IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 3, 2009
No. 08-50476 Charles R. Fulbruge III
Clerk
CYNTHIA ZAMORA,
Plaintiff–Appellee,
v.
SWIFT TRANSPORTATION CORPORATION,
Defendant–Appellant.
No. 08-50546
CARLOS CASTANEDA,
Plaintiff–Appellee,
v.
SWIFT TRANSPORTATION CORPORATION,
Defendant–Appellant.
No. 08-50631
ALBERT ZAMORA,
Plaintiff–Appellee,
v.
SWIFT TRANSPORTATION CORPORATION,
Nos. 08-50476, 08-50546, 08-50631
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.
PER CURIAM:*
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.1 Accordingly, Swift’s motions to compel
arbitration were appropriately denied. AFFIRMED.
*
Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.
1
See J.M. Davidson, Inc. v. Webster, 128 S.W.3d 223, 230 & n.2 (Tex. 2003).
2