Judge unsure of claims by Woods’ ex-girlfriend
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.