Quote:
Originally Posted by Leon
Jay,
Here are the allegations in paragraphs 29 and 30 of the First Amended Complaint brought by Corey.
Corey never bought the trophy balls where there was no sale with Nash. He bought others after that. The jury felt he relied on the false sale of the balls for future purchases, with clear and convincing evidence (according to the statute that had to be overcome). My guess is that if the transcripts ever come out they will be interesting to a few, myself included.
To summarize even more -
First count, for lulling him into giving up his claim against Mastro on the balls he did buy. Judge didn't buy it.
Second count, for manipulating the market and inducing him to overpay on other stuff. Jury bought it.
Hope that helps clear a little of this mess up. It is worth repeating that appeals are expected.
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Something's missing there right?
What's shown makes it look like someone consigned stuff, shilled it, never paid. Then a second person relies on those sales and sues because he overpaid? And that all the items involved were fake? Sounds like the AH is being punished for what the consigner did.
Not that it isn't the law, it just seems less than fair (I know by now that those things aren't always aligned)