Arbitration

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In Lambert et al v. New Start Capital LLC et al, 1:24-cv-8055-GHW, 2025 WL 2295254 (S.D.N.Y. August 7, 2025), the court addressed a novel legal questions regarding the relatively new Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). In sum, one plaintiff – Lambert, a Black woman – alleges that she was…

Read More SDNY Interprets the EFAA to Apply to Sexual Harassment & Related Wage-and-Hour Claims, But Not to Third Plaintiff’s Claims Unrelated to Sexual Harassment Claims
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In Thomas v. Poo Bah Enterprises, Inc., d/b/a Rick’s Cabaret Chicago, No. 25-cv-77, 2025 WL 2084159 (N.D.Ill. July 24, 2025), the court explained and clarified the pleading standard is contemplated by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 in the context of a sexual harassment dispute. Here, plaintiff –…

Read More Court Adopts NY Federal Court’s Interpretation of EFAA in Retaliation/Sexual Harassment Case
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In Hicks v. CEC Entertainment Holdings I, Inc., 2025 WL 1770787 (D.Del. June 26, 2025), the court denied defendant’s motion to dismiss plaintiff’s retaliation claim, premised on the plaintiff’s termination following her complaint about alleged wrongful activities by her immediate supervisor, including sexual harassment of female employees. Specifically, the court held that plaintiff’s claims fell…

Read More Retaliation Claim, Arising From Termination Following Complaint of Sexual Harassment, Survives Dismissal; EFAA Applied
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In Bulic v. Celebrity Cruises, Inc., No. 25-21231-CIV-ALTONAGA/Reid, 2025 WL 1783865 (S.D.Fla. June 27, 2025), the court denied defendant’s motion to compel arbitration, based on its interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). The court summarized the facts as follows: This case arises from an alleged incident of nonconsensual…

Read More Court Denies Motion to Compel Claims Arising From Alleged Cruise Ship Sexual Assault; Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act Applied
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In Brazzano v. Thompson Hine LLP et al, 24-CV-01420 (ALC)(KHP), 2025 WL 96311 (S.D.N.Y. March 31, 2025), the court, inter alia, denied the defendants’ motion to compel arbitration of plaintiff’s sexual harassment claim under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA). Specifically, the court held that plaintiff plausibly…

Read More Sexual Harassment Claims Plausibly Alleged; Motion to Compel Arbitration Denied Under Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
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In Mahn v. Lawrence N. Mullman et al, Index No. 952263/23, Case No. 2024–03039, 2025 WL 408690 (N.Y.A.D. 1 Dept. Feb. 6, 2025), the Appellate Division, First Department, affirmed a lower court’s determination that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) did not invalidate the parties’ arbitration agreement.…

Read More Sexual Assault-Related Claims Subject to Arbitration and Not Barred by EFAA, Court Holds
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In Urban v. 35 East 19th Street Medicine, P.C., No. 151191/2024, 2024 WL 5248282 (N.Y. Sup Ct, New York County Dec. 20, 2024), a gender/pregnancy discrimination case, the court granted the defendant’s motion to compel arbitration. From the decision: New York public policy favors enforcement of contracts for arbitration (Cooper v Bruckner, 21 A.D.3d 758…

Read More Court Grants Defendant’s Motion to Compel Arbitration of Gender/Pregnancy Discrimination Claims
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In Zeng v. Ellenoff Grossman & Schole LLP, 23-CV-10348 (JGLC), 2024 WL 4250387 (S.D.N.Y. Sept. 19, 2024), the court, inter alia, upheld a Report & Recommendation (R&R) recommending that defendant’s motion to compel arbitration of plaintiff’s retaliation claim be denied. In sum, plaintiff Ming Zeng alleges that she was sexually harassed by a coworker while employed…

Read More Retaliation Claim, Arising From Sexual Harassment Complaint, Not Subject to Arbitration
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In Baldwin v. TMPL Lexington LLC et al, 23 Civ. 9899 (PAE), 2024 WL 3862150 (S.D.N.Y. August 19, 2024), the court, inter alia, denied defendant’s motion to compel arbitration, finding that she plausibly alleged sexual harassment under the New York City Human Rights Law, triggering the Ending Forced Arbitration of Sexual Assault and Sexual Harassment…

Read More Sexual Harassment Claims Sufficiently Alleged Against TMPL Lexington, Triggering Ending Forced Arbitration Act and Denial of Motion to Compel Arbitration
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In Singh v. Meetup LLC et al, 23-CV-9502 (JPO), 2024 WL 3904799 (S.D.N.Y. August 22, 2024), the court granted defendant’s motion to compel arbitration, holding that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) did not apply, since plaintiff’s allegations – while arguably constituting discrimination based on sex, did not…

Read More Sex Discrimination Allegations Did Not Plausibly Allege “Sexual Harassment”, Ending Forced Arbitration Act Not Triggered
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