Tantaros v. Fox News Network, LLC, No. 20-3413 (2d Cir. 2021)
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Plaintiff filed suit in the New York Supreme Court pursuant to New York Civil Practice Law and Rule 7515 (C.P.L.R. 7515), challenging arbitration of her sexual harassment, hostile work environment, and retaliation claims against Fox News and certain senior executives. C.P.L.R. 7515 prohibits mandatory arbitration clauses covering employment discrimination claims, "[e]xcept where inconsistent with federal law." After removal to federal court, the district court denied plaintiff's motion to remand to state court on the basis that the action necessarily raises an issue of federal law: whether her claim is preempted by the Federal Arbitration Act (FAA).
The Second Circuit affirmed the district court's denial of plaintiff's motion, concluding that plaintiff's suit arises under federal law. The court applied the Grable-Gunn analysis and concluded that because section 7515 requires a threshold showing that the plaintiff's claim complies with the FAA, it necessarily raises a substantial federal issue that may be resolved in federal court without threatening the federal-state balance.
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