Judge rejects Tiger Woods' ex's attempt to quash NDA

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A Florida judge ruled Wednesday that Tiger Woods’ former girlfriend Erica Herman must abide by the nondisclosure agreement she purportedly signed and resolve her lawsuits through private arbitration.

Circuit Judge Elizabeth Metzger rejected Herman’s attempt to quash the 2017 agreement by alleging 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 as part of her 11-page opinion.

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Tiger Woods and girlfriend Erica Herman on the 18th green during the JP McManus Pro-Am at Adare Manor, Limerick, Ireland, Monday, July, 4, 2022. (AP Photo/Peter Morrison, FIle)

Whether Herman actually signed the NDA had also come into question over the course of the litigation.

Metzger said that the evidence shows that the NDA was negotiated between Herman and Woods in 2017 even if her attorney, Benjamin Hodas, now questions whether she actually signed it. On May 9, Hodas conceded that Herman signed an agreement, but he said she does not remember ever seeing that one Woods’ attorneys presented to the court.

Metzger said that if Herman unequivocally denied signing the NDA, she would have ordered a hearing on the issue. However, since Herman is not sure if she signed it or not, that should be up to a private arbitrator to decide.

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Tiger Woods, right, with his daughter Sam Alexis Woods and his then-girlfriend Erica Herman walk along the Colonnade following a ceremony when then-President Trump awarded the Presidential Medal of Freedom to Tiger Woods at the White House in Washington, on May 6, 2019. (AP Photo/Manuel Balce Ceneta, File)

Herman sued Woods and the trust that owns his estate in Florida, seeking $30 million from the latter amid unspecified allegations of sexual harassment. She cited the Speak Out Act, which "prohibits the judicial enforceability of a nondisclosure clause or nondisparagement clause agreed to before a dispute arises involving sexual assault or sexual harassment in violation of federal, tribal, or state law."

Herman alleged that Woods threatened to fire her from the restaurant she worked at if she did not sign the NDA. Hodas argued that is a type of harassment, treating an employee different from others because of a sexual relationship. Metzger told Hodas she needed more information about what allegedly happened to consider it. Hodas said he could not provide more information in fear of violating the NDA.

Woods’ attorney J.B. Murray called the allegation "utterly meritless."

Tiger Woods and Erica Herman cheer on Rafael Nadal at 2019 US Open in New York City. (Gotham/GC Images)

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Herman asked in the lawsuit for a judge to void the NDA or give her guidance what she could say publicly.

The Associated Press contributed to this report.