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  • California court grants final approval of $15M class action settlement [View news story]
    "There doesnt need to be any magic, its simply a massive number of people saying ' HLF' is a terrible/criminal company.

    As opposed to members not signing anything and actually supporting a company."

    There is no requirement to join a class action. Typically one becomes a member of the class by the definition of the class. You don't have to do anything in addition until the times comes to actually participate. One gets the settlement or one typically opts out in order to pursue other legal aspects on your own.

    Yet someone on a board SAYING a firm is terrible does not mean anything in a legal sense on what the courts will actually decide.

    Once again the pesky burden of proof is raised. The accusers have to actually PROVE the accusations in court with evidence for each and every element of a specified crime.

    There are different standards for civil and criminal trials. The plaintiffs in this case settled as their own lawyer indicated that they had a poor chance of success. Herbalife settled for pennies on the dollar just to clear this nuisance.

    Nor does anyone have to say anything nice in return. NOBODY has to say anything on defense. Indeed, the most powerful thing someone on the defense can say is to move to a directed verdict as the accusers have failed to prove their case.

    Yet the most important issue is that anyone who supports the PROCESS does not have to support the individual firm.
    May 23, 2015. 08:55 AM | 2 Likes Like |Link to Comment
  • Herbalife Continues Deceptive Practices Amid Class Action Lawsuit And Regulatory Probes [View article]
    The accuser still have the burden of proof. They alone have to present evidence - not just accusations, allegations or assertions.

    The defense does not have to say ANYTHING. The strongest argument is always that the accuser does not have enough evidence to meet the burden. That alone is sufficient by itself to win.

    Yet the defense always has they right to rebut any evidence. The defense can show flaws in the argument. That too can show that the accuser does not meet the burden of proof.

    There is no need for AFFIRMATIVE action if the accuser does not follow the rules or has sufficient evidence for EACH and EVERY element of each alleged crime.

    You have your opinion based on your knowledge of that Herbalife is evil and that trumps all facts, law, case law or economics. Yet, the court weighs the evidence.

    As the plaintiffs own lawyers noted - they had a low probability of success so they settled for pennies on the dollar. The court accepted the settlement as fair.
    May 21, 2015. 10:15 PM | 2 Likes Like |Link to Comment
  • Herbalife Continues Deceptive Practices Amid Class Action Lawsuit And Regulatory Probes [View article]
    and the burden of proof still remains with the accuser

    yet the decision will be used by the defense
    May 21, 2015. 05:40 PM | 2 Likes Like |Link to Comment
  • Herbalife Continues Deceptive Practices Amid Class Action Lawsuit And Regulatory Probes [View article]
    again the VIDEO is not by the firm but SEPARATE ENTITIES

    The court just recently said in the settlement that the members are adequately informed of the financial risks
    May 21, 2015. 04:41 PM | 2 Likes Like |Link to Comment
  • Herbalife Continues Deceptive Practices Amid Class Action Lawsuit And Regulatory Probes [View article]
    from their website, it was not that hard to find

    http://bit.ly/1Bbw0S5

    If you are someone who seeks to build a part-time or full-time income, we want you to have realistic expectations of the possible income you can
    earn. The Herbalife earnings opportunity is something like a gym membership: results vary with the time, energy and dedication you put into it.

    Anyone considering the Herbalife opportunity needs to understand the realities of direct selling. It is hard work. There is no shortcut to riches, no guarantee of success. However, for those who devote the time and energy to develop a stable base of customers and then mentor and train others to do the same, the opportunity for personal growth and an attractive part-time or full-time income exists.

    PROFIT ON YOUR OWN SALES: One element of the income a Member can earn is the profit, after expenses, from the resale of HerbalifeĀ® products.
    Members decide for themselves the way they do the business, the number of days and hours they work, the expenses they incur and the prices they
    charge.

    MULTI-LEVEL COMPENSATION: Some Members (20.1%) sponsor others to become Herbalife Members. In that way, they may seek to build and
    maintain their own downline sales organization. They are not paid anything for sponsoring new Members. They are paid solely based on product
    sales to their downline Members for their own consumption or to sell to others.

