Cummings v. Future Nissan

Plaintiff Shellie Cummings filed this action for damages from an allegedly wrongful dismissal from her employment with defendant Future Nissan. The defendant answered and successfully moved to compel arbitration pursuant to a two-tiered procedure contained in her employment contract. Although the initial arbitration award was in the plaintiff’s favor, upon a second-level review the “appellate” arbitrator reversed the initial award and found in favor of the defendant. The trial court issued an order granting the defendant’s motion to confirm the award and denying the plaintiff’s motion to vacate it.

In a premature appeal from the order, the plaintiff raises various meritless arguments against the enforceability of the arbitration clause in general and its provision for a second level of review in particular. As she was aware of these grounds at the time the defendants moved to compel arbitration but failed to raise them, we hold that she has forfeited plenary consideration of them. We also hold that her complaints about the manner in which the arbitration proceeded are meritless: she is responsible for any delay; the employer bore all the costs; the creation of a “settled…