FHTM Loses in Federal Court - Federal Judge Rescinds Dismissal of Nationwide Lawsuit

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A proposed class-action lawsuit (5:10-cv-00305-JBC) against Fortune Hi-Tech Marketing, Inc. (FHTM) was reinstated in Kentucky by a federal judge. Arbitration agreement thrown out as illusory.

On Friday, September 13, 2012, the United States District Court Eastern District of Kentucky rescinded its dismissal and reinstated a proposed class-action lawsuit against Fortune Hi-Tech Marketing, Inc. (FHTM). The judge ruled in favor of the Plaintiffs and against all named individual defendants on their motion to compel arbitration. The judge denied the validity of the arbitration clause contained in FHTM’s Independent Representative Agreement, determining that the contract contained an unenforceable arbitration clause for all of the plaintiffs’ claims, and therefore that the case should once again move forward.Judge Coffman ruled that the FHTM agreement to Arbitrate was not valid because it was illusory. The ruling may be found at: http://www.docstoc.com/docs/130463837/Courts-order-granting-motion-to-alter-amend-or-vacate

According to the lead plaintiff, Yvonne Day, "We are very excited about having our appeal approved and that we will finally get our day in court. This was a great day to all of those who have been cheated! We all deserve our day in court and this is a huge victory for justice!"

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Joseph Isaacs

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