Tiger Woods' lawyers call Erica Herman a 'jilted ex-girlfriend' in a new court filing that argues she has no claims of sexual harassment
Photo by Scott Halleran/PGA TOUR
- Tiger Woods' ex-girlfriend is trying to get her NDA with the golfer voided.
- She claims a federal law that nullifies NDAs in sexual assault or harassment disputes applies.
- Woods' attorneys argue the federal law doesn't apply becasue Herman has made no such claims.
Attorneys for Tiger Woods slammed his former lover as a "jilted ex-girlfriend" in new court documents arguing that she has no claims of sexual harassment against the golf legend.
Woods' ex-girlfriend, Erica Herman, sued the trust that owns Woods' Jupiter, Florida home in October, when he broke up with her and kicked her out of the house — which she claims was a violation of an oral agreement the pair had to let her live rent-free at the home for a certain number of years.
Woods' attorneys have argued that Herman sued the trust to get around her non-disclosure agreement with Woods, which would have forced her to arbitrate any issues with him. In a separate action last week, Herman petitioned to get the NDA thrown out on the basis of the federal "Speak Out Act" law that nullifies such agreements in cases where sexual assault or harassment is alleged. However, Herman made no specific reference in the filing to what kind of sexual assault or harassment claims she plans to make.
On Monday, Woods' attorneys filed a motion, asking the court to determine that Herman is not allowed to use the sexual assault/harassment dispute loophole to get out of arbitration.
Woods' attorneys wrote that the purpose of the "Speak Out Act" was to "prevent those accused of sexual harassment or sexual assault from relying on arbitration agreements to force sexual harassment or sexual assault disputes into confidential proceedings outside the public eye."
Woods attorneys argue that the act is narrowly tailored to claims of sexual assault or harassment, not unrelated lawsuits that simply make "references" to sexual assault or harassment in a court filing.
"Here, Ms. Herman's claims relate to a lease dispute under Florida's landlord-tenant act, not a sexual harassment or sexual assault dispute under Federal, Tribal, or state law," Woods' attorneys wrote.
"Ms. Herman is not a victim of sexual assault or abuse sought to be protected by Congress when enacting the statute," Woods' lawyers wrote. "Rather, Ms. Herman is a jilted ex-girlfriend who wants to publicly litigate specious claims in court, rather than honor her commitment to arbitrate disputes in a confidential arbitration proceeding."
In her original lawsuit, Herman alleges she was tricked into moving out of the home after the pair broke up, but admits that Woods paid for a hotel and "certain expenses for a short period of time" after their relationship ended. Woods' attorneys said in another court filing last week, in which Woods sought to join the lawsuit as a defendant, that he put her up in a luxury resort after their break-up and "provided funds she could apply toward a new residence."