An arbitrator should have the first stab at deciding over the validity of an arbitration agreement, U.S. District Judge Jesse Furman of the Southern District of New York ruled Thursday in an action brought by a former employee of President Donald Trump’s 2016 campaign who fought an attempt to have her harassment claims in state court sent to arbitration.

But Furman’s decision appears to run counter to a recent decision by the judge in the state case, New York County Supreme Court Justice Arlene Bluth, who ruled that Jessica Denson’s state-law claims fell outside the scope of the arbitration clause.

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