Quote:
Originally Posted by packs
But would he need to be awarded damages if he's awarded possession of the ball? I just don't see how Goldin, who doesn't own the ball in any way, can decide unilaterally that it will sell a ball whose ownership is in question. How can the consignment agreement stand if the consignor is said not to own the ball?
If I put myself in the position of the 18 year old fighting for ownership, if I'm awarded the ball and am declared the ball's rightful owner because it was stolen from me, I don't know what it would take to rectify things with me from Goldin. Money wouldn't be the issue.
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The next step in the case is a preliminary injunction hearing. The judge probably won't decide who owns the ball, just whether the kid has demonstrated enough likelihood of success on the merits and irreparable harm to stop the auction. I assume as to irreparable harm he will make the argument you articulate, that the ball is unique and at the end of the day, if he wins, money damages won't make him whole. I haven't researched Florida law on remedies so this is just off general principles.