The Court of Appeals held that the District court judge impermissibly ruled on the validity of Holiday Magic's constitutional claims, and should have instead deferred those questions to a three-judge panel. Holiday Magic challenged the Wisconsin Department of Agriculture's general order prohibiting chain distributor programs as unfair trade practices. Holiday Magic claimed that the order violated their constitutionally protected rights of speech and association. The Court of Appeals sided with Holiday Magic by ruling that constitutional questions like those asserted in the complaint, should be heard by a three judge panel instead of a single judge. The court did not rule on the merits of the complaint.
Full case and case summary are also available at: http://www.mlmlegal.com/legal-cases/Holiday%20Magic%20v.%20Warren.php
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MLM / Direct Sales Updates, MLM Consulting / Network Marketing Updates
Federal, 7th Circuit, Wisconsin |
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