On March 26, 2020, Magistrate Judge Robert W. Lehrburger issued an important decision in Chen–Oster v. Goldman, Sachs & Co., No. 10CIV6950ATRWL, 2020 WL 1467182 (S.D.N.Y. Mar. 26, 2020), an employment discrimination class action against Goldman Sachs.
Chen is notable for two reasons. First, it addresses when a defendant in a certified class action waives its right to arbitrate. Second, it provides a comprehensive discussion of a topic the Second Circuit has not addressed: the enforceability of arbitration agreements signed after a class action is filed.
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