LIV v. PGA Tour: Tweets from the Courtroom
Alan Shipnuck fired off live-tweets from inside the Robert F. Peckham courthouse during Tuesday's hearing on the temporary restraining order being sought by LIV golf players against the PGA Tour
It was a gift from the content gods that the players of LIV Golf chose to take on the PGA Tour in the U.S. District Court for the Northern District of California, an easy drive from my home in Carmel. On Tuesday, I sat in the courtroom for the hearing on the temporary restraining order being sought by Talor Gooch, Matt Jones and Hudson Swafford, as they attempted to strong-arm their way into the FedEx Cup playoffs. Courtroom One, on the fifth floor, was an impressive setting, with its sober dignity. The legal points flew fast and furious, the army of lawyers from each side jousting with Judge Beth Freeman, a 32 handicap who presided with a twinkle in her eye. In addition to all the live tweets and an instant reaction video I filmed on the street, I typed a story for the website and was part of a Fire Drill podcast with Matt Ginella and Peter Ginsberg, a preeminent sports lawyer who has had many dealings with the Tour. It was an eventful day, for the game and those of us who cover it.
We here. pic.twitter.com/38cHWIjSjN
— Alan Shipnuck (@AlanShipnuck) August 9, 2022
I'm in the courtroom. It's tense! The court announced the case as "Mike-elson" vs. the PGA Tour lol. The lawyers' suits are beautiful - Italian cut, hints of silk.
— Alan Shipnuck (@AlanShipnuck) August 9, 2022
...offers a little more daylight on the larger issue of antitrust. But just a little, noting that LIV has already successfully entered the marketplace.
— Alan Shipnuck (@AlanShipnuck) August 9, 2022
Now the judge is going in on the PGA Tour's "strong-arming" of various vendors to not work with LIV, saying that needs further investigation.
— Alan Shipnuck (@AlanShipnuck) August 9, 2022
Oh shit! Judge Freeman just said she is inclined to let the 3 plaintiffs play this week while this all gets further sorted out.
— Alan Shipnuck (@AlanShipnuck) August 9, 2022
This is Alan Shipnuck, live from the 5th Floor of the federal courthouse in San Jose, Cal. I'm in the house for Mickelson et al v. the PGA Tour. We are currently wrangling about the secrecy of the LIV contracts for the three players involved. Let the numbers breathe!
— Fire Pit Collective (@firepitstories) August 9, 2022
Opening remarks for the plaintiffs. A very smooth lawyer is explaining the timeline of the Tour's disciplinary action and why it took this long for the players to file their temporary restraining order. It took 5 steps behind-the-scenes, and the Tour is being accused of slow play
— Fire Pit Collective (@firepitstories) August 9, 2022
No players in the house - Hudson Swafford, one of the plaintiffs, is flying into Memphis right now! https://t.co/z551XYf2Mj
— Fire Pit Collective (@firepitstories) August 9, 2022
Talor Gooch's correspondence with the Tour is being cited at length. When we think of the most impactful golfers of all time, the list now reads: Jones, Palmer, Woods, Gooch.
— Fire Pit Collective (@firepitstories) August 9, 2022
My first impression of Judge Beth Labson Freeman is that she is an absolute G.
— Fire Pit Collective (@firepitstories) August 9, 2022
Now counsel is lecturing the judge that the FedEx Cup is the "Super Bowl of golf." Is it contempt of court if I scream out in agony?
— Fire Pit Collective (@firepitstories) August 9, 2022
That is being referred to the Hague for crimes against humanity. https://t.co/yYeRyj9Y14
— Fire Pit Collective (@firepitstories) August 9, 2022
Judge Freeman cuts to the chase, saying the players don't need a TRO to play this week b/c she can always award monetary damages later. Plaintiff's lawyer is now using Tour's hyperbole against the Tour, citing its own language that the FedEx Cup's prestige transcends $$. Juicy!
— Fire Pit Collective (@firepitstories) August 9, 2022
Plaintiff's lawyer is now hammering the point that the FedEx Cup is the gateway to qualifying for the major championships and that not giving the LIV players that opportunity is especially important bc it is now their best shot. Judge seems somewhat sympathetic on this point.
