer antler spray and he was "looking forward to some change in my body." The spray was said to include an insulin-like growth factor that was on the tour's list of banned substances. The tour sent a sample from?Singh?to be tested, and it returned small amounts of IGF-1.

Tour commissioner Tim Finchem announced on April 30 that it was dropping its case because of new information from the World Anti-Doping Agency, which said deer antler spray was no longer considered prohibited because it contained just minimal amounts of the growth factor.

The?lawsuit?claims the tour relied on WADA's list of banned substances and methods without doing any of its own research, including whether such substances even provide any performance-enhancing benefits.?Singh'slawyers said the tour "rushed to judgment and accused one of the world's hardest working and most dedicated golfers of violating the rules of the game."

"We have not seen the?lawsuit, just the statement," tour spokesman Ty Votaw said. "We have no comment."

Some of the details and allegations that emerged from the?lawsuit:

? Finchem had proposed suspending?Singh?for 90 days, and his earnings from Pebble Beach and Riviera would have been redistributed.

? The tour held?Singh's?earnings from five tournaments ? $99,980 ? in escrow without authority during the investigation and appeal.

??Singh's?caddie, Tony Shepherd, recommended that he try the deer antler spray to help with his back and knee injuries.

? Scientists hired by?Singh's?attorneys discovered that IGF-1 is found in cow's milk. They also claim that the amount of IGF-1 in deer antler spray is so diluted that it would be comparable to pouring a shot glass of bourbon in an Olympic-size swimming pool, and then drinking a shot from the pool water.

"He's looking to reclaim his reputation and hold the tour accountable for acting irresponsible," said Jeffrey Rosenblum, one of?Singh's?lawyers. "He's concerned about his reputation. There should never be an asterisk next to?Vijay's?name."

Rosenblum also represented Doug Barron, the only player suspended under the tour's anti-doping policy. Barron sued the tour, and the case was settled.

The development dominated conversations at the TPC Sawgrass during the final day of practice for golf's richest tournament. Some players thought?Singh?surely would be suspended, and they felt he was let off the hook on a technicality. A week later, they learned he was suing the tour.

"Everybody is shaking their heads. It's unbelievable," Bob Estes said. "It seems like the tour did everything it could and everything right as the process unfolded to protect him and his reputation. Everybody is in shock that he would do that. It's not going to help his character. It's only going to hurt it. He got the favorable ruling. It's the week of The Players Championship. He lives here. He's suing his own tour."

Masters champion Adam Scott said he could understand?Singh?filing a?lawsuit?"if he feels like that."

"I would assume?Vijay?thinks he's doing what's right and the tour thinks it's doing what's right," Scott said. "Overall, these situations should be managed to be avoided. We don't need this in the game of golf. Honestly, I don't believe there's a real issue with performance-enhancing drugs in this game. When there's not really an issue, it's a shame that there is."

Peter Ginsberg, a sports law specialist and lead attorney in?Singh's?lawsuit, said the tour never bothered to analyze the trace amounts of IGF-1 in the bottle.

"What the PGA Tour accused?Vijay?of spraying was not a banned substance," Ginsberg said. "It was an inactive substance and could not possibly have any effect, good or bad, on?Vijay. And that's something the PGA Tour easily could have determined."

Singh's?reputation took a beating early in his career when he was accused of changing his scorecard in Indonesia in 1985 and banned by an Asian tour. He did not play any tour until resurfacing on the European Tour in 1989. He came to the U.S. PGA Tour in 1993, and since has made more than $67 million and reached No. 1 in the world.

Singh?has won the Masters and the U.S. PGA Championship among his 34 tour victories. He holds the PGA Tour record with 22 wins since turning 40. His best year was in 2004, when he won nine times.?Singh?has not won since the Deutsche Bank Championship in September 2008, two months after the tour's anti-doping program was launched.

Singh?has not spoken to reporters about any subject since releasing a statement in February confirming that he took the deer antler spray.

Source: http://rss.csmonitor.com/~r/feeds/csm/~3/oq8VGUtFE7U/Vijay-Singh-lawsuit-against-PGA-for-public-humiliation-and-ridicule

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