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Before: Pooler, Hall, and Livingston, C.JJ. http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=121653 PLAINTIFF was employed by Atlantic Video (AVI), a broadcast and film production and post-production firm. ESPN is a major AVI client. Plaintiff claimed her termination by AVI was in retaliation for complaints of sexual harassment against members of an ESPN news show. After waiving an arbitration agreement’s allegedly unconscionable limitations reducing and fee-shifting clauses, AVI and ESPN sought dismissal of plaintiff’s employment discrimination action—asserting claims under Title VII of the Civil Rights Act—and to compel arbitration. The district court held the arbitration agreement was neither procedurally nor substantively unconscionable, and that although not an agreement signatory, plaintiff’s claims against ESPN could be arbitrated because they were intertwined with those against AVI. The circuit affirmed. Citing Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth Inc., it determined the arbitration agrement, as modified by defendants’ waivers, will allow plaintiff to “vindicate her statutory causes of action in the arbitral forum.” However, the panel emphasized it was not clear whether it would reach the same result had defendants attempted to enforce the arbitration agreement in its entirety.

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