Last week marked a very successful week for Melaleuca in the legal arena:
First and foremost, Melaleuca was granted a TRO (temporary restraining order) against Max International. The conclusion of the rather remarkable order from the United States District Court for the District of Idaho reads this way:
The Court finds that the plaintiff has met its burden for a TRO and preliminary injunction by demonstrating the likelihood that it will succeed on the merits, the irreparable harm it will incur, and that the balance of the inequities and the public interest tip sharply in its favor. Accordingly, Plaintiff’s Motion for TRO and Preliminary Injunction is hereby Granted. Furthermore, Defendant Max International is hereby ENJOINED from accepting as Max business associates, former Marketing Executives of Melaleuca who are in the downlines of any current Max associate who is currently or has been in the last twelve months a Melaleuca Marketing Executive. It is further ORDERED that for any Max business associate proposed to be accepted in the downlines of Rick or Natalie Foeller, Gwen or Ledell Miles, Chuck or Cheryl Alimena, and Raymond and Laurie Agren, Defendant Max shall obtain a certification from that proposed business associate stating the associate has not been a Melaleuca Marketing Executive in the previous twelve months and was not solicited directly or indirectly by any of the above named individuals or by any other person who has been a Melaleuca Marketing Executive with the previous twelve-month period.
Max International’s response was:
On January 7, 2010, the Honorable William F. Downes, United States District Court Judge, entered an order enjoining Max International, LLC (?Max?) from ?accepting as Max business associates,? former Melaleuca, Inc. (?Melaleuca?) Marketing Executives ?who are in the downlines of any current Max associate who is currently or has been in the last twelve months a Melaleuca Marketing Executive.?
While Max intends to comply fully with Judge Downes? Order, Max will continue to vigorously defend the lawsuit filed by Melaleuca. Max views it as deeply unfortunate that Melaleuca has decided to use the litigation process to preclude former Melaleuca Marketing Executives from having the freedom to decide where they want to work. Max believes that litigation tactics designed to intimidate and cause fear among multi-level marketing associates are counterproductive, and not in the long-term bests interests of the industry.
A complete copy of Judge Downes? Order is available from the United States District Court for the District of Idaho.
What this means for you is that until further notice, in order to comply with the court order, current and former Melaleuca marketing executives may not become Max associates.
Also, according to ktvb.com in Boise, ID, in a completely unrelated legal action, former VP of Marketing for Melaleuca, Jeff Wasden was ordered to repay over $240,000 to Melaleuca over a breach of a separation agreement that paid Wasden over $300,000. (As of this date, Wasden is working as the Vice President of Global Marketing for MonaVie.)
Idaho State Judge for the Seventh District, Judge Greg Moeller, ruled:
A state judge has ordered the former vice president of marketing at Melaleuca Inc. to return more than $240,000 after violating an agreement to not criticize the company president.A state judge late last month ruled Jeff Wasden violated the agreement when he made written statements criticizing company president Frank VanderSloot.
According to a February 2006 agreement, Wasden agreed to receive more than $300,000 in exchange for not saying “anything negative or disparaging about Melaleuca, its policies, philosophies, products or personnel.”
But Wasden sent e-mails, a letter and co-authored a statement to the Idaho Legislature calling VanderSloot hypocritical and managing by fear and intimidation.
Seventh District Judge Greg Moeller rejected Wasden’s argument about the possible validity of his statements to rule that the real issue was Wasden violating the agreement.
For more background news, see Related Posts below.
Also, see company profile posts for Melaleuca and Max International.
Related Posts
- Max International hit with patent infringement lawsuit - February 21, 2010
- Melaleuca sues Max International and top distributor - November 21, 2009
- Melaleuca Facts, News and Review - October 30, 2009
- Melaleuca dumps $10.4 million of old vitamins - October 28, 2009
- Max International; MaxGXL; MLM company Facts, News and Reviews - October 17, 2009
- Idaho-based company Melaleuca to bring more jobs to Knox - August 27, 2009
- Max International Announces Prime Time TV Show – MaxGXL TV - July 18, 2009
- Melaleuca Breaks Ground for New Plant - June 30, 2009
- Max International Acquires CellGevity Technology and Assets - June 27, 2009
- Melaleuca claims pesticide giant infringes on its eco-friendly trademark - April 23, 2009
- Melaluca up $28-million in sales - February 2, 2009
- Past recipients of the DSA Education for Life Award - December 31, 2008
- EXCLUSIVE: Melaleuca Scientists Make “Revolutionary” Breakthrough; New Product Unveiled - November 21, 2008
- Melaleuca promises job security, gives $1.7M to employees - November 12, 2008
- Stoel Rives Idaho Innovation Award finalists announced - October 15, 2008
- Max Int. Announces Partnership With Guthy-Renker’s Principals Owners - April 23, 2007
- If You Believe - October 11, 2004
- Frank L. VanderSloot President & CEO of Melaleuca, Inc. - October 1, 2004
- Melaleuca Wins Award for Environmental Excellence - December 31, 2003
- Resist Integrity Erosion - November 7, 2003
- Melaleuca Employment Overview - October 30, 2003
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