PSA/BGS/PWCC dispute or refund thread

[Kenny Cole]

Originally Posted by Peter_Spaeth

You seem to be straying far from your original argument which was that, as a general matter, plaintiffs do not do well in the Central District of California or Orange County. And that that somehow motivated PSA to name its home district in its forum selection clause, something which is standard corporate practice for most American corporations. I don't even know what points you are trying to make now.

But I like agreeing with you, so I'll agree with your last message.

Do you seriously think they are completely unrelated? i don't.

[Peter_Spaeth]

Originally Posted by Kenny Cole

Do you seriously think they are completely unrelated? i don't.

So Orange County's demographics favor PSA in a suit by one of its customers over a baseball card, as a general proposition unrelated to the facts of the case. Riiiiiiiiiiiiiiiiiiiiiiight. And what about the Central District, you also made the same argument about that court system. Probably as diverse an area, overall, as exists.

[Kenny Cole]

Originally Posted by Peter_Spaeth

So Orange County's demographics favor PSA in a suit by one of its customers over a baseball card, as a general proposition unrelated to the facts of the case. Riiiiiiiiiiiiiiiiiiiiiiight.

Yes, Orange County's demographics favor corporate defendants such as PSA over individual plaintiffs. Wont and cant go into the politics behind that, but that is obviously a huge part of the reason why. As a general proposition I absolutely believe that Orange County is a really bad venue for any individual plaintiff. Period. Not insurmountable, but a problem. You can go try a case there and win, sure, but it is just much harder there than in other areas. It is what it is and life goes on.

[Peter_Spaeth]

Originally Posted by Kenny Cole

Yes, Orange County's demographics favor corporate defendants such as PSA over individual plaintiffs. Wont and cant go into the politics behind that, but that is obviously a huge part of the reason why. As a general proposition I absolutely believe that Orange County is a really bad venue for any individual plaintiff. Period. Not insurmountable, but a problem. You can go try a case there and win, sure, but it is just much harder there than in other areas. It is what it is and life goes on.

Again. Based on what analysis? What facts? What statistics? What anything? You're just making shit up as far as I can tell, for what purpose I don't know. It also sounds to me like you're engaging in some serious stereotyping, but let's leave that out of it. And again, you made the exact same statement about the C.D.Cal., an incredibly diverse and huge area.

[Kenny Cole]

Originally Posted by Peter_Spaeth

Again. Based on what analysis? What facts? What statistics? What anything? You're just making shit up as far as I can tell, for what purpose I don't know.

Go look it up. I am somewhat constrained by the ban on talking about politics, but its pretty easy to get there. How about you do that before you shoot anymore?

[Peter_Spaeth]

Originally Posted by Kenny Cole

Go look it up. I am somewhat constrained by the ban on talking about politics, but its pretty easy to get there. How about you do that before you shoot anymore?

Ridiculous stereotyping if I am reading you correctly. And I take it you have backed off the statement about the C.D.Cal. now which is where you started?

[Peter_Spaeth]

Moreover, guys who go to Orange County to pursue PSA over a baseball card are probably going to be of the same demographic you are hinting at.

[Kenny Cole]

Originally Posted by Peter_Spaeth

Ridiculous stereotyping if I am reading you correctly. And I take it you have backed off the statement about the C.D.Cal. now which is where you started?

No. I believe that to be true from what I understand. And, I would ask, if you were drafting a forum selection clause for a client in a real liberal venue, would you do that? I would think probably not. That would probably be stupid and would be a disservice to your client absent other concerns. If there was a venue close by that was better for your client, wouldn't you do that? This the same thing, only in reverse. If Orange County wasn't way conservative, do you seriously contend that the forum selection clause would be there, as opposed to a real close but more conservative venue? Not seeing it.

[MULLINS5]

Venue written as exclusive and mandatory is a logistical decision - nothing more.

[Peter_Spaeth]

Originally Posted by MULLINS5

Venue written as exclusive and mandatory is a logistical decision - nothing more.

Of course. Every corporation in America, or most, use such clauses to mandate home jurisdictions.