PHILADELPHIA, PA — A California state court last week denied motions by Roblox Corp. and Discord Inc. to compel arbitration in a lawsuit alleging the grooming, kidnapping and sexual assault of a 10-year-old girl, allowing the case to proceed in open court.
In rulings issued by the San Mateo County Superior Court, the judge held that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 applies to the claims, rejecting the companies’ efforts to move the dispute into confidential arbitration.
According to the court’s decisions, the statute applies to “any case … which relates to the sexual assault dispute,” and is not limited to workplace disputes or assaults occurring on business premises. The court found the complaint sufficiently alleges a “sexual assault dispute” under the law and ruled that claims against online platforms may relate to such disputes even when the alleged perpetrator is a third party.
The court also found that Discord did not demonstrate that the minor knowingly and voluntarily waived her statutory rights under the act.
“The court made clear that the EFAA applies broadly,” Alexandra Walsh, a shareholder at Anapol Weiss and plaintiffs’ co-lead counsel in the federal Roblox multidistrict litigation, said in a statement.
Pat Huyett, who leads day-to-day litigation for Anapol Weiss in related matters, said the decision allows families to pursue claims publicly rather than in confidential proceedings.
The lawsuit is part of broader litigation involving allegations that children were groomed and exploited through online platforms. Anapol Weiss said it represents hundreds of families in the federal multidistrict litigation and related proceedings.
Roblox and Discord did not immediately comment in the announcement on the court’s ruling.
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