PSA/BGS/PWCC dispute or refund thread

[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

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.

Spare me. It isn't the plaintiff. Its the judge and the jurors, assuming you get there. You know that.

[Peter_Spaeth]

Originally Posted by Kenny Cole

Spare me. It isn't the plaintiff. Its the judge and the jurors, assuming you get there. You know that.

Why would the judge and jurors side with a small company against someone of their own demographic, if you think that demographic somehow plays into it which I don't buy? Are you saying being of a certain demographic makes one inherently pro-defendant regardless of the identities of the parties, the nature of the case, the evidence, etc.?

[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.

[Peter_Spaeth]

Originally Posted by Kenny Cole

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.

I infer nothing other than PSA is in Newport Beach or Santa Ana or whatever and chose its home forum as a matter of convenience, as most companies do. Your argument is assuming its conclusion, namely if Orange County wasn't conservative PSA wouldn't have chosen it.

Now if you said, they choose Orange County because they think a judge or jury might favor an Orange County party, well that might make some sense, but that has nothing to do with the demographics of the forum or its residents or judges.

I think you will find the vast majority of forum selection clauses are home base clauses.

[Kenny Cole]

Originally Posted by Peter_Spaeth

I infer nothing other than PSA is in Newport Beach or Santa Ana or whatever and chose its home forum as a matter of convenience, as most companies do. Your argument is assuming its conclusion, namely if Orange County wasn't conservative PSA wouldn't have chosen it.

LOL. OK. That is a real easy conclusion to draw, particularly if you take the time to actually look. But whatever. We, at least, both agree that this debacle is awful. Ultimately, I would suggest that is what's important.

[Peter_Spaeth]

Originally Posted by Kenny Cole

LOL. OK. That is a real easy conclusion to draw, particularly if you take the time to actually look. But whatever. We, at least, both agree that this debacle is awful. Ultimately, I would suggest that is what's important.

No question there. We can only hope justice is done this time. I just don't see the forum selection clause, at the end of the day, as a particular obstacle is all I am saying.

[Kenny Cole]

Originally Posted by Peter_Spaeth

No question there. We can only hope justice is done this time. I just don't see the forum selection clause, at the end of the day, as a particular obstacle is all I am saying.

And I do. Time will tell.

[pokerplyr80]

OC isn't nearly as conservative as it used to be. They just voted in a liberal in the Laguna/Newport district. Demographics are much different in Santa Ana than they are by the water. I know nothing about how judges in the area tend to rule, but if you're saying Santa Ana is a politically conservative area you probably haven't spent much time here.