Arbitration

In Altman v. Salem Media of N.Y., LLC, 2020 NY Slip Op 06697 (App. Div. 1st Dept. Nov. 17, 2020), a discrimination/sexual harassment case, the court unanimously affirmed the lower court’s decision granting defendants’ motion to compel arbitration. This case turns on the application of New York Civil Practice Law and Rules 7515, which (in…

Read More Arbitration Compelled in Sexual Harassment Case; Employment Agreement Predated CPLR 7515’s Enactment
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In Mozzachio v. Schanzer, No. 2018-12385, 521309/17, 2020 N.Y. Slip Op. 06522, 2020 WL 6601906 (N.Y.A.D. 2 Dept., Nov. 12, 2020) – a sexual harassment case – the court, inter alia, held that an arbitration agreement was enforceable by the defendant. In this case, the plaintiff alleges claims of sexual harassment and hostile work environment,…

Read More Sexual Harassment Plaintiff Bound by Arbitration Agreement, Court Holds
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In Fuller v. UBER Technologies Inc., No. 150289/2020, 2020 WL 5801063 (N.Y. Sup Ct, New York County Sep. 25, 2020), the court held that plaintiff’s claims of sexual harassment were subject to arbitration. From the decision: Plaintiff’s primary argument for avoiding arbitration is that his dispute resolution agreement with Apex has a carve out for…

Read More Sexual Harassment Claims Against Uber Technologies et al Subject to Arbitration, Court Holds
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In Mancilla v. ABM Industries, Inc., 2020 WL 4432122(S.D.N.Y. July 29, 2020), a sexual harassment/assault case, the court granted defendants’ motion to compel arbitration. The facts of this case, as alleged, are horrific: Plaintiff reported to work on the night of September 17, 2018, and was informed that her ABM supervisor that night would be…

Read More Arbitration Compelled in Sexual Harassment/Assault Case Against ABM
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In Newton v. LVMH Moët Hennessy Louis Vuitton Inc., No. 154178/2019, 2020 WL 3961988, 2020 N.Y. Slip Op. 32290(U) (N.Y. Sup Ct, New York County July 10, 2020), a sexual harassment case, the court – citing CPLR 7515 – held that plaintiff was not bound by an arbitration agreement, and thus could proceed with her…

Read More Sexual Harassment Plaintiff May Proceed in Court; Arbitration Not Required
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In Murphy v. Citigroup Global Markets et al, No. 1182 5, 2020 WL 4005846 (N.Y.A.D. 1 Dept., July 16, 2020), the First Department unanimously affirmed the dismissal, on res judicata grounds, of plaintiff’s employment discrimination claims. The court wrote: The discrimination claims which plaintiff seeks to assert in the first two causes of action of…

Read More Employment Discrimination Claims Properly Dismissed on Res Judicata Grounds in Light of Arbitration
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In White v. WeWork Companies, Inc., 20-cv-1800, 2020 WL 3099969 (S.D.N.Y. June 11, 2020), the court, inter alia, granted defendant’s motion to compel arbitration of plaintiff’s discrimination claims. In reaching this determination, the court considered the application of the relatively recently-enacted Section 7515 of the New York Civil Practice Law and Rules, which (among other…

Read More Court Finds Employment Discrimination Claims Must Be Arbitrated, Notwithstanding CPLR 7515
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In Denson v. Donald J. Trump For President, No. 101616/17, 10334, 10334A, 2020 N.Y. Slip Op. 00923, 2020 WL 573113 (N.Y.A.D. 1 Dept., Feb. 06, 2020), the court, inter alia, struck down arbitration awards – predicated on claimed violations of a non-disclosure, non-disparagement agreement (NDA) – against an ex-employee of Donald J. Trump’s presidential campaign.…

Read More Court Vacates Arbitration Award Against Former Trump Campaign Employee for Alleged NDA Violation
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In Saltzman v. Exlservice Holdings Inc., No. 154361/2019, 2019 WL 6843028 (N.Y. Sup Ct, New York County Dec. 11, 2019), the court denied defendants’ motion to compel arbitration of plaintiff’s gender discrimination and retaliation claims asserted under the New York City Human Rights Law. In sum, plaintiff asserts that defendants treated her worse than similarly-situated…

Read More Gender Discrimination and Retaliation Claims Not Subject to Arbitration Clause, Court Holds
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In a recent letter dated July 30, 2019, several New York lawmakers criticize Ernst & Young’s apparent intention to require sexual harassment claimant Karen Ward to pursue her claims in arbitration as opposed to in court. This letter highlights and underscores the evils of forced arbitration, particularly in the sexual harassment context. From the letter:…

Read More NY Lawmakers Underscore Unfairness of Forced Arbitration in Letter to Ernst & Young
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