Paul Lesko Profile picture
Jan 4, 2023 11 tweets 4 min read Read on X
A fun new #TheHobby case to watch, especially for all y'all that vault your cards.

It's Dave & Adam's v. Warehouse Services and Wheatfield Business Park II, and is about water damage to a large number cases while stored at the defendants' warehouse.
The action is simply "Our shit was in your warehouse and because your warehouse's ceiling leaked, it ruined our shit, so one of y'all better pay for it."

(Slightly paraphrasing)

Looks like the total alleged damages are $54,600 due to damage to 42 cases of cards.
And if you want to see what the damage looked like...
And while I didn't recognize the product that's damaged, eagle-eyed @35auburn ID'd it as Upper Deck 2019 Series 1 Hockey.

If that's true, looks like there may be less of those cards available...or...there may be some "musky smelling" cards on the market.
A quick search of the eBayz confirms there are NO "musky smelling" 2019 UD Hockey cards on the market...so that's good.
It appears D&A brought this lawsuit because the building manager and building owner kept passing the buck back and forth as to who was allegedly responsible, so D&A said "FUCK IT, SUE EVERYBODY AND LET THE JUDGE SORT IT OUT."

(Paraphrasing slightly)
And that's really it!

While this isn't a case directly on point with vaults, it will touch on where responsibility lies for parties that hold your product.

Spoiler: It'll boil down to a boring ol' review of contracts between everyone.
And yes, the smell is described as "musky" not "musty."

SO...begs the question, would you rather have a card that smells musky? Or musty?

YOU MUST CHOOSE ONE
IMAGINE I HAVE LIGHTROOM SKILLS AND ADJUSTED THE RED TO YELLOW THEN THIS IS ACTUALLY FUNNY

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More from @Paul_Lesko

Feb 27
It's the case everyone's been talking about today: the legal battle over the Wembanyama jersey that Wemby gave to an adorable kid...which then ended up at Goldin Auctions...and sold for $73K...which now the father is trying blow up.

Let's look at the court filings!
Well, the case is captioned Frankie Desideri, Sr. (individually and on behalf of his son) v. Goldin Auctions...and yes...it's handwritten...which means the plaintiff here is proceeding without an attorney...which rarely (if ever) works out. Image
So the plaintiff here asks the court to "stop sale of a game worn jersey that was given to my 5 year old son" in which there were allegedly "multiple attempts" to withdraw the jersey from auction. Image
Read 19 tweets
Oct 15, 2024
In Vargas v. Panini--which no one remembers is about alleged employment discrimination BUT everyone now knows as the case where Vargas's attorneys were sanctioned for allegedly filing an AI prepared brief--two of the sanctioned attorneys filed a "motion for reconsideration." Image
Now, before I get into the meat of this filing, motions for reconsideration are annoying and mostly always fail.

Was in court once when a judge took up such a motion and scolded the filers, asking, "Is this a motion to overrule myself?"
Judges HATE motions for reconsideration because the motion itself stands for the notion that the judge fucked up. Really. It may as well be called a JUDGE-YOU-REALLY-SCREWED-THIS-ONE-UP MOTION.
Read 16 tweets
Feb 4, 2024
What? What?? WHAT??!?! You want a Sunday live read of a new CGC lawsuit?

Which also has a request for a temporary restraining order/preliminary injunction as well?!?!?

SURE WHY NOT
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This has been a busy week for CGC who also sued two of its former employees last week (AND also sought a TRO/PI).

If you want a reminder on that one before we get into the new stuff, here ya go:

For the new lawsuit, it's CGC taking on Ulises Zanello and Bree Riva who allegedly engaged in what they advertised as CGC-certified comic books in CGC holders but in reality were “swapp[ed]” for inferior, lower-value comics.

In other words, a re-holdering scam. Image
Read 25 tweets
Feb 1, 2024
New #TheHobby-ish lawsuit!

It's CGC v. Brandon and Ayana Terrazas, and let's do a live read of it!

BUT, you hafta cut me a little slack. We have a sick/coughing household that kept me up all night...so kinda sleepwalking a bit here.

Still, with that, let's go! Image
The case starts out with a bang as it's a lawsuit "brought against two employees who abused their roles and privileges at CGC."

And how'd they abuse their roles? Well...[cont]... Image
...they allegedly "convert[ed] customers’ property, [sold] collectible materials in violation of CGC policies, and print[ed] CGC labels...in order to improperly label lower-grade collectible products as higher-grade collectible products."
Read 30 tweets
Jan 5, 2024
Patent cases are hard.

Some clients can be hard to control.

And what happens when those two intersect? Well, you get a letter written to the judge from the client that he admits will "blindside" his attorney...has a section entitled "Rant"...and tells the judge "Shame on you."

Image
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I've filed dozens of patent infringement cases, but because patent cases are so difficult nowadays (and patents are worth so little), it's been close to 10 years since I filed any.

They're generally not viable cases any more.
The client here alleges he spent $9M on this patent fight.

And that's not really that crazy. Image
Read 12 tweets
Aug 4, 2023
So...while I was gone, did anything happen today?

OH SHIT THAT'S RIGHT, Panini sued Fanatics for antitrust!

Now this is going to be fun one.

Who wants to do a live read of this bad boy? Image
Before we get into it, YES, I've done antitrust cases...from the defense and plaintiffs' side actually...and the biggest take home is: antitrust cases are EXPENSIVE.

The amount it costs to defend these (because of the voluminous discovery to be produced plus experts) is A LOT.
The easiest way to look at an antitrust case is, to win the plaintiff needs to show (basically) the defendant 1) has market power and 2) did something "bad."

Just having market power by itself (most times) isn't sufficient to lose an antitrust case.
Read 57 tweets

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