Original Source
See also The IBO Rebellion
Arbitration agreement ruled:
"illusory and unenforceable"
in Morrison case
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Read the court's opinion for yourself. Morrison's arguements Amway's arguements
I'll present an analysis at the end of the weekend.
I would not be surprised if the same arguement could be made for Amway's "non-compete" agreement......
"We accordingly hold that the arbitration agreement was illusory and unenforceable under Davidson as applied to the claims asserted in the instant suit.12 We thus reverse the district court’s October 15, 1998 order staying the case pending arbitration and its September 15, 2005 final judgment denying the Distributors’ motion to vacate the award, granting Amway’s motion to confirm the award, and entering judgment based upon the award; and we remand the case for further proceedings not inconsistent herewith.
REVERSED and REMANDED"
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3 comments:
Start spreading the word. I'm betting there are a lot of IBO's over the years that were forced into arbitration settlements against their will. This could possibly allow them to get some justice.
I wonder how many IBO's have gone through arbitration over the years. Because of the confidentiality clause in their settlement, they may have been afraid to say anything. Maybe now we can find out more details now of some of the lesser known cases.
FIRED UP!!!
Just imigaine how many new lawsuits will be aginst Quisand now?!!
Man if I worked for AmQuix, I would be sending out resumes.
I agree. With Quixtar's aggressive approach against Team, they are only fueling the fire. I predict that the current number of lawsuits is nothing compared to the potential hundreds or even thousands more that will probably start coming due to this ruling.
If I were Quixtar, I'd do the smart thing and just agree to disagree and let Team go peacefully. Doug DeVos himself made the statement that he has no problem with people chosing to go a different way. Let's see if he has the integrity to make his rules department adhere to that philosophy.
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