Legal Opinion

Yvonne Day v. Fortune Hi-Tech Marketing, Inc

Court of Appeals for the Sixth Circuit

Decided September 12, 2013No. 12-6304, 12-6305UnpublishedCited by 6 opinions

1Opinion of the Court

CLAY, Circuit Judge.

These two closely related cases involve Defendant Fortune Hi-Tech Marketing, Inc. (“Fortune Hi-Tech” or “FHTM”). Defendant hired Plaintiffs as independent representatives and Plaintiffs sued, alleging that FHTM was in fact running an illegal pyramid scheme. Defendant moved the district court to compel Plaintiffs to proceed to arbitration pursuant to the terms of the contract they had signed with Defendant. While the district court initially granted that motion, upon reconsideration the court reversed itself and vacated its earlier decision and ordered the cases to proceed…

2Cases cited14 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
  3. Buckeye Check Cashing, Inc. v. CardegnaSupreme Court of the United States · 2006
  4. Gateway Coal Co. v. United Mine WorkersSupreme Court of the United States · 1974
  5. LILLIAN PEBBLES MORRISON v. CIRCUIT CITY STORES, INC., MARK F. SHANKLE, SR. v. PEP BOYS — MANNY, MOE & JACK, INC.Court of Appeals for the Sixth Circuit · 2003

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3Cited by6 opinions

  1. Anthony Reo v. Palmer Admin. Servs.Court of Appeals for the Sixth Circuit · 2019
  2. Crystal Employment Services LLC v. Lodige USA, Inc.District Court, E.D. Michigan · 2025
  3. El-Hage v. Comerica BankDistrict Court, E.D. Michigan · 2020
  4. Larkin v. DayDistrict Court, W.D. Tennessee · 2019
  5. Michael Kowalok v. ARB Gaming, LLC d/b/a ModoDistrict Court, N.D. Ohio · 2026

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