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Zamora v. Swift Transp. Corp.

United States Court of Appeals, Fifth Circuit
Apr 3, 2009
319 F. App'x 333 (5th Cir. 2009)

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).


Summaries of

Zamora v. Swift Transp. Corp.

United States Court of Appeals, Fifth Circuit
Apr 3, 2009
319 F. App'x 333 (5th Cir. 2009)

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.
Case details for

Zamora v. Swift Transp. Corp.

Case Details

Full title:Cynthia ZAMORA, Plaintiff-Appellee, v. SWIFT TRANSPORTATION CORPORATION…

Court:United States Court of Appeals, Fifth Circuit

Date published: Apr 3, 2009

Citations

319 F. App'x 333 (5th Cir. 2009)

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