Tantaros v. Fox News Network, LLC et al, No. 1:2019cv07131 - Document 40 (S.D.N.Y. 2019)
Court Description: OPINION & ORDER re: 10 MOTION to Remand to State Court filed by Andrea Tantaros. Petitioner brings serious and troubling allegations against Respondents that warrant careful consideration by whichever court or arbitrator cons iders her claims. Whether her claims can be heard in court or by an arbitrator rests on a disputed, substantial federal issue. That federal issue gives this Court jurisdiction over Petitioner's claim. Accordingly, Petitioner's motion to remand is hereby DENIED. (Signed by Judge Andrew L. Carter, Jr on 12/17/2019) (mro)
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Tantaros v. Fox News Network, LLC et al Doc. 40 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 12/17/19 ANDREA TANTAROS, Petitioner, -againstFOX NEWS CHANNEL, LLC, ET AL., 19-cv-7131 (ALC) OPINION & ORDER Respondents. ANDREW L. CARTER, JR., United States District Judge: Petitioner Andrea Tantaros commenced a state action against Respondents Fox News, LLC, The Estate of Roger Ailes, William Shine, Irena Briganti, Suzanne Scott, and Dianne Brandi, asking or a temporary restraining order, a preliminary and permanent injunction, and declaratory relief. Andrea Tantaros v. Fox News Channel, LLC., The Estate of Roger Ailes, William Shine, Suzanne Scott, Dianne Brandi, and Irena Briganti, Index No. 156936/2019 N.Y. Sup. Ct., Count of New York, July 15, 2019). Respondents removed this action to ederal court pursuant to 28 U.S.C. ยง 1441. Petitioner iled a motion to remand to state court. For the reasons set orth below, Petitioner's motion to remand is hereby DENIED. INTRODUCTION Petitioner alleges serious, troubling claims of sexual harassment, retaliation, and hostile workplace while employed at the Fox News Channel. Federal courts have jurisdiction over civil actions brought in state court if ederal law created the cause of action asserted, or if state-law claims necessarily depend on the resolution of a substantial question of ederal law. Here, Petitioner's state action necessarily raises a disputed and substantial ederal issue: whether a New York State law prohibiting mandatory arbitration clauses or sexual harassment claims is Dockets.Justia.com
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