Swiss tennis star Martina Hingis has had her $40 million lawsuit against an Italian sports shoe company whose footwear allegedly hurt her feet thrown out by a US court.

A judge in New York dismissed the case between Hingis and Sergio Tacchini on the grounds that similar legal action is pending in Italy.

Hingis, who in 1996 signed a $5.6m deal with Tacchini, filed the lawsuit in 1999 claiming its shoes damaged her feet during the US Open. Tacchini had earlier sued the star for not wearing its apparel at a match.

The case is now expected to be heard in Milan in the next few months.