Diverging Standards to Invoke the EFAA in the Southern District

December 17, 2024  |  New York Law Journal

Recent case law has highlighted diverging standards for invoking the EFAA in the Southern District of New York. In Diaz-Roa v. Hermes Law, Judge Liman ruled that plaintiffs need only plead nonfrivolous claims of conduct constituting sexual harassment to invalidate arbitration agreements, rejecting the stricter Rule 12(b)(6) standard applied in Yost v. Everyrealm by Judge Engelmayer.  In their latest article for the New York Law Journal, “Diverging Standards to Invoke the EFAA in the Southern District,” Morvillo Abramowitz partners Edward M. Spiro and Christopher B. Harwood analyze the split among Southern District judges, comparing Judge Liman’s adoption of a lenient standard with Judge Engelmayer’s stricter approach, and discuss the implications for future EFAA cases pending appellate resolution.

Diverging Standards to Invoke the EFAA in the Southern District (pdf | 183.03 KB)