Golf legend Tiger Woods‘ ex-girlfriend Erica Herman is not giving up her battle against the 15-time major champion. Herman filed a request with the state of Florida to reconsider the recent ruling that her dispute with the golfer remain in private arbitration.
Herman’s Legal Team Believes Judge’s Ruling Wasn’t Fair
According to documents filed by Herman’s lawyer, the ask for reconsideration states there were at least four issues that were either overlooked or not considered in Judge Elizabeth Metzger’s ruling on May 17 in favor of Woods.
“The U.S. Supreme Court has consistently held that a party cannot be forced to arbitrate without a finding that she agreed to do so, which means that in this case — with no evidence in the record — arbitration should not be compelled, or, at a minimum, an evidentiary hearing should be held,” said the document filed by Herman’s attorney, Benjamin Hodas.
Herman’s legal team filed a request earlier this year to have the non-disclosure agreement she signed with Woods nullified due to the federal Speak Out Act that provides exceptions if there is evidence of sexual harassment or assault.
In Judge Metzger’s ruling she called Herman’s sexual assault claim against Woods “vague and threadbare.”
“Herman has had the opportunity [to] provide factual specificity for any claim relating to sexual assault or sexual harassment, however, she has not done so,” Metzger wrote in her ruling.
Neither Herman or her attorney have denied that an NDA was signed.
In the initial response to Herman’s filing, Woods’ attorney said the NDA is “valid on its face” and Judge Metzger agreed.
“Importantly, Herman has not ‘denied’ that her signature is on the NDA,” the judge ruled on May 17. “Herman additionally has not ‘denied’ that the clear terms of the NDA require the resolution of her disputes, claims or controversies with Woods via binding, confidential arbitration.”
How Did A Breakup Get Here?
The initial filing from Herman stems from what seems like a messy breakup last October where Herman claims Woods tricked her into being locked out of his palatial estate in Hobe Sound, Florida, where they lived together for six years.
According to Herman, Woods’ team told her to pack a suitcase for a vacation and when they dropped her off at the airport they told her she was being locked out.
She filed a lawsuit claiming her ouster violated an oral tenancy agreement she had to remain in the residence for several more years. She claimed more than $30 million damages in the lawsuit, filed against the trust that he established for his home. The $30 million figure is “reasonable rental value” of the home for five years, according to Herman.
The latest lawsuit filed in March against Woods himself, is to release her from the NDA, citing the Speak Out Act that invalidate NDAs and forced arbitration agreements in cases of sexual assault or sexual harassment.
The basis for this suit is that Herman was an employee at Woods’ restaurant in Jupiter, Florida when he pursued a sexual relationship with her. Her lawyer claims she was forced to sign an NDA or risk being fired.
Woods and Herman and their respective legal teams await the word from the Florida state court.
