There MAY be a jury eventually, if they are able t
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If there has been deliberate sabotage, there are all kinds of laws that would have been broken - for instance, securities laws, since CYDY is a publicly traded company, and conspiracy to defraud CYDY investors, etc. Deliberately breaking a law doesn’t shield people from legal action just because there is an arbitration clause.
But, it would be mighty hard to prove deliberate sabotage unless there’s a disgruntled Amarex whistleblower who would testify.
Gross negligence is a slam-dunk. We just don’t know the contract language about that.
If you were Amarex, how would you like to have a court filing asking for some kind of relief — for instance, the ability to sue for damages — even if, for instance, the victim’s law firm knew that they would not prevail, but that the act of FILING the case would make public a whole bunch of allegations and their factual basis, which demonstrated your gross negligence? Do you think maybe the fear of losing your reputation through public disclosure might put CYDY in a much better negotiating position?
If you were running a biotech and looking for a CRO, would you hire one that couldn’t even fill out an FDA form correctly, and couldn’t bother to log in the most basic data about the test subjects?
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