Sue Costello v. Paramount Global, Inc.

Question 1: Whether the Federal Arbitration Act requires a court to decide the threshold question of contract formation before compelling arbitration. 9 U.S.C. §§ 2,4. Question 2: Whether Rule 41(b) permits dismissal with prejudice for failure to arbitrate when the plaintiff asked the designated forum what policy applied if the arbitrator discovered crimes, and the forum said the court must handle it and would not engage. Question 3: Whether a court may refuse coverage under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, 9 U.S.C. § 402, and whether a court of appeals may then summarily affirm the dismissal, without reasoned explanation, after acknowledging on the record that the result sits in tension with that Act.