Pre-Emption Monday

This is shaping up to be FAA pre-emption week. Just hours ago, I posted on the Vermont Supreme Court’s decision in Masseau v. Luck, holding that the Federal Arbitration Act pre-empts a Vermont law requiring that an arbitration provision be separately acknowledged in writing.

Now, I have encountered this article by Edward Spiro and Christopher Harwood of Morvillo Abramowitz, published in Lexology–“The Federal Arbitration Act Precludes New York from Exempting Claims from Arbitration”–discussing the Southern District’s recent decision in Gilbert v. Indeed, No. 20-3826, 2021 WL 169111 (S.D.N.Y. Jan. 19, 2021), holding that §7515 of the New York Civil Practice Law and Rules is pre-empted, thereby precluding it from enabling a victim of sexual assault to assert claims in court rather than arbitration.

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