Fox News' Ailes, Carlson Trade Claims of Forum Shopping
Former Fox News host Gretchen Carlson and former Fox News CEO Roger Ailes are accusing one another of forum shopping in their fight over whether Carlson's sexual harassment claim against Ailes should be arbitrated or go to court. Carlson "is…
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engaged in the ultimate forum shopping" by filing her sexual harassment claim in New Jersey state court, even though neither she nor Ailes lives there, and citing New York City law, while being required to bring claims to arbitration at the American Arbitration Association in New York City, Ailes said in a memorandum in opposition to Carlson's application for a temporary restraining order. Preliminary injunctive relief should be denied since Carlson can't demonstrate a likelihood of success on the merits, irreparable harm if she doesn't get injunctive relief, a balance of hardship tipped in her favor or that such an injunction is in the public interest, Ailes said in the filing (in Pacer) Tuesday in U.S. District Court in Newark, New Jersey. Carlson, in her application (in Pacer) for order to show cause filed earlier this month, asked the court to restrain Ailes from pursuing the petition under the Federal Arbitration Act he filed in U.S. District Court in Manhattan (see 1607180019). In that application, Carlson said that Ailes waived venue issues in his motion to compel arbitration when he omitted any claim the venue was more properly New York than New Jersey and that his filing in New York "amounts to prohibited judge-shopping and forum shopping."