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Go Back   Net54baseball.com Forums > Net54baseball Main Forum - WWII & Older Baseball Cards > Net54baseball Vintage (WWII & Older) Baseball Cards & New Member Introductions

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  #1  
Old 07-18-2012, 07:27 AM
Matt Matt is offline
Matt Wieder
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Quote:
Originally Posted by Peter_Spaeth View Post
REA has now filed an opposition to Corey's motion to dismiss the counterclaim. Responding to the argument that REA had not sufficiently alleged damages from Corey's post, REA now points to the fact that its sales in 2011 were lower by approximately $500,000 than in 2010.
Leon - this is great fodder for advertisers - REA is claiming a post on the forum decreases their sales by $500k. You should be charging more for ads!
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  #2  
Old 07-18-2012, 08:05 AM
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Jeffrey Lichtman
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Wow. All I can say is wow.
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  #3  
Old 07-18-2012, 08:19 AM
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Joe H
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It's upsetting this "children friendly hobby" has turned into such a big business amongst adults. Too bad so many adults forget this started with simple, innocent, tobacco ads targeted for children.

Ahh, the good ole days.
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  #4  
Old 07-18-2012, 08:20 AM
byrone byrone is offline
Brian Macdonald
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Homer Simpson and lawyer Lionel Hutz

Homer: "All you can eat--hah!"
Hutz: "Mr. Simpson, this is the most blatant case of fraudulent advertising since my suit against the film, “The Never-Ending Story.”
Homer: "Do you think I have a case?"
Hutz: "Now, Homer, I don't use the term “hero” very often. But you are the greatest hero in American history."

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  #5  
Old 07-18-2012, 01:05 PM
travrosty travrosty is offline
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Quote:
Originally Posted by byrone View Post
Homer Simpson and lawyer Lionel Hutz

Homer: "All you can eat--hah!"
Hutz: "Mr. Simpson, this is the most blatant case of fraudulent advertising since my suit against the film, “The Never-Ending Story.”
Homer: "Do you think I have a case?"
Hutz: "Now, Homer, I don't use the term “hero” very often. But you are the greatest hero in American history."



ha-ha.



mrs. simpson, where did your family go after you left the all you can eat seafood place?



we went fishing.


ladies and gentlemen, does this sound like someone who had all they can eat?

Last edited by travrosty; 07-18-2012 at 01:05 PM.
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  #6  
Old 07-18-2012, 02:59 PM
Deertick Deertick is offline
Jim M.arinari
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Seems to me that in order to claim $500K in damages, they would have to show a net decrease in YOY sales of sheet music AND that it was directly attributible to the post cited.
As for ""claims to have expended time in connection with efforts at "watching the bid process to detect shill bidding by Shanus' cohorts," which "translates to money."", isn't that what they should be doing all the time, every time?
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  #7  
Old 07-18-2012, 04:19 PM
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Again, here's the quote that's in question:

In the recent REA auction, for example, the sheet musics entitled the Live Oak Polka and the Home Run Quick Step did abysmally, selling for a small fraction of what they transacted for in the past. For those who collect that sort of thing, those sheet musics represent the pinnacle of 19th century chromolithography. They are quite rare and the particular pieces offered by REA were in exceptionally good condition for the issue.

One could also just as easily argue that Mr. Shanus alerted the public of the undervalued bargains of rare, quality items on REA's auctions, which therefore added interest to REA's future business which would thereby increase their profits.

Last edited by WhenItWasAHobby; 07-18-2012 at 09:09 PM. Reason: grammar
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  #8  
Old 07-18-2012, 04:28 PM
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This is a quote from the REA summary of the 2011 auction:

Watchung, New Jersey. The strength of the high-end baseball card and memorabilia market amazed collectors at Robert Edward’s record-setting May 7, 2011 auction. An astounding 179 lots sold for $10,000 or more. Collectors, dealers, and market watchers look to REA’s annual event as the key barometer of the health of the market and the most important auction event of the year. According to REA president Robert Lifson, “The market was extremely strong. If everything went perfect we were expecting the total to be maybe $7 million to $8 million. The results came in at $9.5 million.

Sounds like things went pretty well.

Last edited by oldjudge; 07-18-2012 at 04:28 PM.
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  #9  
Old 07-18-2012, 07:59 PM
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Quote:
Originally Posted by WhenItWasAHobby View Post
Again, here's the quote that's in question:

In the recent REA auction, for example, the sheet musics entitled the Live Oak Polka and the Home Run Quick Step did abysmally, selling for a small fraction of what they transacted for in the past. For those who collect that sort of thing, those sheet musics represent the pinnacle of 19th century chromolithography. They are quite rare and the particular pieces offered by REA were in exceptionally good condition for the issue.

One could also just as easily argue that Mr. Shanus alerted the public of the undervalued bargains of rare, quality items on REA's auctions, which therefore added interest to REA's future business which would increase thereby their profits.
I agree. Also, the bolded part, while it does mention REA, is simply a statement of fact. No real opinion of REA was given, nor was any blame applied to the auction house. Perhaps the term "abysmally" was a bit over the top, but that's hardly worthy of a lawsuit.

There obviously must be more to this (ie. the accused shilling), but just based on the forum post I am amazed this has gotten this far.

I would make a negative comment about lawyers right about now, but I don't want to piss off half the members on this board.


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  #10  
Old 07-18-2012, 08:31 AM
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REA rocks and is the mostest marvelous auction house in the entire world universe!

There, I just got the $500,000 back...........they should be good to go with this years sales. Leon, you can thank me later.

Lovely day...
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  #11  
Old 07-18-2012, 09:25 AM
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I must admit, I have virtually no knowledge of matters such as this, but my Common-Sense-O-Meter is telling me REA could never prove that Corey's comments were meant to be hurtful in any way.
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  #12  
Old 07-18-2012, 10:35 AM
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According to this link, the statute of limitations for libel in New York and New Jersey is one year:

http://www.statuteoflimitations.net/libel.html

If this is a recently filed counterclaim (beyond May 6, 2011), it would appear it was filed too late.
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  #13  
Old 07-18-2012, 10:51 AM
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That post by Corey was essentially ignored...not a single poster replied to it, and the thread was over about an hour after he posted it...it probably fell off the front page in a day or so.
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  #14  
Old 07-18-2012, 12:37 PM
bigtrain bigtrain is offline
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I believe that Corey filed suit in early 2011. I know it was reported in the news by April 2011. The counterclaim was probably filed along with the answer to the suit so it may well have been within the statute of limitations. In any event, the motion to dismiss the counterclaim seems to be the new development, not the counterclaim itself.
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