Civil Procedure

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News & Analysis as of May 22, 2013

Walker v. Amerireach.com

Is a claim under a state's business practices act barred by a default of a previous contract claim?

by Babener & Associates on 10/29/2010

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

Wilder Chiropractic v. Pizza Hut of Southern Wisconsin, Inc.

Motion to Dismiss for Lack of Subject Matter Jurisdiction as a result of Offer of Judgment

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

Kavky v. Herbalife

Does the state anti-fraud statute apply to the sale of business opportunities?

by Babener & Associates on 4/22/2003

The Appellate Court held that state anti-fraud statutes do apply to the sale of businesses and business opportunities as long as the elements are met. Kavky responded to an advertisement from Herbalife soliciting distributors...more

Watkins v. Alvey

Is the promoter of an airplane investment scheme a supplier under the Indiana Deceptive Consumer Act?

by Babener & Associates on 1/30/1990

The Court of Appeals held that the promoter of an Airplane investment scheme could be found liable as a supplier under the Indiana Deceptive Consumer Act. The Indiana Legislature clearly intended to provide a cause of action...more

New Jersey v. Koscot Interplanetary

Do the promotion of Koscot distributorships violate New Jersey state statutes on Consumer Fraud and Antitrust?

by Babener & Associates on 7/26/1972

The New Jersey Superior Court found that the activities of Koscot did violate New Jersey Statute. The promotional meetings of Koscot misrepresented the amount of money that distributors were currently making. Specifically,...more

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MLM / Direct Sales › Consumer Protection › Civil Procedure

Walker v. Amerireach.com

Is a claim under a state's business practices act barred by a default of a previous contract claim?

Wilder Chiropractic v. Pizza Hut of Southern Wisconsin, Inc.

Motion to Dismiss for Lack of Subject Matter Jurisdiction as a result of Offer of Judgment

Kavky v. Herbalife

Does the state anti-fraud statute apply to the sale of business opportunities?

Watkins v. Alvey

Is the promoter of an airplane investment scheme a supplier under the Indiana Deceptive Consumer Act?

New Jersey v. Koscot Interplanetary

Do the promotion of Koscot distributorships violate New Jersey state statutes on Consumer Fraud and Antitrust?

Walker v. Amerireach.com

Wilder Chiropractic v. Pizza Hut of Southern Wisconsin, Inc.

Kavky v. Herbalife

Watkins v. Alvey

New Jersey v. Koscot Interplanetary

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