Motion to Compel Arbitration Denied

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In Diaz-Roa v. Hermes Law, P.C. et al, 24-cv-2105 (LJL), 2024 WL 4866450 (SDNY Nov. 21, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of sexual harassment asserted under the New York State and City Human Rights Laws. From the decision: The complaint contains several paragraphs of conduct alleged to constitute…

Read More Sexual Harassment Claims Sufficiently Alleged; Allegations Included Focus on Plaintiff’s, But Not Male Employees’, Appearances
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In Clay v. FGO Logistics, Inc., 2024 WL 4335791 (D.Conn. Sept. 27, 2024), the court, inter alia, provided instructive guidance regarding when a claim “accrues” under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). In sum, plaintiff’s retaliation claim (but not his hostile work environment and sexual harassment claims) accrued after…

Read More Court Denies Motions to Compel Arbitration Per the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA)
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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 Mitura v. Finco Services, Inc. et al, 23-CV-2879 (VEC), 2024 WL 232323 (S.D.N.Y. Jan. 22, 2024), the court, inter alia, denied the defendant’s motion to compel arbitration of plaintiff’s sexual harassment claims. In sum, the court held that arbitration was barred by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of…

Read More Arbitration of Sexual Harassment Claims Denied, Pursuant to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
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In Famuyide v. Chipotle Mexican Grill, Inc. et al, 2023 WL 5651915, (D.Minn. August 31, 2023), the court, applying the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), denied the defendant’s motion to compel arbitration. That statute provides, in pertinent part: Notwithstanding any other provision of this title, at the…

Read More Court Denies Chipotle’s Motion to Compel Arbitration of Sexual Harassment Claim; Dispute Arose After “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021”
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In Barbara Delo v. Paul Taylor Dance Foundation, No. 22-cv-9416 (RA), 2023 WL 4883337 (S.D.N.Y. Aug. 1, 2023), the court denied the defendant’s motion to compel arbitration under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. As part of its analysis, the court held that plaintiff plausibly alleged sexual harassment…

Read More Applying Recent Law, Court Denies Motion to Compel Arbitration in Sexual Harassment Lawsuit Against Paul Taylor Dance Foundation
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In Mera v. SA Hospitality Group, LLC et al, 1:23-cv-03492 (PGG) (SDA), 2023 WL 3791712 (S.D.N.Y. June 3, 2023), the court, inter alia, denied defendant’s motion to compel arbitration of plaintiff’s New York State and City Human Rights Law sexual harassment claims. Specifically, plaintiff’s sexual harassment (but not other) claims fell within the scope of…

Read More Sexual Harassment Claims Fell Within Scope of “Ending Forced Arbitration of Sexual Assault Act of 2021”, and Thus Not Subject to Arbitration, Court Holds
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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 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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