Two procedural updates within the Isagenix Amazon retail racket case, filed simply over a yr in the past.
The primary replace pertains to particular person arbitration being granted to particular person defendant Jay Bennett.
The second replace is Isagenix and the person defendants failing to get the lawsuit dismissed.
As per a March fifteenth order, arbitration can be used to settle claims towards Jay Bennett by Plaintiffs Bryan Lund and Scott Christensen.
Particular person defendants Siv Bennet and Jennifer Rodriguez had additionally filed to compel arbitration for claims made towards them.
Isagenix didn’t search arbitration however sought to have claims that weren’t subjected to arbitration stayed.
Each Siv Bennet’s and Rodriguez’s request for arbitration have been denied. Isagenix’s request for a keep was additionally denied.
The court docket denied Defendant’s request to remain the litigation because it pertains to Isagenix or to Siv Bennett or Jennifer Rodriguez, and all claims towards these Defendants will proceed on this court docket.
A separate March fifteenth order pertains to a movement to dismiss filed by Isagenix and all three particular person defendants.
The movement to dismiss was denied on all counts besides quantity 4.
Depend 4 pertains to “materials misrepresentation” towards Isagenix.
Below Utah legislation, materials misrepresentation doesn’t seem like a standalone declare that may be asserted for cash damages.
On condition that Isagenix shouldn’t be a celebration to the related contract – the Place Settlement dated January 16, 2019 – and since Plaintiffs already allege negligent misrepresentation and fraud claims towards Isagenix, there isn’t any foundation for a standalone materials misrepresentations declare towards Isagenix.
Depend 4 is due to this fact dismissed with prejudice as towards Isagenix solely.
The court docket denied Defendants’ Movement in all different facets.
Pending the end result of arbitration and proceedings within the Utah District Court docket, keep tuned…