"It appears as though Vijay is set to win round one."
/Thanks to DTF for the Rob Harris breakdown of Judge Eileen Bransten's comments in court as the Vijay v. PGA Tour battles plays out in court.
Regarding the PGA Tour's motion to dismiss:
Thus, while the court’s formal decision has not issued, it is apparent that at least some of Vijay’s claims will survive the Tour’s motion to dismiss.
What makes this more interesting is that the information Vijay seeks–and which the Tour claims is confidential–apparently concerns other players who Vijay claims received different treatment from the Tour than he did. As his attorney stated in court proceedings last week, “I can stand here in court today and provide the Court with four or five or six or seven other names of similarly situated golfers who the PGA treated differently. I don’t think the PGA wants that and we don’t want to do it.”
In the world of litigation bargaining chips, Vijay has launched a big one. The fact that the case has survived a motion to dismiss, opening the specter of courtroom conversation about the Tour’s inner relationships with its players, increases the likelihood of a settlement. Of course, what it is that Vijay seeks–perhaps an apology and commensurate $$$–remains a question.