Andrea Tantaros’ Sexual Harassment Case to Remain in Federal Court

In Tantaros v. Fox News Network, LLC, No. 20-3413 (2d Cir. Aug. 27, 2021), the court affirmed the district court’s denial of plaintiff Andrea Tantaros’ motion to remand her sexual harassment case to state court. Plaintiff had initially sued in state court, asserting that under New York law (specifically, NY CPLR 7515) her case was not subject to mandatory arbitration. The sole issue on appeal is whether plaintiff’s claim was properly removed on the basis that CPLR 7575 “arises under federal law” pursuant to 28 U.S.C. § 1331. Upon analysis, the Second Circuit held that the answer to this question is “yes.”

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