Quantum of Evidence: proving the existence of an arbitration agreement
In what I'll call its Quantum of Evidence decision issued this month, not to be confused with the 2008 James Bond flick, Quantum of Solace, the Fifth Circuit tackled the issue of the "quantum of evidence required to prove or disprove the existence of an agreement to arbitrate" in the Fifth Circuit. More specifically, it addressed the appropriate standard for a district court to apply when considering a motion to stay or compel arbitration where the formation of an agreement is disputed.
In Gallagher v. Vokey, No. 20-1100 (5th Cir. July 1, 2021), the Court found that the district court erred in denying an attorney's motion to compel arbitration of claims related to his retired Navy Seal client's refusal to pay legal invoices.
Under existing Fifth Circuit precedent, a party resisting arbitration:
- bears the burden of showing he is entitled to a jury trial;
- must make some showing that under prevailing law, he would be relieved of his contractual obligation to arbitrate if his allegations prove to be true;
- must produce at least some evidence to substantiate his factual claim; and
- must unequivocally deny that he agreed to arbitrate and produce "some" evidence of this.
In this case, the attorney provided a signed copy of the engagement letter containing the arbitration agreement, two of his own declarations, and a declaration from a disinterested party who witnessed the client's execution of the engagement letter to prove the existence of a valid arbitration agreement. In contrast, the client never "plainly denied" he signed or executed the contract, claimed the declarations were self-serving, and argued he had no recollection of signing the engagement letter.
The Court made short work of the client's arguments, noting that the client never flatly denied signing the agreement and that under Texas law, a party's signature on a written contract is strong evidence that the party unconditionally assented to its terms. It also reiterated that a party's inability to remember signing a contract is not sufficient to raise a material issue as to the validity of the agreement.
Finally, the client claimed he was fraudulently induced to enter into the agreement, yet was unable to state with particularity the circumstances constituting fraud or mistake.
In short, the attorney's evidence was adequate to establish that he and the client had entered into an enforceable arbitration agreement and their billing dispute fell within the scope of that agreement. The client, on the other hand, produced no evidence to contradict the enforceability of the agreement or put the formation of an agreement in issue.
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What Is Contributing To The Delinquency Of A Minor?
ReplyDeleteDelinquency is a result of an adult encouraging a juvenile under the age of 18 to engage in criminal action. It is possible that these actions include giving minors with Leah Legal Criminal Defense or keeping the minor at home during school hours, allowing them to skip class. This offense is punishable by fines and/or prison time in the state of California. If you're accused of contributing to the delinquency of a juvenile, reading this blog will provide you the information you need to prepare your defense.
Contributing to the Delinquency of a Minor Defined
To criminal code 272, if an adult aids or encourages a minor to participate in juvenile delinquency, the adult is guilty of a crime. Minors are defined as anyone under the age of 18. Adults who incite adolescents to engage in criminal action are subject to criminal penalties, regardless of how insignificant the act may appear to be to the adult involved. For example, it is illegal for minors to possess drink. If an adult is proved to have given or encouraged the consumption of Criminal Lawyer to minors, they might face criminal charges. Adults who urge minors to engage in illicit acts are subject to criminal sanctions in many states. Misdemeanor offenses like this one are treated in California as misdemeanors whereas federal offenses like this one are punishable by harsh penalties in places like Florida.
What are the Elements of Crime?
Under criminal code 272, an adult can be prosecuted for encouraging a juvenile to commit a crime. If an adult helps or encourages an underage criminal to commit a crime, they are breaking the law. Van Nuys Criminal Attorney It is necessary that all of the following be true in order to be found guilty of this offense:
* The accused must be an adult above eighteen years
* The accused encouraged the young adult to commit the crime
* The adult knew that the child was below eighteen years
* The child’s behavior resulted from criminal negligence or general criminal intent
* The accused caused the child to become or remain a habitual truant, a delinquent, or a juvenile court dependent
Examples of Acts that Contribute to the Delinquency of a Minor
States have distinct laws governing what constitutes a crime. If an adult provides the following opportunities for a kid, they risk being held in contempt of court for violating the law.
* Persuading a minor to commit a crime
* Accompanying a minor as they commit a crime
* Allowing a minor to drive a vehicle without a valid driving license
* Providing a fake identification card to have a minor enter a club or an adult-only event
* Allowing young adults to beg on the street
* Making minors habitual truants by keeping them out of school