Thread: pwcc (part two)
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Old 10-31-2013, 09:41 AM
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Keith
ke.ith tem.ple
 
Join Date: Aug 2012
Location: Eastern sierras, Calif
Posts: 950
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Quote:
Originally Posted by slipk1068 View Post
+1
Quote:
Originally Posted by Peter_Spaeth View Post
Keith not taken as confrontational at all. I think the answer in terms of a fraud claim, like in most circumstances, depends on the facts of your case, what information do you have based on bid history, etc. suggesting you have been defrauded. Fraud has to be proven by clear and convincing evidence, and alleged with particularity. This is why civil lawsuits are imperfect, as someone alluded to. It can be a catch 22 -- the evidence is in the hands of the fraudster, but without it you don't have enough to state a claim that isn't speculative. Now if Mastro's bidding records are released, for example, and it's pretty clear you were run up on a particular card -- different story.

As far as a claim against anyone for inflating the overall market, it would seem very difficult to prove that any particular card you may have bought was overpriced for that reason, as there could be a host of explanations. Then again, I tend to think like a defense lawyer, so don't take my word for it.

Thanks for that. This is what I was concerned you might say. I feel like I walked into my garage and two cockroaches scrambled for cover, but one big bastard stood his ground and spat at me. Guess which one is ebay.

I need a shower.
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