Fox News Case to Test New Arbitration Law’s Retroactive Reach

A high-profile sexual harassment suit against Fox News executives from former host Andrea Tantaros that’s wielding a law banning forced arbitration in some cases signals that courts will have to grapple with retroactivity under the new protections.

The law, which took effect in March, carves out sexual harassment and assault from arbitration, addressing a contention—sparked by the #MeToo movement—that such clauses silence victims making allegations and allow harassment to persist. Businesses use arbitration agreements to quickly resolve claims instead of going to court.

The Tantaros case raises the question of whether that federal law should inform ongoing cases—and whether it ...