New York Ban on Arbitration of Discrimination Claims Repeatedly Struck Down as Inconsistent With Federal Law | Kramer Levin Naftalis & Frankel LLP
Judge Liman addressed the Newton decision and found it unpersuasive. In doing so, the court concluded that the Newton court erroneously focused on the Legislature’s intent in promulgating CPLR 7515, when the appropriate question is what Congress intended with respect to the preemption of state laws. Gilbert, 2021 WL 169111, at *43, 44. Regarding the argument that the alleged sexual harassment occurred intrastate and was not economic in nature, Judge Liman noted that the Newton court asked the wrong question: Under the plain language of Section 2 of the FAA, the relevant question is not ...
Source: jdsupra.com