Overview
Case Number: Cal. Ct. App., 1st Dist., Nos. A175211, A175220 & A175379 (consolidated); San Mateo County Superior Court No. 25-CIV-01193
Practice Area: Appeals & Complex Briefing Child Sex Abuse & Sexual Assault
Case Status: Pending
Court: California Court of Appeal, First Appellate District (on appeal from the Superior Court of California, County of San Mateo, Hon. Nina Shapirshtyen)
Berger Montague filed an amicus curiae brief on behalf of three U.S. Senators — Richard Blumenthal, Richard Durbin, and Kirsten Gillibrand — in this consolidated appeal, which asks the California Court of Appeal to decide whether the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) bars Discord and Roblox from forcing a child sexual abuse survivor’s claims into private arbitration.
The Superior Court of San Mateo County (Hon. Nina Shapirshtyen, presiding) denied Discord’s and Roblox’s motions to compel arbitration in the underlying case. On appeal, Discord and Roblox argue that the EFAA applies only to employment cases, or to consumer cases where the person who committed the assault or harassment was a company employee. On August 28, 2026, Berger Montague filed an amicus brief on behalf of Senators Blumenthal, Durbin, and Gillibrand — among the Act’s principal sponsors — urging the Court of Appeals to reject that narrow reading and affirm the trial court’s ruling.
Read more about this case:
- Roblox Invokes Forced Arbitration of Child Sexual Abuse Survivor, Digital Music News (August 31, 2026). Read more here.
- Senators Condemn Roblox, Discord for Moving Victims Into Arbitration, Bloomberg (August 31, 2026). Read more here.
- US Senators Say Discord and Roblox Should Have Their Day in Court, GameSpot (August 31, 2026). Read more here.
- Roblox Wants Deluge of Child Sex Abuse Cases Moved Out of Court, Claims Journal (June 10, 2026). Read more here.
- Senators Say Roblox, Discord Can’t Arbitrate Sex Abuse Suit, Law360 (August 31, 2026). Read more here.
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Doe v. Discord, Roblox: Senators’ Amicus Brief on Forced Arbitration in Child Sexual Abuse Case FAQs
What is Doe v. Discord, Inc. and Roblox Corp. about?
A 13-year-old boy, proceeding as “John Doe” through his guardian ad litem, was contacted on Roblox by an adult predator posing as a teenager. The conversation moved to Discord, where the predator coerced the child into sharing explicit images. The lawsuit alleges Discord and Roblox failed to implement adequate safeguards to protect minors from known predators on their platforms.
Why did Discord and Roblox try to move this case into arbitration?
Discord’s and Roblox’s terms of service contain arbitration clauses. The companies asked the trial court to compel the family to pursue their claims in private arbitration rather than in open court. The Superior Court of San Mateo County denied that request, and Discord and Roblox appealed.
What is the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA)?
The EFAA is a 2022 federal law, codified at 9 U.S.C. § 402(a), that gives survivors of sexual assault and sexual harassment the choice to pursue their claims in court, even if they previously agreed to arbitration.
What are Discord and Roblox arguing on appeal?
Discord and Roblox argue that the EFAA applies only to employment disputes, or to consumer cases where the person who committed the assault or harassment was a company employee — a reading that would exclude this case.
What did the Senators argue in the amicus brief?
Senators Blumenthal, Durbin, and Gillibrand — among the EFAA’s principal sponsors — argued that Congress intended the Act to be read broadly to cover any case relating to a sexual assault or sexual harassment dispute. They urged the Court of Appeal to reject Discord’s and Roblox’s narrow interpretation and affirm the order denying arbitration.
Why did Berger Montague get involved?
Berger Montague attorneys Paul Bland, Matt Summers, and paralegal Annalyn St. Ledger represent Senators Blumenthal, Durbin, and Gillibrand as amici curiae, drafting and filing the brief on the Senators’ behalf to help ensure the EFAA is interpreted consistent with Congress’s intent.
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