Summary
affirming in a one-page opinion the district court's holding that an arbitration agreement was illusory because the employer “reserved the right to revoke or modify the agreements at any time without notice”
Summary of this case from Carey v. 24 Hour Fitness, USA, Inc.Opinion
Nos. 08-50476, 08-50546, 08-50631.
April 3, 2009.
Lisa A. Elizondo, Elizondo Hayes PC, El Paso, TX, for Plaintiff-Appellee.
Gerald Green Howard, Charles C. High, Jr., Kemp Smith, El Paso, TX, for Defendant-Appellant.
Appeals from the United States District Court for the Western District of Texas, USDC Nos. 3:07-CV-452, 3:07-CV-369, and 3:07-CV-400.
Before GARWOOD, OWEN, and HAYNES, Circuit Judges.
Swift Transportation Corporation (Swift) appeals the denials of its motions to compel arbitration in three separate cases brought against it by former employees. The cases below came before three different district court judges,. each of whom correctly concluded that the respective arbitration agreements at issue were illusory because Swift reserved the right to revoke or modify the agreements at any time without notice. Accordingly, Swift's motions to compel arbitration were appropriately denied. AFFIRMED.
See J.M. Davidson, Inc. v. Webster, 128 S.W.3d 223, 230 n. 2 (Tex. 2003).