LIV Golf Files Motion to Deny Tour’s Amendment Request, Citing Futility, Unfair Prejudice, and Intention to Delay

LIV Golf’s attorneys filed a motion in the US District Court for Northern California on Monday, claiming the Tour’s motion to amend should be denied due to futility, unfair prejudice, and the intention to inappropriately delay the case and resolution of Plaintiffs’ antitrust claims.^[0] The attorneys also revealed that the Tour’s conduct has “driven up [LIV Golf’s] costs by hundreds of millions of dollars” and caused their revenue to drop to “virtually zero.”

The Tour has allegedly damaged LIV Golf’s brand, suspended two of its players – Matt Jones and Peter Uihlein – and banned them from the PGA Tour, the European Tour, and other international tournaments, which in turn has caused them to lose the playing opportunities they had earned.

Atul Khosla, LIV Golf’s former COO and president, told ESPN in October that the Public Investment Fund (PIF) spent around $784 million on the circuit’s first season, covering employee salaries, production costs, and the build-out of the league’s website.^[1]

The LIV Golf League is set to begin its second season on Feb. 24-26 at El Camaleon Golf Course in Mayakoba, Mexico, featuring 14 tournaments.^[2]

However, the PGA Tour has requested to delay the Jan. 2024 trial date for its countersuit against LIV Golf on the basis of the PIF and Al-Rumayyan’s failure to comply with discovery and depositions.^[3]

To hear arguments from both sides, US District Court Judge Beth Labson Freeman has scheduled a Feb. 24 case management conference.^[1]

Beginning on Monday, a three-person arbitration panel will hold a five-day hearing featuring arguments from lawyers representing a collective of 13 LIV Golf players and the DP World Tour, in an effort to determine the playing status of the former on the latter.^[4] Initially, 16 players appealed against the decision, but Sergio García, Charl Schwartzel, and Branden Grace have since withdrawn from the case.^[5]

0. “LIV Golf Had ‘Zero' Revenue After Spending Well Over $1 Billion Last Year” OutKick , 7 Feb. 2023, https://www.outkick.com/liv-golf-zero-revenue-spending-1-billion-first-year

1. “LIV Golf’s 2022 revenue ‘virtually zero’ according to attorneys after spending $784 million in the first season” Sportskeeda, 8 Feb. 2023, https://www.sportskeeda.com/golf/news-liv-golf-s-2022-revenue-virtually-zero-according-attorneys-spending-784-million-first-season

2. “LIV Golf: Attorneys make EMBARRASSING revenue confession” Golfmagic.com, 7 Feb. 2023, https://www.golfmagic.com/liv-golf/virtually-zero-liv-golf-attorneys-make-embarrassing-revenue-confession

3. “LIV Golf lawyers admit tour generated ‘virtually zero' revenue in first season” The Irish Times, 7 Feb. 2023, https://www.irishtimes.com/sport/golf/2023/02/07/liv-golf-lawyers-admit-tour-generated-virtually-zero-revenue-in-first-season/

4. “DP World Tour and LIV Golf go to court in London over playing rights” The Guardian, 5 Feb. 2023, https://www.theguardian.com/sport/2023/feb/05/dp-world-tour-goes-to-court-in-london-with-liv-golf-over-playing-rights

5. “DP World Tour vs LIV Golf players hearing: What is happening and what could the outcome be?” Sky Sports, 7 Feb. 2023, https://www.skysports.com/golf/news/12176/12804429/dp-world-tour-vs-liv-golf-players-hearing-what-is-happening-and-what-could-the-outcome-be