12-04-2013, 12:01 PM
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Peter Spaeth
Member
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Join Date: Apr 2009
Posts: 33,695
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Quote:
Originally Posted by nolemmings
Not so, although as a practical and economical matter it may not be worthwhile, and the process is often exasperating from a client's standpoint. You have a colorable claim, particularly as I noted the AH used the pinhole description with other lots and admits it would disclose them if known, thereby vitiating any caveat emptor defense IMO.
They are apparently taking the position that they had no duty to inspect for holes once they saw the cards were graded 10. A good lawyer (and no, that is not a contradiction in terms) could have some fun with that. Of course and as I mentioned before, it is a fair or open question as to whether the small scans and lack of complete description were intentional. While you might not have enough to prove or even allege that now, there is this wonderful thing called discovery that lawyers love to you use in efforts to get to the bottom of things. I'm sure Legendary would love opening its records for review and subjecting its employees for deposition. Nothing to hide, right?
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So if he doesn't have enough to ALLEGE fraud now, what's his colorable claim? Negligence?
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