The U.S. Court of Appeals for the Second Circuit indicated Wednesday that it may call upon New York’s highest court to decide a question central to whether some plaintiffs alleging harassment and employment discrimination may pursue their claims in state court.

Andrea Tantoros, former Fox News anchor Andrea Tantaros, former Fox News anchor

The comment, from U.S. Circuit Judge John M. Walker Jr., came in the appeal of Andrea Tantaros, a former Fox News Network co-host, who sued Fox News, Bill Shine, Irena Briganti and the estate of Roger Ailes to invalidate an arbitration agreement with the network requiring her claims to be resolved in private.

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