Amway Global suffers setback
trying to force non-distributors into arbitration

What would seem like intuitively obvious to the most casual observer, expect to Amway and their high paid attorneys,  was finally confirmed by Utah Federal Judge.   People who are not Amway distributors are not bound by Amway's Rules of conduct and therefore are not bound to double top secret rigged arbitration with Amway's hired guns at JAMS. 

What started as a class action suit pdf_icon.gif (914 bytes)(64 page complaint) eventually got merged into the Utah Monavie/Amway Global dispute.  The goal of the suit among other things was to declare "that Quixtar’s arbitration agreement does not apply to former Quixtar IBOs, including but not limited to Plaintiffs and Class Members".

Wood 8 TV reported that the United States District Court Judge Bruce Jenkins further decided "the public interest is also advanced by preventing parties from wielding their arbitration processes as a weapon to harass ... and ultimately bankrupt their opponents."

I reviewed Judge Jerkin's 25 page "memorandum and opinion" pdf_icon.gif (914 bytes)and could not find this a direct quote from him, rather it was listed as a citation:

Furthermore, they assert, “the public interest is advanced by a full and final resolution
of the enforceability of the challenged rules in one court, rather than the same issues
being litigated over and over again in court after court across the county.”
(Id.) “The public interest is also advanced by preventing parties from wielding
their arbitration processes as a weapon to harass, intimate, and ultimately
bankrupt their opponents.” (Id.)


In the end the Guzzardo Plaintiffs only gained a preliminary injunction to hold off the Amway demanded arbitration. 

Basically judge Jenkins ruled:

"the parties’ respective written agreements to arbitrate do not extend to the Guzzardo
Plaintiffs as former Amway IBOs and Amway’s post-termination disputes"