Erica Herman, the ex-girlfriend of Tiger Woods, has reportedly asked a court to reconsider its ruling that their legal battle must be resolved through private arbitration.
A Florida judge ruled last month Herman must abide by the nondisclosure agreement she purportedly signed and resolve her lawsuits privately.
An attorney for Herman filed the reconsideration request on Wednesday, according to USA Today.
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Tiger Woods poses with Erica Herman during a practice. (REUTERS/Paul Childs)
“The U.S. Supreme Court has consistently held that a party cannot be forced to arbitrate without a finding that she agreed to do so, which means that in this case — with no evidence in the record — arbitration should not be compelled, or, at a minimum, an evidentiary hearing should be held,” the document filed by Herman’s attorney, Benjamin Hodas, states.
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.
Tiger Woods and girlfriend Erica Herman appear prior to a game between the UCF Knights and the Stanford Cardinal at Spectrum Stadium in Orlando, Fla., on Sept. 14, 2019. (Douglas DeFelice/USA Today Sports)
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 differently 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 for fear of violating the NDA.
Whether Herman actually signed the NDA had also come into question over the course of the litigation.
Metzger also noted that Herman, who says she doesn’t remember signing the NDA, hasn’t denied doing so.
Tiger Woods and girlfriend Erica Herman celebrate after winning the Presidents Cup 16-14 at Royal Melbourne Golf Course in Melbourne, Australia, on Dec. 15, 2019. (Warren Little/Getty Images)
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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.
Woods’ attorney, J.B. Murray, calls the allegations “utterly meritless.”
Fox News’ Ryan Gaydos and The Associated Press contributed to this report.
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