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USA Today Sports Media Group
USA Today Sports Media Group
Sport
Adam Schupak

PGA Tour secures dismissal of fourth amended complaint in suit brought by attorney Larry Klayman

Attorney Larry Klayman loses again. A Palm Beach County (Fla.) circuit court judge last Friday dismissed a lawsuit accusing the PGA Tour of overcharging for tickets at five events held in 2023 and 2024.

On Sept. 6, the 15th Judicial Circuit of Florida granted the Tour’s motion and dismissed the fourth amended complaint for lack of subject matter jurisdiction. The case asserted allegations of conspiracy to prevent LIV golfers from participating in Tour events.

Klayman alleged this led to attendees being overcharged for certain Tour activities. He originally filed this action as a putative class action on June 27, 2022. On Nov. 3, 2023, the Palm Beach circuit court dismissed the Third Amended Complaint against DP World Tour, Keith Pelley, the Golf Channel, and OWGR for lack of personal jurisdiction.

Klayman alleged that the Tour overcharged his spectator admission tickets by 10 percent to 34 percent in violation of the Florida Antitrust Act and Florida Deceptive and Unfair Trade Practice Act.

The five events in question:

  • 2023 Honda Classic
  • 2023 Arnold Palmer Invitational
  • 2023 Players Championship
  • 2023 Valspar Championship
  • 2024 Genesis Open

The latter wasn’t applicable since the event happened in California, and Florida law governs only alleged injuries that occur in the Sunshine State. The potential damages from the Florida events were estimated to be only $174 and Delgado noted that applicable state law requires that damages exceed $30,000 in order for the court to recognize subject matter jurisdiction.

In his opposition brief to the Tour’s motion to dismiss, Klayman asserted that this Court should enjoin the Tour from:

  • Setting supracompetitive prices for tickets, concessions, memorabilia, and souvenirs to and at Tour events
  • Suspending PGA Tour golfers who participate in LIV tournaments
  • Fining Tour golfers who participate in LIV tournaments
  • Working with OWGR to deny OWGR points to LIV golfers
  • Working with the Golf Channel to falsely publish that LIV and its players are cavorting with and effectively murderers and terrorists by playing professional golf and accepting blood money to play professional golf from LIV, which is financed by the Saudi Investment Fund.

None of these items are stated as requests for relief in the FAC. Klayman’s advocacy group, Freedom Watch, disputed Delgado’s ruling. Freedom Watch says Delgado allowed “the case to be turned into a virtually secret star chamber, with little to no public access.”

Freedom Watch also insists the case “was filed in the public interest, with the right of golf fans and the consuming public to know of the alleged monopolistic acts of the PGA Tour and its commissioner, in collusion with Tiger Woods” and others.

The law firm Skadden Arps represented the Tour in this matter.

 

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