An attorney representing the men being sued by Jack Nicklaus for defamation drew fits of laughter from the jury when he suggested he could impeach the golf legend for suggesting Happy Gilmore 2 is “actually funny”, according to a report.
Nicklaus is currently embroiled in a multifaceted legal dispute with his former business partners – including the billionaire banker Howard Milstein – and the company he co-founded, Nicklaus Companies LLC.
The conflict arose over the 18-time major champion’s efforts to reclaim control over his name, image and likeness as well as his professional activities in designing golf courses after he left the company in 2022.
That dispute ended with Nicklaus, now 85, winning the case against the company that bears his name.
But he wasn’t content to end the matter there and has decided to sue Milstein, Andrew O’Brien and the Nicklaus Companies LLC for defamation of character.
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Lawyers for Nicklaus argue they have spread false stories about the golfer. They say the defamatory statements were included in the initial lawsuit and were repeated elsewhere by several publications, harming his reputation.
The false and defamatory statements alleged are:
That Nicklaus sought to negotiate a $750m deal to be the face of the Saudi-backed LIV GolfThat Nicklaus was no longer fit to manage his affairsThat Nicklaus was suffering from dementiaJack Nicklaus takes the stand
According to the Palm Beach Post, Nicklaus gave evidence in front of a jury this week.
The report states that instead of trying to catch Nicklaus in contradictions, attorneys for the defendants sought to paint a picture whereby the Golden Bear is still admired.
In other words, he is still regarded as the G.O.A.T and his reputation has not been damaged at all.
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Attorney Barry Postman argued that if the company and the defendants were actually interested in drumming up negative publicity about Nicklaus then they would have simply “just sent out a press release”.
The lawyer reportedly said that Nicklaus still annually hosts the Memorial Tournament on the PGA Tour, appears on television and still earns appearance fees.
The back-and-forth also included a moment of pure comedy when Postman also pointed out Nicklaus had a role in Happy Gilmore 2.
The comedy, starring Adam Sandler, featured an extensive line-up of current and former professional golfers.
That Nicklaus was invited to feature underlined his enduring relevance, Postman pointed out.
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Nicklaus told the judge, Reid Scott, the film is “actually funny”.
Postman joked he could impeach Nicklaus for saying so – sparking laughter from the jury.
Closing arguments in the trial are expected to be heard on 20 October.
Explained, the Jack Nicklaus legal situation
Jack Nicklaus co-founded the Nicklaus Companies in 2007 and sold a minority stake to Milstein for $145m.
Milstein eventually gained full control but Nicklaus resigned in 2017.
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A non-compete agreement in his contract prevented him from engaging in golf course design independently for five years.
After it expired, Nicklaus sought arbitration to clarify his rights.
In July 2024, a judge ruled Nicklaus was no longer bound by the non-compete.
A month later, Nicklaus sued Milstein, O’Brien and Nicklaus Companies for defamation.
In the initial court documents, it was claimed that Nicklaus considered joining the PIF-backed LIV but had to be “saved from himself”.
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Nicklaus argued these statements have damaged his reputation and professional opportunities.
The trial began in early September.
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