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Days after Eldrick “Tiger” Woods filed a motion to intervene in a lawsuit brought by his ex-girlfriend against a trust that holds an interest in his Florida mansion, the trustee asked a court to send the case to arbitration and dismiss the subpoena. by Erica Hermann. of sexual assault survivor law

Christopher J. Hubman, the trustee of Woods’ sprawling Hobe Sound residence, who is also represented by golfer J.B Murray’s lawyer, said Herman engaged in “a transparent abuse of judicial process” when his lawyers cited those laws, to avoid arbitration. without making a claim of sexual harassment or sexual assault.

As Law&Crime reported extensively last week on the fallout from the bitter breakup, Herman first filed a lawsuit in October against the Jupiter Island Homestead Irrevocable Trust, alleging she was illegally evicted from the residence in violation of an “agreement of oral lease”. As part of the ongoing litigation, Herman has asked a Martin County judge in a separate lawsuit to declare an NDA she signed “invalid and unenforceable”; the NDA required that disputes with Woods be adjudicated in private arbitration. Plaintiff Herman then cited two federal sexual assault and harassment survivor laws that are intended to prevent victims from being coerced into secret arbitration.

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Eldrick “Tiger” Woods Age

The age of Eldrick “Tiger” Woods is 47 years.

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Eldrick “Tiger” Woods incident deatail

The defendant trust responded Monday categorically rejecting Herman’s claims. “Plaintiff Erica Herman asserts that this Court has exclusive jurisdiction over the claims pursuant to 9 U.S.C. §§ 401-402, which provides, among other things, that a party to an arbitration agreement cannot be compelled to arbitrate a ‘sexual assault dispute’ or a ‘sexual harassment dispute’.

Ms. Herman alleges, ‘once Plaintiff has invoked this statute, it requires the Court to decide whether Plaintiff’s claim is arbitrable,’” the receiver argued in the latest response to Herman’s claims. “Yet Ms. Herman does no more than cite 9 U.S.C. §§ 401-402 and its lascivious title, ‘The Law to End Forced Arbitration of Sexual Assault and Sexual Harassment’.”

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“She has never brought any claim for sexual assault or sexual harassment, she doesn’t in this landlord-tenant action, and if she’s honest, she never can. Ms. Herman’s mere reference to the statute, without any pleading to support its application to the facts of this case, is insufficient to release Ms. Herman from her contractual obligation to arbitrate,” the receiver added. “Rather, it is a transparent abuse of the judicial process that undermines the purpose of the federal statute and those whom the statute seeks to protect.”

Therefore, the trustee asked Judge Elizabeth Metzger to “review the allegations” and determine that this is not a sexual assault or harassment dispute subject to adjudication in court. “EM. Herman is not a victim of sexual assault or abuse that Congress seeks to protect by enacting the statute. Rather, Ms. Herman is a jilted ex-girlfriend who wants to publicly litigate misleading claims in court, rather than honor her commitment to arbitrate disputes in a confidential arbitration proceeding”, the trustee’s lawyers said in closing.

As recently as last Wednesday, Tiger Woods filed a motion to intervene in the lawsuit against the trust. As Law&Crime previously noted, Woods is not a named defendant in the original Florida Residential Landlord-Tenant Act lawsuit (hence the motion to intervene). The golfer is just one named defendant at this time in Herman’s NDA lawsuit. Over the course of 12 pages, Woods’ submission said that Herman did not, in fact, have the right to live in the property “rent-free” for several years after his breakup.

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“EM. Herman’s complaint alleges that the oral lease was breached when Mr. Woods ended his romantic relationship with her and, among other things, informed her that she was no longer a welcome guest at the Residence,” the filing reads. Woods.”Although this action involves the personal residence of Mr. Woods and arises from Mr. Woods’ decision that Plaintiff should no longer live in his home after the breakup, Plaintiff did not sue Mr. Woods.”

“Rather, to avoid an agreement Plaintiff made to arbitrate all disputes with Mr. Woods,” the golfer’s lawyers alleged, “Plaintiff sued a trust that held only a limited remaining interest in the residence.” Furthermore, Woods’ lawyers called the decision to sue the trust “nothing more than a transparent attempt by Ms. Herman to avoid her contractual obligation.”Read More……

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