— Fire Pit Collective (@firepitstories) August 9, 2022
Now, the plaintiff's lawyer is addressing the "stench" and "taint" of having three Saudi-backed players compete in the FedEx Cup since the PGA Tour has authorized top players to play Saudi International. And that many of Tour's biggest sponsors do big business in Saudi Arabia.
— Fire Pit Collective (@firepitstories) August 9, 2022
I should point out this was a throwaway line for which no numbers were supplied. There are various ways the LIV money can be moved around on the front end and back end.
— Fire Pit Collective (@firepitstories) August 9, 2022
Plaintiff's lawyer is making some headway with the argument that Tour regulation VII.E.2 allows player to continue competing while any suspension from tournament play is under appeal.
— Fire Pit Collective (@firepitstories) August 9, 2022
Judge Freeman is trying to speed up the plaintiffs' lawyer, saying she is mindful of the clock. But the clock in the courtroom is an hour ahead! Government efficiency at its finest.
— Fire Pit Collective (@firepitstories) August 9, 2022
Devastating, because I'm having an excellent hair day. https://t.co/aO7ZrZFiQ5
— Fire Pit Collective (@firepitstories) August 9, 2022
They'll be on the 1st tee at Memphis Country Club. Alas, the tournament is being held at TPC Southwind. https://t.co/rTM0fLY60H
— Fire Pit Collective (@firepitstories) August 9, 2022
Are there really sickos out there watching this for fun? I'm here because it's my job! https://t.co/XFUY5UxzoD
— Fire Pit Collective (@firepitstories) August 9, 2022
Judge asks a fundamental questions: what is the public interest here? Plaintiffs' lawyer says it is a bedrock American value that independent contractors have the opportunity to maximize their value in the marketplace, whether they are "golfers or electricians."
— Fire Pit Collective (@firepitstories) August 9, 2022
The plaintiffs rest their case. I found it persuasive and well thought-out, particularly on the point that Tour rules allow players to keep playing while they appeal a suspension. As the lawyer said, Just follow your rules. This gives the judge an out on the narrow issue of a TRO
— Fire Pit Collective (@firepitstories) August 9, 2022
The defense attorney is now up. Big voice. Seems a little feisty. I like it.
— Fire Pit Collective (@firepitstories) August 9, 2022
I love this. https://t.co/K7mHzwipEB
— Fire Pit Collective (@firepitstories) August 9, 2022
Sidenote: I love that Judge Freeman calls it "L-I-V."
— Fire Pit Collective (@firepitstories) August 9, 2022
Defense lawyer notes that if you win the FedEx Cup you get $18 million. He says that pales compared to what Taylor Gooch got just for signing with LIV - "and the court knows what that it is." Unseal the contracts!
— Fire Pit Collective (@firepitstories) August 9, 2022
Defense attorney doing a solid job pointing out all the LIV golfers who decided not to sign on to this TRO. Begs the question, Why have only these three been harmed?
— Fire Pit Collective (@firepitstories) August 9, 2022
When he inevitably does we all drink Jose Cuervo, right? https://t.co/LzdExTc2U3
— Fire Pit Collective (@firepitstories) August 9, 2022
Defense attorney on refuting the idea that Tour regulation VII.E.2 allows the players to keep competing while appealing their suspensions: "Oh, boy!" He can't wait to get there.
— Fire Pit Collective (@firepitstories) August 9, 2022
You gotta love jurisprudence: a 1973 court case involving Billie Jean King keeps getting cited. It's like golf nerds dissecting the 1960 U.S. Open.
— Fire Pit Collective (@firepitstories) August 9, 2022
Defense attorney is quite persuasive on the point that the plaintiffs have already been paid handsomely to play LIV so where is the harm in not playing the FedEx Cup? Even so, any such harm is "calculable" so they could always be compensated later.
— Fire Pit Collective (@firepitstories) August 9, 2022
I like the Tour's position here that they would suffer irreparable harm if LIV players are allowed to promote LIV Golf at the PGA Tour's premiere events.
— Fire Pit Collective (@firepitstories) August 9, 2022
Defense attorney flashes a slide that shows five of the top 10 in the PIP are now with LIV and says he is not thrilled to report that "the competition is fierce." Also cites that the number of "elite" golfer (not defined) went 15-13 for LIV vs. the Rocket Mortgage.
