Quote:
Originally Posted by Leon
That's not true concerning libel. The truth is an absolute defense. That being said it can (and usually is) expensive to defend oneself even if you have done nothing wrong. And one other thing I should mention, after thinking a bit, I guess there could be a situation where someone bringing a false claim could be liable for legal fees of the other party? I ain't know lawyer (sic)  . |
Leon,
I'm not a lawyer either, but since you're a Texan like me, I do know a few things about Texas laws regarding libel. First, yes truth is an absolute defense and along with a fair comment on a public controversy. Both have been codified in Texas Civil P&R Code 73 . Second, you'll be happy to know in June 2011, Texas adopted an Anti-SLAPP law which can fend off frivolous harassment suits in their early stages and if you prevail, the other party is liable for your attorneys fees. Here's a link:
http://slappedintexas.com/primer/
As for the initial thread, yes I agree that PSA has some major problems as pointed out. The biggest problem in my opinion is that certain parties have been successfully aesthetically enhancing cards to increase their value and getting the cards graded into PSA holders. Sadly people are buying these cards with no knowledge of these alterations.
The big question that begs to be asked is how legitimate is a grading service when its nothing more than a means of facilitating the sale of altered cards for people who fail to disclose these alterations? At what point do regulatory agencies and law enforcement step in and challenge the grading companies to show that they are making some effort to offer the service they claim to provide?