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The Ninth Circuit held that the promotional brochure was not part of the agreement, and contained fundamental elements that did not create a security as defined by federal law. The distributor agreement specified that the...more
The Court held that referral sales programs of the type in question do not constitute illegal lotteries under Idaho Law. An illegal lottery must give a return based solely on chance in Idaho. Cen-States Marketing sold stereos...more
The Appellate Court held that Figurettes was an illegal pyramid program in violation of state law. Figurettes' marketing program emphasized recruitment of downline distributors and inventory loading over actual retail sales....more
The Court of Appeals ruled that the District Court erred when it did not consider the distributor agreement between Koscot and Bond to be a security. Bond signed a distributor agreement, authorizing her to purchase cosmetics...more
The Court held that the terms of the Distribution agreement between Blackmon and Mary Kay were unambiguous. The agreement specified that all rights of a distributor terminate when the agreement is terminated, including the...more
Increasing burdens on small law firms, the state supreme court added restrictions on contacting potential clients, and required that "Advertising Material" appear on marketing materials....more
The Georgia Court of Appeals held that a claim under the Business Practices Act was a claim independent of a contract claim, and was not subject to the contract's forum selection clause or barred res judicata. Walker had...more
Brief detailing the origin of many class actions brought under the Telephone Consumer Protection Act, and in support of motion to dismiss case for lack of subject matter jurisdiction based on tender of Offer of Judgment to...more
Global Verge hired Rodgers as a consultant and sued him and PHP after he stopped working at Global and joined PHP as their new CEO, alleging that he violated his confidentiality agreement at PHP. Global sued in Nevada, its...more
The Ninth Circuit held that the District court did not err in ordering the disclosure of the identities of the online speakers, denying the writ of mandamus. TEAM was a distributor of sales support material to Amway, then...more
No. The Supreme Court of Texas found that the trial court did not abuse its discretion in allowing the forum non conveniens dismissal. Although ordinarily a resident plaintiff's choice of forum deserves deference, a...more
The Montana Supreme Court held that dismissing Peterman's lawsuit was not an abuse of the trial court's discretion. Peterman was an Herbalife distributor for a number of years. His share of the distributorship was awarded to...more
The Court held that each party's experts could present opinions only to the extent that they were relevant to the underlying claims of the case and were reasonably founded in fact or experience. Expert testimony was to be...more
Powderham, a British citizen, signed a 3-year contract to develop a European market for Synergy. The contract allowed Synergy to terminate Powderham "at any time by giving thirty (30) days' written notice if Company is...more
For at least two years there has been a raging debate concerning legal education in America. The New York Times, in a feature piece published January 9, 2011 poured an enormous amount of accelerant on the subject. The debate...more
The District Court held that the wording of the arbitration clause applied only to current Amway distributors and did not apply to post-termination disputes between the company and distributors. Amway's arbitration agreement...more
The Court of Appeals upheld the District Court's finding that Quixtar's mandatory arbitration program was unconscionable and against public policy. The program was procedurally unconscionable because it was thrust upon...more
The court held that a preliminary injunction, lasting 3 months, was appropriate to prevent foreseeable harm to the MLM company. Zrii manufactured and distributed a natural health drink through an MLM network of over 70,000...more
The District Court held that triable issues of fact exist on Ford's allegations that Herbalife was a pyramid scheme, but that the company's distribution agreement contained a non-solicitation clause that could not be enforced...more
Morrison was part of a class action lawsuit against YTB and its related entities, claiming that the company was an unlawful pyramid scheme and seeking $100 million in damages. They claimed damages under the Illinois Consumer...more
The Federal Court held that it could not vacate the order issued under the state court's inherent contempt powers. At the state court hearing on the matter, the court found that one of the defendants had actually increased...more
The Court held that Amway’s actions did not involve a horizontal restraint of trade in violation of the anti-trust statutes. Nitro operated a "tool" business, selling support and motivational materials to Amway distributors....more
The Court held that, because the products were expired, they were not subject to the first sale doctrine, and consequently infringed on the company's trademark. Weber was unsuccessful as a Mary Kay distributor and stopped...more
Dean was a distributor of Tahitian Noni products who, in violation of his distributor agreement, solicited members of his downline to drop Tahitian Noni and promote a competitor’s products. Tahitian Noni moved for an...more
Article 4 Things You Need to Know About Car Accidents published in the 12/08 edition of Phoenix Health and Wellness Magazine. Article is on page 8....more
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