Erica Herman will not give up on Tiger Woods.
She asked for a reconsideration of the case after a Florida judge rejected it in May. However, the same judge denied her request on June 2.
She has filed an appeal to prolong a case in which Woods was accused of sexual harassment. Details of the messy breakup she had with Woods back in October were also revealed.
Herman, Woods’ ex-girlfriend filed an appeal notice Friday stating that she will take her case to Florida’s Fourth District Court of Appeal, according to records obtained by USA Today Sports. Her lawsuit seeks her release from the nondisclosure (NDA), which she allegedly agreed to with Woods in 2017.
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Tiger Woods reacts to a shot into the seventh green in the second round at The Masters. (Photo: Michael Madrid – USA TODAY Network).
Why does she do this?
Benjamin Hodas, her attorney, contests the validity of the NDA which required Woods to keep his private life confidential. Her attorney, Benjamin Hodas, disputes the validity of the NDA which required her to keep Woods’ private life confidential.
Herman, however, said that she didn’t sign it. She even cited the new federal laws which invalidate NDAs as well as forced arbitration agreements when sexual harassment or assault is involved.
However, Judge Elizabeth Metzger did not buy these arguments. Woods won the case and it was sent back to private arbitrage. She also noted that Herman never denied signing the document.
She will likely argue, by appealing the case that the judge was incorrect and that it wasn’t proven with evidence that NDA was valid. She hasn’t yet filed arguments for the appeal. Woods’ attorney did not immediately respond to a request for comment, but has denied that the allegation of sexual harassment stemmed from Woods’ restaurant in Florida.
She stated in court documents that Woods had a sexual relationship when she worked for him, and then forced her sign an NDA regarding it, or she would be fired from her position if she didn’t.
Tiger Woods and Erica Herman, both from the United States, leave the opening ceremony of the 2018 Ryder Cup on September 27, 2018, at Le Golf National in Paris. (Photo by Stuart Franklin/Getty Images).
Why is she leaving the NDA?
She claimed that after her split with Woods, in October of last year, she was locked out of the residence they shared on Florida’s Treasure Coast. She claimed that this was a violation of an oral agreement to rent the house for several years. She sued the trust Woods set up for the residence and claimed damages of $30 million.
In March, she sued Woods for allegedly violating the NDA.
The lawsuit says that “Because the Defendant has used the Woods NDA aggressively against her and because the trust is under his control, Plaintiff is uncertain whether she can disclose, amongst other things, various facts which she believes give rise to legal claims.” She is also unsure of what information she can share about herself or with whom.
She hoped that the court would declare the NDA invalid or unenforceable. The judge said no.
The same judge could dismiss her separate lawsuit against trust soon. Woods’ lawyer said that there was no oral agreement for tenancy and offered his own theory as to why Herman took her dispute before a public court rather than resolving in private arbitration, as required by NDA.
In a December court document, his attorney stated that Ms. Herman was violating her obligation to settle all disputes with Mr. Woods through a confidential and binding arbitration. In the context of litigation, and the publicity which is likely to ensue, Ms. Herman seeks to improperly leverage a payment that would never be awarded by an arbitral tribunal.
Follow reporter Brent Schrotenboer @Schrotenboer. Email: [email protected]
