Divorcing Ex Giant Tiki Barber sued for fraudulent inducement: Plaintiff claims Barber lied about being "happily married"

Ex giant Tiki Barber is getting sued for $1 million dollars on account of his divorce, which, allegedly, came about after his adulterous acts with a former NBC intern were revealed. Mr. Barber and his Asian wife have been handling the matter with grace, for the most part, but this new development is bound to put a monkey wrench in things. The basis of the lawsuit if fraudulent inducement. The company claims that they entered into the contract with Barber because they thought he and his wife were happily married. Of course, Tiki can always argue that he and his wife were happily married at the time the contract was entered into; but that subsequently, they became less happy and eventually, he strayed and now, he’s getting divorced. That lawsuit should be thrown out on summary judgment . There is no issue of fact or law that needs to be explored here. The man was happy at one point. But later on he wasn’t so happy. So he’s getting divorced. What is the problem?