| Volume 95 Number 1 |
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The People’s Lawyer’s Tip of the Day
Never give your social security number to someone you do not know. Identity theft requires a social security number. Protect yours.
For more general information about the law, check out my website.
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Plenty of Options for Free Tax Help
Tax season is here and there are plenty of options for free tax preparation help. Although an estimated 60% of taxpayers use paid preparation services, most of remaining people can likely find a free alternative.
The IRS began accepting individual returns on Friday. If you need help getting an early start,
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FDA Investigating Safety of Testosterone
In recent years, testosterone replacement therapy has become commonplace in the medical field. "Normal" testosterone levels generally fall between 300 and 1000. However, as men age, testosterone levels can drop, leading to lack of energy and strain of the body's organs. As a result, some doctors and pharmaceutical companies have been pushing synthetic testosterone as a way to fight low testosterone.
A recent study found that supplemental testosterone could increase the risk of heart attack. Although no official, specific findings have been made, the Food and Drug Administration plans to investigate the safety of testosterone replacement.
Do the benefits of supplemental testosterone outweigh the risks?
As with anything medical, always talk with your doctor before starting or stopping prescribed therapy.
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Your Money
How much should you put down for a new home?
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For the Lawyers
One-sidedness is not a defense to an arbitration clause.
The Tenth Circuit held that a “business-goes-to-court-but-consumer-goes-to-arbitration” agreement, even if unconscionable under state law, is enforceable under the FAA.
The court stated:
“Under New Mexico law a compulsory-arbitration provision in a contract may be unconscionable, and therefore unenforceable, if it applies only, or primarily, to claims that just one party to the contract is likely to bring. The question before us is whether the Federal Arbitration Act (FAA) preempts this state law for contracts governed by the FAA. We hold that New Mexico law is preempted in this case and the arbitration clause must be enforced.”
The court noted that the reasoning that supports a finding of unconscionability is based on a belief that arbitration is inferior to a judicial proceeding. According to the court, this reasoning is flawed. “In other words, just as the FAA preempts a state statute that is predicated on the view that arbitration is an inferior means of vindicating rights, it also preempts state common law — including the law regarding unconscionability — that bars an arbitration agreement because of the same view.”
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