— Fire Pit Collective (@firepitstories) August 9, 2022
We are an hour and half in. My butt is sore on this wooden bench, my neck is stiff, my fingers are tired and my bladder is distended. But this is a f*cking blast!
— Fire Pit Collective (@firepitstories) August 9, 2022
Lawyer: The commissioner has to have this discretion so they don't harm other Tour members and to protect the Tour from a person who has indicated a willingness to repeatedly violate Tour rules. "A dire situation for the Tour" bc LIV players are breaking Tour rules every week.
— Fire Pit Collective (@firepitstories) August 9, 2022
Ten minutes ago that was true but the Judge is scolding the defense attorney for his broad interpretation of the Tour Commissioner's power to unilaterally suspend. Feels like the TRO may hinge on this. The judge just said the Tour's regulations "fall apart" under scrutiny. https://t.co/ltFOSgiHFS
— Fire Pit Collective (@firepitstories) August 9, 2022
This is fascinating stuff. Thanks for following along! https://t.co/u5QkrU4NlS
— Fire Pit Collective (@firepitstories) August 9, 2022
Yeah, it's so fun to watch the lawyers do the macarena around under Judge Freeman's withering gaze. https://t.co/XIWgWp4ZQq
— Fire Pit Collective (@firepitstories) August 9, 2022
Defense has rested and the plaintiffs are now going through their final points. Winter is coming.
— Fire Pit Collective (@firepitstories) August 9, 2022
Plaintiff lawyer says the Gooch, Swafford and Jones "absolutely will not" wear LIV gear at any FedEx Cup events, damaging one of the Tour's "irreparable harm" arguments.
— Fire Pit Collective (@firepitstories) August 9, 2022
15 minute break! Judge Freeman will gather her thoughts and then a ruling is coming. The drama!!!
— Fire Pit Collective (@firepitstories) August 9, 2022
Okay, I polled a half dozen randos in the hallway and opinion is split on which way this goes. Proving "irreparable harm" for a TRO is a high threshold. Access to the majors is a huge deal. Does the Commish have absolute power? My gut says the judge lets 'em play. We shall see.
— Fire Pit Collective (@firepitstories) August 9, 2022
— Fire Pit Collective (@firepitstories) August 9, 2022
Ehhh, no. But the LIV guys may get frostbite in Memphis in August. https://t.co/VHszPapz6E
— Fire Pit Collective (@firepitstories) August 9, 2022
Tense vibe here in the courtroom, waiting. Ruminating. Stewing. Plotting. Wait, Judge Freeman is back. I am aflutter!
— Fire Pit Collective (@firepitstories) August 9, 2022
With more nuance: the plaintiffs did not prove "irreparable harm" because they have ample playing opportunities with LIV and their upfront LIV money factored in the possibility they wouldn't be able to play in the FedEx Cup (and major championships).
— Fire Pit Collective (@firepitstories) August 9, 2022
Judge Freeman is now laying out a timeline for the larger anti-trust litigation. That trial is now tentatively set for next September. Crikey, buckle up.
— Fire Pit Collective (@firepitstories) August 9, 2022
That was fun, y’all. Thanks for following along. This evening we’re gonna tape a pod (surprise guest!) and I’ll type a story so watch this space for more coverage of the courtroom (melo)drama. Remember, I’m not a lawyer I just play one on the Internet. -Shipnuck
— Fire Pit Collective (@firepitstories) August 9, 2022
Quick Spark Notes recap of the day in court⚡️@AlanShipnuck pic.twitter.com/6FnWzX53i3
— Fire Pit Collective (@firepitstories) August 9, 2022
The PGA Tour won the first (but certainly not last) legal skirmish versus LIV Golf. @AlanShipnuck reports on what it felt like in the courtroom. https://t.co/4nTQuSuh8L
— Fire Pit Collective (@firepitstories) August 10, 2022
Fire Drill 037:
Alan Shipnuck discusses the day's developments with Matt Ginella and Peter Ginsberg, a preeminent sports lawyer who has often dealt with the Tour.