Chattanooga Times Free Press

Judge unsure of claims by Woods’ ex-girlfriend

- BY TERRY SPENCER

STUART, Fla. — A Florida judge appeared skeptical Tuesday to arguments made by an attorney for superstar golfer Tiger Woods’ ex-girlfriend Erica Herman, who is trying to invalidate a nondisclos­ure agreement that would require the ongoing legal disputes between the two be decided privately by an arbitrator.

During a 45-minute hearing, Circuit Judge Elizabeth Metzger repeatedly questioned why the mandatory arbitratio­n clause in the couple’s disputed agreement wouldn’t invalidate Herman’s lawsuit against Woods. She even appeared to agree with Woods’ attorney, J.B. Murray, that even the question of whether Herman actually signed the August 2017 document or her signature is forged should, for now, be left to an arbitrator.

Neither Herman nor Woods was present. Herman, 39, is suing 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.

“Contract law tells me I look at the document and I ask, ‘Is it valid on its face?’ I’ve got dates, I’ve got signatures, I’ve got terms,” Metzger said. Given that, she asked Herman attorney Benjamin Hodas, what choice did she have but to invalidate the lawsuit and require that Herman take the case to arbitratio­n if she wants to pursue it further?

At the least, Hodas asked that Metzger conduct a future hearing to determine whether his client signed the document or it was forged. He acknowledg­ed that Herman signed a nondisclos­ure agreement at some point, but said the one presented by Woods’ attorneys may not be the true contract.

“We don’t know,” Hodas told Metzger. “My client cannot say for certain that is her signature and she does not recall signing this document.”

Murray called the dispute over the signature “a bit of a red herring.”

“One thing you did not hear Mr. Hodas say is that she did not sign it,” Murray said. “They are not bold enough.”

Metzger said she would issue her decision in writing, but did not say when.

Herman is suing Woods to get out of the agreement, saying she was the victim of his sexual harassment. She has also filed a separate illegal eviction lawsuit against the trust that owns the mansion.

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 alleges in court documents that Woods threatened to fire her if she didn’t sign a nondisclos­ure agreement. Hodas argues that is a type of harassment, treating one employee different that others because they have a sexual relationsh­ip.

But the sexual harassment allegation was barely mentioned during Tuesday’s hearing. Metzger told Hodas she needed more informatio­n about what allegedly happened to consider it. He said he couldn’t provide more informatio­n publicly in fear that he would be violating the nondisclos­ure agreement if it is ultimately upheld.

In Herman’s lawsuit against Woods, she wants Metzger to either void the nondisclos­ure agreement or at least give her guidance about what she can say publicly.

 ?? ?? Erica Herman
Erica Herman
 ?? ?? Tiger Woods
Tiger Woods

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