CarMax Says Worker Arbitration Agreement Not 'Illusory'

Law360, Los Angeles (February 20, 2014, 9:13 PM EST) -- CarMax Auto Superstores California LLC on Thursday urged a California appeals court to send a former employee's wrongful termination suit to arbitration, saying a lower court erred in ruling the employee's arbitration agreement with CarMax was unenforceable.

During oral arguments before the Second District Court of Appeal, CarMax's attorney, Jack Sholkoff of Ogletree Deakins Nash Smoak & Stewart PC, argued that a lower court incorrectly ruled that the dispute resolution agreement between CarMax and former employee Mario Casas was "illusory" because CarMax had the ability to unilaterally modify or terminate the agreement.

"[The trial court] assumed ... the dispute resolution agreement,...

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