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On May 19, 2025, Proskauer attorneys successfully compelled to arbitration an employment discrimination lawsuit that had been filed in the Los Angeles Superior Court. While the former employee claimed that she never signed...more
Garcia v. Stoneledge Furniture LLC, 102 Cal. App. 5th 41 (2024) - Summary: Although parties may delegate questions regarding the validity of an arbitration agreement to the arbitrator, the delegation presupposes the existence...more
In Jackson v. Applied Materials Corp., the Ninth Circuit Court of Appeals affirmed a district court order granting a motion to compel arbitration of the plaintiff’s discrimination and retaliation claims, finding the...more
In Marino v. CVS Health, the U.S. District Court for the Southern District of New York found defendant CVS Health’s “arbitration of workplace legal disputes policy” and related arbitration agreement compelled arbitration of...more
Shannon Zoller sued her former employer, GCA Advisors LLC, for violations of the Equal Pay Act, California’s Fair Pay Act, and the Civil Rights Act of 1871, among other alleged violations. GCA moved to compel arbitration...more
Seyfarth Synopsis: In Flanzman v. Jenny Craig, Inc., the New Jersey Supreme Court reversed the Appellate Division and held that an arbitration agreement may bind the parties even if the agreement does not designate a specific...more
Proponents of mandatory arbitration in New York can collectively let out a sigh of relief as a federal court judge has weighed in on the question of whether New York State’s law prohibiting mandatory arbitration of sexual...more
The plaintiff sued his former employer for discrimination, retaliation, hostile work environment, and violations of the Missouri Human Rights Act. The defendant moved to compel arbitration based on the parties’ Mutual...more
On June 26, 2019, Judge Denise Cote, of the Southern District of New York, granted a motion to compel arbitration of an employment discrimination, retaliation and sexual harassment claim—despite recently passed NY law, NY...more
Seyfarth Synopsis: A new decision in the Southern District of New York held that the N.Y. prohibition of mandatory, pre-dispute arbitration of sexual harassment claims is preempted by the Federal Arbitration Act....more
The recent case of Salgado v. Carrows Restaurant, Inc., et al. presented the unique issue of whether an arbitration agreement must pre-date the lawsuit to be enforceable. Although the trial court initially ruled against...more
On December 21, 2018, the U.S. District Court for the Northern District of California stayed a plaintiff’s whistleblower retaliation claim under SOX (which was not subject to mandatory arbitration) while granting a motion...more
An employer did not waive its right to compel arbitration under an employment agreement by seeking to set aside a default in an employment discrimination suit brought against it by its employee. ...more
The Eleventh Circuit Court of Appeal found that an arbitration agreement entered into by a putative class representative and his eventual employer was enforceable even though the agreement was signed after the plaintiff filed...more