Miron v. Herbalife , 11 Fed.Appx. 927 (2001)

Does a distributor agreement contain implied reciprocal duties on the MLM company?


The Ninth Circuit affirmed the district court's dismissal of the Miron's claims because the distributor agreement specified the duties of the distributor and did not prohibit the unilateral activity that the company took. The distribution contract spelled out numerous duties of a distributor, but did not imply that the company itself could not do the types of things that the distributor was prohibited from doing. Because the agreement with Herbalife did not prevent a downline reassignment, there could be no breach of contract or any other type of contractual violation by the company.

Full case and case summary also available at: http://www.mlmlegal.com/legal-cases/Miron_v_Herbalife.php

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Published In: MLM / Direct Sales Updates, MLM Consulting / Network Marketing Updates

Reference Info:Federal, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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