PSA/BGS/PWCC dispute or refund thread

[benjulmag]

Originally Posted by Peter_Spaeth

Unless the card is sufficiently valuable to meet the federal amount in controversy requirement for diversity jurisdiction (assuming a non- California plaintiff), now $75,000, what's the basis for a federal claim?

You would have to meet that threshold, which given what a lot of high grade cards go for coupled with the number of doctored cards a lot of people will have, should pose no problem for many potential plantiffs. I agree though that a number of potential submitters will have to file in state court. Assuming PSA wants to stay out of federal court, I'm surprised they didn't require all cases be brought in state court.

[MULLINS5]

Originally Posted by benjulmag

You would have to meet that threshold, which given what a lot of high grade cards go for coupled with the number of doctored cards a lot of people will have, should pose no problem for many potential plantiffs. I agree though that a number of potential submitters will have to file in state court. Assuming PSA wants to stay out of federal court, I'm surprised they didn't require all cases be brought in state court.

Maybe a stupid question...but what could be the benefit of PSA moving a case from state to federal court?

[Peter_Spaeth]

Originally Posted by MULLINS5

Maybe a stupid question...but what could be the benefit of PSA moving a case from state to federal court?

PSA can't move a case from state to federal court, if it's brought in state court.

As to Corey's initial thoughts, I don't see any basis to speculate that a plaintiff in one of these cases would be better off in federal court if he had the choice. Too many assumptions there with no facts.

[Kenny Cole]

Originally Posted by benjulmag

You would have to meet that threshold, which given what a lot of high grade cards go for coupled with the number of doctored cards a lot of people will have, should pose no problem for many potential plantiffs. I agree though that a number of potential submitters will have to file in state court. Assuming PSA wants to stay out of federal court, I'm surprised they didn't require all cases be brought in state court.

My understanding, FWIW from a buddy I went to law school with who now practices there, is that you don't really want to be in the Central District of California as a plaintiff. He won't even take a case if it will go there. Orange County is also bad, as I understand it. That forum selection clause PSA has, if enforceable, is a huge problem for a lot of plaintiffs.

[Peter_Spaeth]

Originally Posted by Kenny Cole

My understanding, FWIW from a buddy I went to law school with who now practices there, is that you don't really want to be in the Central District of California as a plaintiff. He won't even take a case if it will go there. Orange County is also bad, as I understand it. That forum selection clause PSA has, if enforceable, is a huge problem for a lot of plaintiffs.

Doesn't that strike you as an awfully big generalization?

[Kenny Cole]

Originally Posted by Peter_Spaeth

Doesn't that strike you as an awfully big generalization?

No, not really. Yes, plaintiffs win cases in the Central District, I'm sure. Particularly if they are corporate plaintiffs I suspect. There is a reason why there is a forum selection clause. It isn't because that is a neutral forum. You know that as well as I do.

[Peter_Spaeth]

Originally Posted by Kenny Cole

No, not really. Yes, plaintiffs win cases in the Central District, I'm sure. Particularly if they are corporate plaintiffs I suspect. There is a reason why there is a forum selection clause. It isn't because that is a neutral forum. You know that as well as I do.

There are probably thousands of pending cases in those federal and state courts and countless thousands which have been decided. To make a sweeping statement such as you have made, based on what your law school buddy says, seems ridiculous to me. They are located IN Orange County which doubtless is why they selected that forum, most such clauses select the home forum as a matter of convenience so they don't have to defend litigation in far away places. If you are going to make a sweeping statement like plaintiffs have very little chance in two huge districts in California you need much more support than you have offered. You're smarter than that, Kenny, I know you are.

[Kenny Cole]

Originally Posted by Peter_Spaeth

There are probably thousands of pending cases in those federal and state courts and countless thousands which have been decided. To make a sweeping statement such as you have made, based on what your law school buddy says, seems ridiculous to me. They are located IN Orange County which doubtless is why they selected that forum, most such clauses select the home forum as a matter of convenience so they don't have to defend litigation in far away places. If you are going to make some sweeping statement like plaintiffs have very little chance in two huge districts you need more support than you have offered.

LOL, OK. I bet at your firm, you don't ever talk about where the venue is good or bad, or which judges you think will help or hurt you, right? Phuuulease.

[Peter_Spaeth]

Originally Posted by Kenny Cole

LOL, OK. I bet at your firm, you don't ever talk about where the venue is good or bad, or which judges you think will help or hurt you, right? Phuuulease.

Sure, but not at a global level like that. As to what judge might be a better draw for a particular case, of course, but even then there is a tea leaf quality about it sometimes. But you're way beyond that, generalizing about an entire court system, two actually. And on the basis of one guy's opinion, no less. Come on.