Quote:
Originally Posted by benjulmag
The suit would focus on A cards that B did not cross over and show those cards to possess the attributes of B cards that do have the desired crossover grade. The purpose would be to persuade the trier of fact that the real reason they did not cross over was not because of some objective assessment by B that they did not meet B's criteria, but instead due to an unstated policy of not crossing over. It would seem to me that by showing voluminous numbers of altered B cards that did have the desired crossover grade, B grading practices would come into view.
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How would you propose to show those and prove they were altered, consistent with the rules of evidence, Daubert, etc. It might be quite difficult as a practical matter to establish an adequate foundation for expert testimony.