Mahant v. Lehman Bros.
Mahant v. Lehman Bros.
Opinion of the Court
SUMMARY ORDER
AFTER ARGUMENT AND UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that this appeal is hereby DISMISSED.
Plaintiff-Appellant Sarika Mahant filed suit against her former employer, Defendant Appellee Lehman Brothers, alleging that she was terminated in violation of federal and state anti-discrimination law. She appeals from an opinion and order of the United States District Court for the Southern District of New York (Michael B. Mukasey, Chief Judge), filed November 22, 2000, dismissing her complaint without prejudice and granting the defendant’s motion to compel arbitration of her claims. We assume familiarity with the factual background recited in the District Court’s opinion. See Mahant v. Lehman Bros., No. 99 Civ. 4421, 2000 WL 1738399, at *1 (S.D.N.Y. Nov. 22, 2000).
Before the District Court, the plaintiff argued that the arbitration clause in her employment agreement was unenforceable because she signed the contract while under duress from the defendant. On appeal, she appears to have abandoned this argument. Instead, she advances two new theories, neither of which was presented to the District Court: first, that the arbitration clause was obtained through fraudulent inducement, and second, that it was obtained through negligent misrepresentation.
‘We generally will not address an issue first raised on appeal except to prevent obvious injustice or, in rare cases, when the issue is suitable for decision on the record, without additional factfinding.” Suez Equity Investors, L.P. v. Toronto-Dominion Bank, 250 F.3d 87, 104 (2d Cir. 2001) (citing Singleton v. Wulff, 428 U.S. 106, 120-21, 96 S.Ct. 2868, 49 L.Ed.2d 826 (1976); Greene v. United States, 13 F.3d 577, 586 (2d Cir. 1994)). Here, the plaintiff, who was represented by counsel before the District Court, had a full and fair opportunity to raise any argument against the enforceability of the arbitration clause. Absent some extenuating factor not present here, no “obvious injustice” would result from our barring the plaintiff from raising her new arguments before this Court.
Moreover, regardless of whether the plaintiffs new arguments otherwise might be suitable for decision on the record before us and without additional fact-finding, those arguments must first be ad
Because the plaintiffs arguments on appeal were not presented to the District Court and, in any case, must be addressed by an arbitrator, the plaintiffs appeal is hereby DISMISSED.
On appeal, the plaintiff does not contest that her claims are arbitrable and are within the scope of the arbitration agreement. See generally Genesco, Inc. v. T. Kakiuchi & Co., 815 F.2d 840, 844 (2d Cir. 1987).
Reference
- Full Case Name
- Sarika MAHANT v. LEHMAN BROTHERS
- Status
- Published