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Old 03-15-2006, 12:51 PM
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Default how much will it bring?

Posted By: Peter_Spaeth

In my opinion has nothing to do with the legal issue. As I posted before, I think any claim by a subsequent purchaser would have to be for negligence, and the purchaser would therefore have to establish as an initial matter that PSA owed them a duty of care. Perhaps Adam or others can weigh in on California law but it strikes me as a stretch to argue that a grading company owes a duty of care to the whole anonymous world of potential buyers when it slabs a card for 5-50 bucks for a submitter. So I think the lawsuit might die right there, for lack of a duty. I think it is equally unlikely anyone could demonstrate negligence even if there was a duty, as one would have to demonstrate that PSA's conduct fell below the industy standard of care (whatever that is), not just that they made an error.

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