Chris Cuomo can’t revive his bid to disqualify the arbitrator overseeing his $125 million claim against CNN, a New York appeals court has ruled.
The court found that Cuomo “did not set forth facts to indicate that the arbitrator was biased in his handling of the arbitration.” He had initiated the proceedings after he was fired by CNN in 2021 after a deposition revealed he gave advice to his brother, former New York Gov. Andrew Cuomo, who was accused of sexual harassment.
The demand for arbitration alleged a campaign to smear the former anchor. It claimed that Cuomo was prematurely fired in an “apparent rush to judgment and caving to uninformed public and internal pressure that was based on speculation.”
Cuomo’s lawyers had moved to remove JAMS arbitrator Stephen Sonnenberg because he failed to disclose four CNN-related matters that his former law firm handled when he worked at Paul Hastings. He was also personally involved in a 2003 case involving the network, though he said he had no recollection of the matter.
In the order, issued on Tuesday, the court stressed that Cuomo’s lawyers had no issue with the 39 orders issued so far in the arbitration. “Nor did counsel claim there was any misconduct on the part of the arbitrator, and was willing to proceed with the arbitration, but only if a new arbitrator was selected by the parties,” the ruling stated. “However, an arbitrator may not be disqualified solely because of his relationship to a party, but rather, upon facts demonstrating partiality to a litigant.”
Cuomo’s bid for discovery to explore Sonnenberg’s recollection of the CNN case he was involved in was properly denied since it was grounded in speculation that he wasn’t honest, the appeals court concluded. It also pointed to Sonnenberg handling the case more than 20 years ago and that his firm was only paid $3,000 in legal fees.
Cuomo had been with CNN since 2013, first as the anchor of its morning show New Day, and then as a primetime host, where he would often have more of a “take” on the day’s news. In the early weeks and months of the pandemic, he also hosted his older brother on his CNN program, with Zucker and Gollust’s blessing, despite there being a ban on such interviews since 2013. He currently hosts a show on rival cable outlet NewsNation.
With the latest appeal denied, Sonnenberg will continue to preside over nine-figure arbitration initiated by Cuomo against his former network, proceedings that may stretch in to year five.