Judge Rules Tiger Woods' Ex-Girlfriend Must Abide by NDA
Circuit Judge Elizabeth Metzger rejected Erica Herman's attempt to quash the 2017 agreement by saying Tiger Woods had committed sexual harassment against her, calling Herman's allegations "vague and threadbare."
May 18, 2023 at 12:47 PM
4 minute read
Cases and CourtsA Florida judge ruled that the ex-girlfriend of Tiger Woods must abide by a nondisclosure agreement she purportedly signed and resolve her lawsuits seeking millions from the golf superstar through private arbitration behind closed doors.
Circuit Judge Elizabeth Metzger, in an 11-page opinion, rejected Erica Herman's attempt to quash the 2017 agreement by saying Woods had committed sexual harassment against her, calling Herman's allegations "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.
Metzger also said that the evidence shows that a nondisclosure agreement was negotiated between Herman and Woods in 2017, even if her attorney, Benjamin Hodas, now questions whether she actually signed it.
At a May 9 hearing, Hodas conceded that Herman signed an agreement, but he said she doesn't remember ever seeing the one Woods' attorneys presented to the court.
Metzger said that if Herman unequivocally denied signing the agreement, she would have ordered a hearing on that issue. But since Herman isn't sure if she signed it or not, that is a question for the arbitrator to decide.
Nether Hodas nor Woods' attorney, J.B. Murray, immediately responded to late Wednesday emails seeking comment. It is unknown of Hodas will appeal.
Herman, 39, had sued both Woods, 47, and the trust that owns his $54 million Florida mansion, seeking $30 million from the latter amid unspecified allegations of sexual harassment. Forbes Magazine estimates Woods' net worth at $1.1 billion.
Herman, who managed Woods' Palm Beach County restaurant before and during the first years of their romantic relationship, argues that the nondisclosure agreement is unenforceable under a new federal law that says such contracts can be voided when sexual abuse or sexual harassment occurred.
She alleged in court documents that Woods threatened to fire her if she didn't sign a nondisclosure agreement. Hodas argued that is a type of harassment, treating one employee different than others because they have a sexual relationship.
But the sexual harassment allegation was barely mentioned during last week's hearing. Metzger told Hodas she needed more information about what allegedly happened to consider it. Hodas said he couldn't provide more information publicly in fear that he would be violating the nondisclosure agreement if it is ultimately upheld.
Murray has called the allegation "utterly meritless."
In Herman's lawsuit against Woods, she asked Metzger to either void the nondisclosure agreement or at least give her guidance about what she can say publicly. She also argued that the contract covers only her work relationship with Woods, not their personal matters.
In her unlawful-eviction lawsuit against the trust, she is basing her $30 million claim on how much it would cost to rent a property like Woods' beachfront mansion north of Palm Beach for the six years of residence she was allegedly promised by the golfer and then denied.
Before they dated, Woods hired Herman in 2014 to help develop and then operate the golfer's The Woods sports bar and restaurant in nearby Jupiter — but they do not agree when their romantic relationship and cohabitation began.
Herman says in her court filings that their romantic relationship began in 2015 and that in late 2016 she moved into Woods' nearly 30,000-square-foot (2,800-square-meter) mansion in the ritzy Hobe Sound community. She says that in 2017, Woods verbally promised she could live there at least 11 more years. Herman says Woods pressured her to quit the job in 2020 so she could spend more time taking care of him and his children.
Woods, in his court documents, says their romantic relationship began in 2017 and that she moved in with him that August, about the time the disputed nondisclosure agreement was signed. In March 2017, Woods had put the mansion into the Jupiter Island Irrevocable Homestead Trust, an entity he created that has only himself and his two children as beneficiaries.
Terry Spencer reports for the Associated Press.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllDivided State Court Reinstates Dispute Over Replacement Vehicles Fees
5 minute readSecond Circuit Ruling Expands VPPA Scope: What Organizations Need to Know
6 minute read'They Got All Bent Out of Shape:' Parkland Lawyers Clash With Each Other
Courts of Appeal Conflicted Over Rule 1.442(c)(3) When Claims for Damages Involve a Husband and Wife
Trending Stories
- 1Davis Polk Expands California Footprint
- 2Departures, Layoffs and Breakups at the Likes of Kirkland, Skadden and Mayer Brown: Asia's Top Stories 2024
- 3Miami Beach Hotel Sues Celebrity Rabbi Shmuley Boteach, Asserts It Won’t Be ‘Extorted'
- 4'Unlawful Release'?: Judge Grants Preliminary Injunction in NASCAR Antitrust Lawsuit
- 5California Supreme Court to Weigh Reach of Peremptory Challenge Law
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250