Babener & Associates

The North Carolina Court of Appeals held the referral discount in question was a violation of the state statute. Goodman agreed to pay $750 for a two-year membership to the spa. The sales person promised her a $20 discount off…more

The Court of Appeals held that yes, the evidence admitted in Bestline's trial was properly admitted. Bestline was found liable for deceptive trade practices in recruiting potential distributors. Beltline claimed that because the…more

The Superior Court held that material questions of fact surrounded the questions presented, and summary judgment was therefore not appropriate. Chrysler First Financial made loans to consumers that were used to purchase portions…more

The Superior Court held that its previous decision was correct concerning material questions of fact that surrounded the questions presented, and summary judgment was therefore not appropriate. Chrysler First Financial made…more

Bruner was accused of selling unregistered securities in violation of Texas state law. Bruner sold soap in an MLM structure to Owens who bought into the program based on representations that he would not have to perform any work…more

The New York City Court of Yonkers decided yes, a contract with a pyramid scheme could be voided for lack of consideration. NU-Concepts sold travel agent training plans that provided no training or education, only the right to…more

The Ohio Supreme Court held that the standard for a criminal contempt conviction is the same as a regular criminal conviction: guilty beyond a reasonable doubt. Executive 200 had previously been enjoined from operating a pyramid…more

The Consent Order requires Bogdana to cease advertising that its Cholestaway supplement significantly effects cholesterol, fat, or triglycerides, and can result in significant weight loss. It is also prohibited from using the…more

In settling with the FTC, Body Wise agreed not to claim that its products could help users lose weight without changing their diet or exercising. The company agreed to only make such health related claims that are supported by…more

The Consent Agreement with Bee-Sweet prohibits the company from claiming that any of its products containing bee pollen are effective in the cure or mitigation of the ailments claimed in the complaint. The company was also…more

The Court of Appeals held that summary judgment against Challenge was not proper. Summary judgment is proper only when there is no questing of material fact, and the moving party is entitled to summary judgment as a matter of…more

The Oregon Tax Court held that the losses could be properly deducted if the taxpayer could show that they were engaged in a business for profit. The taxpayers in this case could not show that three of the four lines of products…more

The Texas Court of Appeals held that Alpine was properly held to be liable for sales tax on units sold in Texas. The company argued that its distributors were independent contractors and did not meet the state's definition of a…more

The Missouri Supreme Court held that Missouri could impose its net income tax on Amway's sale of distributorships within the state. Amway contended that federal law prohibits the imposition of state income taxes on revenue…more

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