    This multi-level compensation opportunity is detailed in Herbalifeā€™s
    Sales & Marketing Plan, which is available to all Members online at http://bit.ly/1te9F3s. For the 13% of Herbalife Members who are Sales
    Leaders with a downline, the average compensation received from the Company in 2014 was (USD) 5,456. These amounts are before expenses
    incurred in the operation or promotion of their business.

    In the chart below, we summarize the economic benefits available to Herbalife Members in 2014. For most people (89%), the economic benefits
    resulted exclusively from a discounted price on products they purchased for personal and family use or for resale to others, neither of which took the
    form of a payment from the Company.

    The multi-level compensation paid to Members summarized below does not include expenses incurred by a Member in the operation or promotion of
    his or her business, which can vary widely and might include advertising or promotional expenses, product samples, training, rent, travel, telephone and Internet costs, and miscellaneous expenses.

    The compensation summarized below is not necessarily representative of the compensation, if any, that any particular Member will receive.

    These figures should not be considered as guarantees or projections of your actual compensation or profits. Success with Herbalife results only from successful product sales efforts, which require hard work, diligence and leadership. Your success will depend upon how effectively you exercise these qualities.
    May 20, 2015. 06:38 AM | Likes Like |Link to Comment
  • Herbalife Continues Deceptive Practices Amid Class Action Lawsuit And Regulatory Probes [View article]
    Wez and I addressed you statement above, which implies that if you sign something that you didn't read, it's your fault. This has nothing to do with burden of proof. This has to do with an erroneous interpretation that you've done regarding a Legal concept.

    NO - you still have to prove bad faith in any case and the burden of proof is on those who would accuse the other of such bad faith. you just don't make the accusation, you have to PROVE that allegation.
    May 20, 2015. 12:39 AM | 3 Likes Like |Link to Comment
  • Herbalife Continues Deceptive Practices Amid Class Action Lawsuit And Regulatory Probes [View article]
    burden of proof shifting again
    May 19, 2015. 03:47 PM | 1 Like Like |Link to Comment
  • Herbalife Continues Deceptive Practices Amid Class Action Lawsuit And Regulatory Probes [View article]
    Herbalife apparently lies by providing the information on which you base your argument.

    Then the the court accepted the settlement BASED on members having a GOOD IDEA of their own financial expectations.

    Even the plaintiff's lawyer admitted that he had a low probability of success in winning the suit.
    May 19, 2015. 02:09 PM | 4 Likes Like |Link to Comment
  • Kinder Morgan can't take land for Palmetto Pipeline, Georgia says [View news story]
    typically they only buy an easement or the use of the land
    May 19, 2015. 01:16 PM | 10 Likes Like |Link to Comment
  • Herbalife Continues Deceptive Practices Amid Class Action Lawsuit And Regulatory Probes [View article]
    Once again the shifting of burden lifts its ugly head

    The ACCUSER has to meet the burden of proof and FAILED. The court said that the members were adequately on notice of the risk and their financial expectations were in line with that risk.
    May 18, 2015. 01:06 PM | 3 Likes Like |Link to Comment
  • California court grants final approval of $15M class action settlement [View news story]
    "Allowing people to open business ventures with the risk of loss is wrong and immoral."

    Then NO NEW ventures should ever be opened. There is ALWAYS risk
    May 15, 2015. 08:44 AM | 7 Likes Like |Link to Comment
  • California court grants final approval of $15M class action settlement [View news story]
    The writing was on the wall when the plainitff's lawyer admitted the low probability of success.
    May 15, 2015. 12:05 AM | 9 Likes Like |Link to Comment
  • Herbalife Continues Deceptive Practices Amid Class Action Lawsuit And Regulatory Probes [View article]
    yes and then you HAVE TO PROVE bad faith

    once again that pesky burden of proof shows up
    May 14, 2015. 03:28 PM | 3 Likes Like |Link to Comment
  • Herbalife Continues Deceptive Practices Amid Class Action Lawsuit And Regulatory Probes [View article]
    contracts mean something
    which is why you should not sign your name without reading them
    May 14, 2015. 02:30 PM | 2 Likes Like |Link to Comment
  • Herbalife Continues Deceptive Practices Amid Class Action Lawsuit And Regulatory Probes [View article]
    until a court says that their signature is sufficient to show that they had knowledge
    May 14, 2015. 02:10 PM | 2 Likes Like |Link to Comment
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