by louabbott on January 9, 2010
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.
Also, according to ktvb.com in Boise, ID, 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. 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.
Posted 10:37 PM Mon 11 January 2010 
