Maybe Kenny, I'd have to think about that although my general understanding is that the plaintiff who has the burden of proof has to have a non-speculative damages theory and simply assuming there wouldn't have been any other bids in the but-for world of no shill bids seems awfully speculative to me. In any event, mine was less an observation about the mechanics of an actual trial than an observation that just academically speaking it's not an accurate measure of loss just to take the high bid and remove the shills.
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My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at
https://www.jamesspaethartwork.com/
He is available to do custom drawings in graphite, charcoal and other media. He also sells some of his works as note cards/greeting cards on Etsy under JamesSpaethArt.
Last edited by Peter_Spaeth; 05-03-2018 at 09:45 PM.
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