Motion to Compel Arbitration Denied

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In Toomey v. One Equity Partners, No. 24-CV-04088 (MMG), 2026 WL 458244 (S.D.N.Y. Feb. 18, 2026), the court denied defendant’s motion to compel arbitration under the Ending Forced Arbitration Act (“EFAA”). Initially, the court held that “a plaintiff may invoke the EFAA to avoid a mandatory arbitration provision by plausibly alleging a claim of sexual…

Read More Sexual Harassment Sufficiently Alleged Under NYCHRL; Motion to Compel Arbitration Denied Under EFAA
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In Cliff v. FreedomRoads, LLC, No. 3:25-CV-00296-CSD, 2026 WL 125625 (D. Nev. Jan. 16, 2026), the court denied defendant’s motion to compel arbitration under the Ending Forced Arbitration Act (“EFAA”). The court dismissed plaintiff’s hostile work environment claim. Defendant argued that this precluded the application of the EFAA. Not so, held the court: Defendant’s argument…

Read More Motion to Compel Arbitration of Retaliation Claim, Based on Reporting of Sexual Harassment, Denied Upon Application of EFAA
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In Garcia v. ECPI Univ. LLC, No. 2:25-CV-245, 2026 WL 66749 (E.D. Va. Jan. 8, 2026), the court held that plaintiff alleged a “sexual harassment dispute” under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), and thus denied defendant’s motion to compel arbitration of plaintiff’s claim under Title IX…

Read More Sexual Harassment Claim Stated Under Title IX; Motion to Compel Arbitration Denied Under EFAA
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In Polen v. API Group Life Safety USA, LLC, No. 3:25-CV-1196-SI, 2025 WL 3251349 (D. Or. Nov. 21, 2025), the court broadly interpreted the  (“EFAA”), and denied defendant’s motion to compel arbitration. The court summarized the facts as follows: Polen alleges that early in her employment she disclosed to Noblin that Polen was the victim…

Read More Court Interprets Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act; Denies Motion to Compel Arbitration
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In Mera et al v. SA Hospitality Group, LLC et al, No. 23 CIV. 3492 (PGG) (SDA), 2025 WL 3202080 (S.D.N.Y. Nov. 17, 2025) – in which plaintiff asserts claims of hostile work environment sexual harassment under the New York State and City Human Rights Laws, as well as wage & hour violations under the…

Read More EFAA Applies to Entire Case, Including Wage & Hour Claims; Motion to Compel Arbitration of FLSA & NYLL Claims Reversed
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In Twedell v. Senior Living Management Group, LLC, No. 6:25-CV-03214-MDH, 2025 WL 2988461 (W.D. Mo. Oct. 23, 2025), the court denied defendant’s motion to dismiss plaintiff’s claim for sexual harassment under Title VII of Civil Rights Act of 1964, and, upon applying the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021…

Read More Sexual Harassment Sufficiently Alleged; Motion to Compel Arbitration Denied
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In Holsten v. Barclays Servs. LLC, No. 3:24CV844 (RCY), 2025 WL 2696991 (E.D. Va. Sept. 22, 2025), the court held that plaintiff sufficiently alleged a sex-based hostile work environment under Title VII of the Civil Rights Act of 1964 and, therefore, in accordance with the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act…

Read More Title VII Sex-Based Hostile Work Environment Sufficiently Alleged; Motion to Compel Arbitration Denied
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In Kelly v. Rosenberg & Estis, P.C. et al, 25-cv-4776 (CM), 2025 WL 2709157 (S.D.N.Y. Sept. 23, 2025), the court, inter alia, held that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021  (EFAA) applied to plaintiff’s entire case – which included her allegations of sexual harassment – and thus denied…

Read More Sexual Harassment Claim Made Out Under NYCHRL; EFAA Applied to Entire Case; Motion to Compel Arbitration Denied
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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 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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