Federal Arbitration Act 9 USC § 1 et seq (FAA)

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In a recent New York State Court filing, petitioner Andrea Tantaros – in the matter of Tantaros v. Fox News Channel, LLC et al, Index No. 156936/2019 – seeks a Temporary Restraining Order precluding Respondents from continuing to arbitrate Petitioner’s sexual harassment allegations, to grant her request for a preliminary and permanent injunction staying the…

Read More Andrea Tantaros Attempts to Utilize NY’s New Anti-Arbitration Law in New Filing
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In Bugtani v. Dish Network LLC, 2019 WL 2914158 (EDNY 2019), the court, inter alia, held that plaintiff’s employment discrimination and sexual harassment claims under Title VII of the New York State and City Human Rights Laws were subject to arbitration. From the decision: The arbitration agreement that the plaintiff signed is broad, see Johnston…

Read More Employment Discrimination, Sexual Harassment (Non-SOX) Claims Are Subject to Arbitration, Court Holds
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In Abreu et al v. Fairway Market LLC et al, 17-cv-9532, 2018 WL 3579107 (S.D.N.Y. July 24, 2018), the court granted defendants’ motion to compel arbitration of plaintiffs’ employment discrimination claims under the  Federal Arbitration Act, 9 U.S.C. § 1 et seq. In this case, plaintiffs alleged “that Fairway Market and its employees discriminated and…

Read More Court Grants Motion to Compel Arbitration; Economic Duress Argument Rejected
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In a pro-employer, 5-4 decision issued today – Epic Systems Corp. v. Lewis, No. 16-285, 2018 WL 2292444 (U.S. 2018) – the U.S. Supreme Court held that mandatory arbitration agreements are enforceable under the Federal Arbitration Act, and that doing so does not violate the National Labor Relations Act (NLRA). From the Opinion (per Justice…

Read More SCOTUS Upholds Arbitration Agreements
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In a recent filing, petitioner Alexis Berger seeks confirmation under Section 9 of the Federal Arbitration Act (9 U.S.C. sec. 9) of an Arbitrator’s Award – totaling $40,925,284.20 – on her claims of gender discrimination, retaliation, unequal pay, and breach of the implied covenant of good faith and fair dealing against her former employer Kargo…

Read More Former Kargo Global Employee Alexis Berger Seeks to Enforce $40 Million Arbitration Award in Gender Discrimination Case
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In Calvo v. Aristizabal (NY Sup Ct. NY Cty. Index 156048/16 Jan. 20, 2017) (J. Mendez), the court granted defendant’s motion pursuant to CPLR 3211(a)(1) and (7), CPLR 7503, and 9 U.S.C. 3, 4 (a/k/a the Federal Arbitration Act) to dismiss plaintiff’s sexual harassment complaint and to compel arbitration. Plaintiff, an account manager at NBC…

Read More Sexual Harassment Lawsuit Dismissed Pursuant to NBC Universal’s Mediation/Arbitration Program
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In McNeill v. Raymour & Flanigan Furniture, No. 15-1473, 2016 WL 7048712 (N.D.N.Y. Dec. 5, 2016), the court granted the defendant’s motion to compel arbitration of plaintiff’s claims of employment discrimination (race discrimination and retaliation) under Title VII of the Civil Rights Act of 1964. This decision illustrates the uphill – albeit not insurmountable –…

Read More Arbitration of Employment Discrimination Claim Compelled; Court Rejects Employee’s Claim That He Never Signed Arbitration Agreement
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In Hermés of Paris, Inc. v. Swain, No. 16-CV-6255 (CM), 2016 WL 4990340 (S.D.N.Y. Sept. 13, 2016), the court granted the request by petitoner (Hermes) to compel arbitration of the respondent/employee’s claims. Respondent, who worked in one of Hermes’ retail locations, filed a lawsuit in New Jersey state court alleging claims of sexual orientation discrimination, creation of…

Read More Sexual Orientation Discrimination Claim Must Be Arbitrated; Consent to Arbitration Was “Knowing and Voluntary”
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In Thomas v. Public Storage Inc., 12-cv-8804, 957 F. Supp. 2d 496 (SDNY July 31, 2013), the Southern District of New York held that where an employee received notice of an employer’s arbitration policy at the beginning of her employment and continued to work there, the arbitration clause may be enforced – notwithstanding the employee’s argument…

Read More Arbitration Clause Enforced, Despite Plaintiff’s Argument That She Neither Saw Nor Signed It
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