Arbitration

On November 16, 2021, Congress held a hearing at which several victims of sexual harassment/assault – including actor Eliza Dushku – testified about their negative experiences with forced arbitration. Their stories are horrific; their bravery admirable. While New York has enacted legislation (Section 7515 of the Civil Practice Law & Rules) to curb forced arbitration…

Read More Sexual Harassment/Assault Victims Testify Against Forced Arbitration
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In Govender v. Brooklyn Immunotherapeutics LLC, No. 650847/2021, 2021 WL 5234682 (N.Y. Sup Ct, NY Cty. Nov. 09, 2021), an employment discrimination case, the court granted defendant’s motion to compel arbitration and to stay the action. From the decision: Plaintiff’s affirmation highlights that the arbitration clause is void under CPLR 7515 as it would require…

Read More Employment Discrimination Arbitration Agreement Not Subject to Invalidation on the Ground of Prohibitive Cost
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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…

Read More Andrea Tantaros’ Sexual Harassment Case to Remain in Federal Court
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In Lee v. Engel Burman Grande Care at Jericho, LLC, et al, 20-CV-3093, 2021 WL 3725986 (E.D.N.Y. Aug. 23, 2021), the court granted defendants’ motion to compel arbitration of plaintiff’s sexual harassment claims, and stayed the action pending the outcome of arbitration. Specifically, the court rejected plaintiff’s arguments seeking to avoid arbitration on the grounds…

Read More Sexual Harassment Claims Stayed Pending Arbitration
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In Ahmad v. Colin Day, et al, 20 Civ. 4507, 2021 WL 3700552 (S.D.N.Y. Aug. 20, 2021), the court denied the defendants’ motion to compel arbitration of plaintiff’s claims of employment discrimination. In sum, plaintiff asserts that his former employer and two individual defendants discriminated against him because of his race, color, religion and national…

Read More Motion to Compel Arbitration of Employment Discrimination Claims Denied; Claims Did Not “Arise Out Of” Confidentiality Agreement
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In Allen v. Wework Companies, Inc., No. 155130/2020, 2021 WL 2432204 (N.Y. Sup Ct, New York County June 10, 2021), a sexual harassment case, the court granted the defendant’s motion to stay this action and compel arbitration. The court summarized defendant’s position as follows: In support of the motion, defendant notes that, contemporaneously with the…

Read More Sexual Harassment Claims Against WeWork Must Be Arbitrated, Court Holds
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In a recent case, Matter of Arbitration between New York Office for People With Developmental Disabilities, No. 531029, 2021 N.Y. Slip Op. 02579, 2021 WL 1676979 (N.Y.A.D. 3 Dept. Apr. 29, 2021), the court upheld the lower court’s decision to vacate an arbitration award imposing, against an accused sexual harasser, a penalty the court deemed…

Read More Sexual Harassment Arbitration Non-Termination Penalty Violated Public Policy
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In Cephus v. Normakamali, Inc., No. 156176/2020, 2021 WL 1345362 (N.Y. Sup Ct, New York County Apr. 08, 2021), an employment discrimination and retaliation case, the court granted defendant’s motion to compel arbitration. From the decision: In this case, Cephus’ proposed employment discrimination and retaliation claims are subject to arbitration because the provision at issue…

Read More Employment Discrimination and Retaliation Claims Subject to (Unsigned-by-Employer) Arbitration Agreement
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In Rodriguez v. Newmark & Co. Real Estate, Inc., No. 158325/2019, 2021 WL 1040524 (N.Y. Sup Ct, New York County Mar. 18, 2021), the court granted defendants’ motions to dismiss plaintiff’s complaint, or in the alternative, stay this action to compel arbitration of plaintiff’s gender discrimination, sexual harassment, retaliation, and aiding-and-abetting-discrimination claims. The crux of…

Read More Union Member’s Sexual Harassment and Discrimination Claims Must Be Arbitrated, Court Holds
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In Rollag v. Cowen Inc. et al, 2021 WL 807210 (S.D.N.Y. March 3, 2021) – in which the plaintiff alleges that defendants discriminated and retaliated against him in violation of the Family and Medical Leave Act, 29 U.S.C. §§ 2601 et seq., Section 806 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1514A, and…

Read More Arbitration Compelled in Employment Discrimination Case; FAA Held to “Displace” CPLR 7515 Here
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