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YTB Wins Round in CourtJuly 22, 2009 By: George Dooley
An angry federal judge in the U.S. District Court for the Southern District of Illinois threw out a complaint by former YTB associates who filed a class action complaint against YTB International. Judge G. Patrick Murphy called the July 15 complaint an “ungainly monster of 39 pages containing 133 paragraphs “ that does not pass muster under federal standards. The plaintiffs sought standing in a class action suit against YTB that argued that YTB was an illegal multilevel marketing scheme that victimized them under state law. Several plaintiffs were not Illinois residents.
The judge questioned the plaintiffs standing under the state’s consumer protection laws and noted that the plaintiff’s earlier case had been dismissed on June 5. While the plaintiffs can seek redress in a higher court, the Judge said, “As a general rule the Court is not fond of ‘ill-founded requests for reconsideration of matters previously decided.’ "
Judge Murphy noted the unfairness of defendants being compelled to defend themselves repeatedly even after winning an earlier judgment. “Litigants and their counsel do well not to treat the Court’s rulings ‘as mere first drafts subject to revision and reconsideration at a litigant’s pleasure,’” Murphy said. YTB did not comment on the courts decision.