Quote:
Originally Posted by Brian Van Horn
These are the two quotes that put me on the side of Leland's:
"Leland says the collection’s owner, Ohio hobbyist Brian Slusser, signed an agreement with the company to let it peddle the memorabilia, thus landing a hefty commission."
"The lawsuit hinges on a handwritten, 2008 agreement where Slusser promised to sell his world-renowned Clemente card collection through Leland’s after Leland’s purchased his Clemente game bat, game glove and signed baseball for $200,000. Leland’s says it paid Slusser an additional $25,000 for the cards."
If money changed hands, and I am sure Leland's has a copy of the canceled check, then Leland's has a beef. Now, the logic behind the judge not ruling for a suspension of the sale at least of the cards is another matter. Here is that quote from the article:
“I am not stopping the auction for these six cards,” Scarpulla ruled, joking that her father was “the most rabid Mets fan in the history of the world.”
Don't stop the auction overall, but why not stop the cards until you have the testimony of Slusser on April 1?
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To get a preliminary injunction a party needs to demonstrate (among other things) "irreparable harm," that is, that it could not be made whole by an eventual award of money damages if it prevails on the merits of its claim. I have not seen the opinion but I would surmise that the court concluded that Leland's had failed to demonstrate irreparable harm.