Quote:
Originally Posted by Aquarian Sports Cards
Wouldn't ebay's statement be at least interesting enough to the court to not dismiss the suit out of hand? At least with a good lawyer presenting the argument?
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Interesting has nothing to do with it. The issue, or an issue, IMO, will be whether THIS plaintiff (who bought one $200 prewar card) can plausibly allege that HE was damaged. There is no class action at this stage, just an individual claim. I would argue this plaintiff has not plausibly alleged, even if you credit a vague allegation that there was shill bidding in PWCC auctions, that his card was affected. Even under the most relaxed pleading standard, and I haven't studied whether a heightened one might apply, there must be facts alleged that make the claim plausible.
If it survives a motion to dismiss I would also make arguments about sequencing of class and merits discovery, and argue for an early class decision since this case IMO is not likely to meet the criteria for class treatment, but that's for down the road.
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