Tiger Woods' ex-girlfriend filed a lawsuit this week that includes a form with questions to be answered by her attorney. One of them gets right to the point: “Does this case involve allegations of sexual abuse?” “Yes,” responded the attorney.
After several years together, Woods broke up with Herman in October, according to court records obtained by USA TODAY Sports. She stated he had her locked out of the seaside mansion they shared in Florida, leading her to claim more than $30 million in damages.
“By suing the Trust over conduct taken by Mr. Woods and his agents following the breakup, Ms. Herman seeks to flout her obligation to resolve all disputes with Mr. Woods in a confidential binding arbitration,” an attorney for the trust wrote in December. “Instead, in the context of litigation and the publicity that is likely to follow, Ms. Herman improperly seeks to leverage a payment from Mr. Woods in an amount that no arbitral forum would ever award. Such gamesmanship should not be tolerated.
“The duties that were performed by, and expected of, Plaintiff were extensive and of an extraordinary nature in light of the overall circumstances and environment in which she lived,” her lawsuit against the trust stated. Herman doesn’t necessarily have to prove sexual assault or harassment to get her NDA set aside, Mouchette said. This is where it could get ugly, however.
The law generally says that no nondisclosure clause shall be judicially enforceable with respect to a sexual assault or harassment dispute that arose after the NDA was signed.
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