Mr. Verkman – Keep your Word - Letters From Bill Mastro, Joe Orlando, & Marshall Fogel

[Archive]

Posted By: JK

Mark- Demeter1

You are correct - this is a commercial dispute and those who may have used the term punitive damages were using the term generically. In most states, including the state where I practice, there are unfair and deceptive trade practices statutes that deal with commercial disputes. Those statutes typically have some sort of liquidated damages provision - here, its treble damages and attorneys fees. Not saying that the facts in this case are sufficient to prove a deceptive practices claim, only that there is likely some basis for additional recovery.

Peter - I am, of course, aware that there is no need to bring suit immediately here and that the buyer would prefer to work it out without the need for fees. However, based on SV's continual refusal to simply take the card back, its unlikely that this will be resolved cheaply.

Steve V. - If testing cannot establish authenticity, why go through the hassle. Take the card back and if you are curious about the date, test it yourself before you resell. Even if paper testing says the card stock dates to the 1930s, it doesnt establish that the card is authentic. Your guarantee is apparently worthless and that tells me all I really need to know.