If they can convince the judges that the cards cannot be skimmed, than the very existence of a record of a transaction with a skimmed RFID is legal proof that you did in fact authorize that transaction with your authentic card. There is absolutely no risk for the card issuer involved.

It is like it was with debit card PINs here in germany, the banks convinced the judges that the cards are absolutely secure so that any fraud was in fact to blame on the card holder who either didn't protect his PIN or was actively trying to defraud the bank.