CPLR 7515

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In Faith v. Dara Khosrowshahi, Uber Technologies, Inc., et al, 2023 WL 5278126 (E.D.N.Y. August 16, 2023), the court (albeit in a footnote) provides guidance on the scope of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA). The court explained, in sum, that the EFAA only applies to sexual…

Read More Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act Held Inapplicable to Non-Sexual Harassment/Assault Employment Discrimination Claims
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In Maher v. Nusret New York LLC, 2022 WL 443619 (S.D.N.Y. Feb. 14, 2022), the court granted plaintiff’s motion to remand this case back to state court, due to the absence of federal subject matter jurisdiction. From the decision: The purported federal question raised, in defendant’s view, is whether CPLR § 7515 is preempted by…

Read More Hostile Work Environment Case Against Nusret New York Remanded to State Court; Federal Question Not Raised By Alleged Arbitration Preemption
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In Curtis v. Marino, 2022 NY Slip Op 00499 (N.Y. App. Div. 1st Dept. Jan. 27, 2022), the court unanimously affirmed the dismissal of plaintiff’s complaint, which contained causes of action for discrimination under the New York State and City Human Rights Laws, as untimely. From the decision: Supreme Court properly found the arbitration agreement…

Read More Discrimination Complaint Properly Dismissed; Contractual Shortening of Statute of Limitations Was Reasonable
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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 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 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 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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