Ailes Ends Attempt To Get Carlson Suit Decided By NY Fed Court

In a stipulation he filed jointly with Carlson in August, Ailes also agreed to withdraw his petition in the Southern District to compel arbitration of the dispute if the judge hearing the New Jersey case approves the agreement. Carlson, for her part, consented to proceeding before the American Arbitration Association in New York City if U.S. District of New Jersey Judge Jose Linares, who is hearing the case, determines that her claims are subject to arbitration. Carlson's consent to arbitration is subject to the right to appeal, says the stipulation.

The agreement came after weeks of battling between the two sides over the venue of the case, which Carlson, a Connecticut resident, filed in state court in Bergen County, New Jersey, in early June, citing Ailes' home in Creskill, NJ. Carlson v. Ailes (Supr. Ct. N.J., Bergen Cty.). Ailes removed the case to federal court in Newark, claiming he does not live in New Jersey but resides in Manhattan and Garrison, NY. Carlson v. Ailes, 2:2016cv04138 (D.N.J.). On July 8, Ailes moved in the federal court in Newark to compel arbitration, but on July 15 he withdrew that petition and filed a separate suit in the Southern District of New York. Ailes v. Carlson, 1:2016cv05671 (S.D.N.Y.). Also on that date, Ailes' lawyers moved to transfer the case to the Southern District, or, in the alternative, to stay the case pending the outcome of the petition to compel arbitration in the New York court.