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COADY v. NATIONWIDE MOTOR SALES CORP.

No. 20-2302.

32 F.4th 288 (2022)

Michael COADY; Charles Jenkins; Lawrence Holmes; William Freburger; Russell J. Macey, Jr., Plaintiffs-Appellees, v. NATIONWIDE MOTOR SALES CORP., d/b/a Nationwide Infiniti of Timonium, d/b/a Nationwide Kia, d/b/a Nationwide Nissan, d/b/a Nationwide Motor Sales, a/k/a Nationwide Pre-Owned; William H. Schaefer, Jr.; Brandon E. Schaefer, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: April 25, 2022.

Attorney(s) appearing for the Case

ARGUED: William James Murphy , ZUCKERMAN SPAEDER, LLP, Baltimore, Maryland, for Appellants. Brian Joseph Markovitz , JOSEPH, GREENWALD & LAAKE, P.A., Greenbelt, Maryland, for Appellees. ON BRIEF: Robert M. Gittins , ECCLESTON & WOLF, PC, Hanover, Maryland; John J. Connolly , Alicia Shelton , ZUCKERMAN SPAEDER LLP, Baltimore, Maryland, for Appellants. Nicholas N. Bernard , JOSEPH, GREENWALD & LAAKE, P.A., Greenbelt, Maryland; Jonathan Rudnick , THE LAW OFFICE OF JONATHAN RUDNICK LLC, Tinton Falls, New Jersey, for Appellees.

Affirmed by published opinion. Judge Rushing wrote the opinion, in which Judge Wynn and Judge Thacker joined.

In this case, we are asked to determine whether a valid arbitration agreement exists between an employer and certain employees. Applying Maryland law, we conclude that the promise to arbitrate was illusory because, on the agreement's signature page, the employer retained the right to amend or abolish the agreement without...

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