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Old 01-05-2005, 09:46 PM
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Default Adam, Hal, other attorneys, and everyone else - Quick Baseball Question Legal Related

Posted By: canjond

Just a quick update... eBay responded via a form letter! I have emailed them 3 times and all 3 times, I received identical letters from 3 different senders. It appears that they don't read what I send - but I never figured eBay would be much help anyway. As for jurisdictional issues, I would bring a claim under New York's UTD laws. I did a few searches and even though Nevada offers more in terms of treble damages, I would try and litigate in NY simply because I would hope for a default judgment. As for damages - if I prove the ball authentic via PSA/DNA, I can receive the value of the ball or $50, whichever is greater. Furthermore, NYS allows for $1000 in treble damages. So, it might be worth my while economically, especially because I'm pretty sure I can actually do this as an ind. study in law school and get class credit as well! (However an ind. study would require me to submit a joint appendix and so on; which may be excessive for a small claims court issue. Furthermore, not quite sure if I'm allowed to do an ind. study when I'm an "interested" party). I will keep you all up-to-date as to what happens. I also want to mention that the award, if any, I would receive would not be my motivation (although an extra bonus). If I decide to pursue a claim, it is simply on principle. This is totally unfair, especially in the way reggiejackson.com handled the situation. The emaisl they have sent me (especially the ones when they mistate basic rules of evidence) are comical.

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