Dan, I believe the premise of the trade libel claim is 1) Corey knew that the reason the price had fallen on the sheetmusic was not because of any market forces or because of limited demand, but because the prior REA auction price was artificially high, made artificial by Corey's alleged shill bidding and 2) knowing the "real" reason the price had dropped substantially was because of his own (alleged) wrongdoing, Corey nonetheless intentionally suggested that the low price was attributed to REA's failure to set an adequate reserve. That is how I read it.
Although I too wonder about the damages elements of the claim and both the surrounding circumstances and litigation strategy, I find the other count of the counterclaim, which alleges that Corey engaged in shilling, to be interesting, shall we say.
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07-21-2012, 12:41 AM
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