Civil Procedure – May 23, 2012

by Babener & Associates on 12/27/2011

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

by Babener & Associates on 12/27/2011

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

by Babener & Associates on 12/27/2011

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

by David Almeida on 9/28/2010

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

by Babener & Associates on 1/14/1988

The Crosby's used several cashiers’ checks to invest in Lewis's pyramid scheme. The State ultimately shut it down and appointed a receiver to distribute the remaining funds to creditors, of which the Crosby’s were also. Lewis...more