Forced arbitration of harassment claims
Costello v. Paramount Global
In brief
- Where it stands
- Dismissed
Petition denied.
- What it’s about
- Sue Costello asks the Supreme Court to review dismissal of her claims against Paramount Global, disputing whether she agreed to arbitrate and whether federal law shields her claims from forced arbitration.
- Who it affects
- The Second Circuit's dismissal remains in effect for Costello, but the Supreme Court did not decide whether her claims had to be arbitrated.
Summary: written with AI from the case record.
What it's about
She says the arbitration forum would not address what happens if an arbitrator discovers crimes, and challenges the appeals court’s unexplained decision to uphold the dismissal.
Costello says she asked the arbitration forum what would happen if an arbitrator discovered crimes. She says the forum told her a court would have to handle that issue and declined to engage.
The dispute arose from Costello's questions about whether an arbitration agreement was formed and whether federal law shields her claims from forced arbitration.
Question presented
1. Whether the Federal Arbitration Act requires a court to decide the threshold question of contract formation before compelling arbitration. 9 U.S.C. §§ 2,4. 2. Whether Rule 41(b) permits dismissal with prejudice for failure to arbitrate when the plaintiff asked the designated forum what policy applied if the arbitrator discovered crimes, and the forum said the court must handle it and would not engage. 3. Whether a court may refuse coverage under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, 9 U.S.C. § 402, and whether a court of appeals may then summarily affirm the dismissal, without reasoned explanation, after acknowledging on the record that the result sits in tension with that Act.
Documents
Docket activity
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AI analysis generated: Case Briefing
AI analysis generated: Decision Record
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Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.