Motion Granted

I just learned that my motion for leave to appeal to the New York State Court of Appeals, the highest court in the state, was granted. They only accept about 5% of the cases looking to appeal, and it freaking rules that we won.

The case is Sum v. Tishman Speyers. Sum was a cleaning lady in a union who was sexually harassed at work and ultimately fired, after she complained. We brought the lawsuit in state court, and the company moved to compel arbitration, saying that under the union's collective bargaining agreement ("CBA"), she had waived her right to a jury. The court granted the motion, since the existing state law says these agreements are enforceable.

The problem is that the federal courts, and almost every court in the country, hold that these CBA jury waivers are NOT enforceable. We appealed to the mid-level court, the First Department, asking the court to essentially reverse itself and bring the law of New York State in line with the rest of the country. We lost, in a very short opinion.

Our victory today permits us to appeal to the highest court in the state, to see if we can get New York in line with the rest of the country. I'll keep you posted. This rocks.