Another two cents. To the poster who asked whether Kendrick would have to show that any loss or diminished value was not attributed to other market conditions I would answer yes. The Plt must (nearly) always show that the damage he claims was caused by Df's conduct, although the evidence needed and the degree of certainty can be contested issues. However, I think there is a good argument that in this case, the Wagner card lives in its own market--that the hobby generally and the overall economy do not have much impact on driving its sales, for the buyer pool consists largely of people who have no great concern about such factors.
Lawyers are often very creative, although maybe not this one. Even if the card has appreciated, particularly if only by some small amount, I could see someone asserting that Kendrick has suffered damage by the now confirmed statements that his Wagner card was trimmed. The argument could be made that the card historically ALWAYS sells for at least x% more upon resale, and that if it doesn't now: 1) it's because of the fraud and 2) the difference is Kendrick's damages-- he should have made more profit. Don't get me wrong, I see this as a tough one and damages cannot be deemed speculative, but I make the point only to show that the more creative ones out there could probably stir up something. Moreover, I also believe that if he can prove
any compensatory damages he could also ask for punitive damages-which greatly expands the stakes.
Granted, Kendrick has expressed no interest in selling or concern about this latest Mastro news, and there may be PR and personal reasons why he will just leave this alone, but it's sometimes fun for us on the outside to ponder the possibilities.
