Tag Archives: Proof

Proof of Contract-Formation for Arbitration vs. Credit Card Agreements: Inconsistent Case Law

FORMATION DISPARITY: ARBITRATION AGREEMENTS AND CREDIT CARD AGREEMENTS TREATED DIFFERENTLY FOR NO READILY APPARENT LEGAL REASONSIn several recent cases, Texas courts have denied motions to compel arbitration in the employment context, and appellate courts have affirmed the denial, where the employer failed … Continue reading

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Insurance – Proof Of Loss

Filing a proof of loss as part of a claim is very basic to all insurance claims.  This issue was a topic in a recent Fifth Circuit opinion styled, Andre Yanez v. American Strategic Insurance Coporation; E-Ins., L.L.C.; FKS Insurance … Continue reading

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No Proof Marijuana Legalization Increases Rate or Severity of Automobile Accidents

The obstacles to nationwide legalization of recreational marijuana are falling like dominoes. That worries a lot of people—especially many in the national and state legislatures—who fear Reefer Madness-like mobs of cannabis-infused urban zombies on the streets and the roads. Others—perhaps … Continue reading

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Second Circuit summarily reverses bad Prevagen decision on statistical proof

FTC v. Quincy Bioscience Holding Co., 17-3745-cv(L) (2d. Cir. Feb. 21, 2019) Quincy sold Prevagen dietary supplements, claiming (1) that the supplements improve memory and provide other cognitive benefits, (2) that these effects are clinically proven, and (3) that the … Continue reading

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Department of Justice says Seattle not violating consent decree on police use of force – new burden of proof language no impediment to effective discipline

After an arbitrator overturned the termination of a Seattle police officer accused of punching a handcuffed suspect (award), the District Court judge overseeing a consent decree concerning police use of force issued an Order to Show Cause questioning whether the … Continue reading

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