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#9712609 - 12/23/16 11:02 AM CGC et al To Aggressively Defend Against Lawsuit Filed In Pennsylvania
Mark Zaid Offline
Collector


Registered: 02/04/13
Posts: 77
Loc: Washington, D.C.
To the CGC Community:

For purposes of transparency we thought it important to inform everyone that on December 13, 2016, CGC was sued in the Court of Common Pleas of Philadelphia County by Matthew & Emily Meyers, as well as by their business Investment Grade Books, LLC ("IGB"). Also named as defendants were CCS, Matt Nelson and Heritage Auctions, Inc. We just received the Complaint three days ago.

In all five claims were asserted against the defendants. The Meyers claim (1) Defamation and (2) False Light, while IGB alleges (3) Intentional Interference with Existing Business Relations and (4) Intentional Interference with Prospective Contractual Relations. Both the Meyers and IGB are jointly pursuing a claim of (5) Civil Conspiracy. Rather than provide all the specific details, and because we believe it is important the community is aware of this action, I am providing a link of the full Complaint for everyone's review:

https://www.docdroid.net/Dx6w7uS/complaint.pdf.html

On behalf of CGC, CCS and Matt, rest assured we find the allegations to be false and completely baseless. We will not just defend ourselves against this lawsuit but actually fight aggressively. We welcome the opportunity to prove before a court of law that the accusations are frivolous.

Many of you may recognize some of the allegations as having been the subject of discussion in this Gold Comics thread entitled "There's a Restored 9.4 Tec 33 Blowing up on Ebay" from 2015-16 where the Meyers posted under the username "igb":

http://boards.collectors-society.com/ubbthreads.php?ubb=showflat&Number=9083257&fpart=1

We take our commitment to this community very seriously, and we stand by our services and product 100%. That is why I will keep the community abreast of what transpires in the lawsuit, but please understand that given the nature of litigation I might not be able to respond to your questions. But at the appropriate times I will post further explanations and evidence.

If anyone has any relevant information to share, please feel free to contact me at Mark@MarkZaid.com.

From the CGC family, we wish everyone a very happy holiday season.

Mark S. Zaid, Esq.

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#9712917 - 12/23/16 03:21 PM Re: CGC et al To Aggressively Defend Against Lawsuit Filed In Pennsylvania [Re: Mark Zaid]
grebal Offline
Up 20 words per minute since I signed up


Registered: 05/16/16
Posts: 1267
Loc: San Antonio
Imo, this discussion board provides an invaluable tool for collectors and comic book/art investors for information not otherwise available elsewhere, on the internet or otherwise.

Frankly to even call some of those reconstructions a "comic book" should end up with someone, any seller who calls them such, as defendant after being sued by a purchaser for fraud, allegedly I mean. At best they should fairly be called "replicas,", unless perhaps greater than 2/3 of the comic is original, and then a % of original material should be disclosed, to avoid the taint of "fraud in the inducement."

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#9712940 - 12/23/16 03:42 PM Re: CGC et al To Aggressively Defend Against Lawsuit Filed In Pennsylvania [Re: grebal]
lizards2 Offline

I have no registry points, so the only way to exercise my geek superiority is by being a jerk.

TOTAL NEWBIE


Registered: 08/31/06
Posts: 30926
Loc: Oregon Outback - Duckland!!!
Very interesting.
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Losing money on almost every transaction since 1972!
"It was just fine until an ignorant poster ruined it for everyone!"

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#9712949 - 12/23/16 03:54 PM Re: CGC et al To Aggressively Defend Against Lawsuit Filed In Pennsylvania [Re: grebal]
Revat Offline
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Registered: 03/19/12
Posts: 13563
I read a lot of legal filings, but does anyone else think there's a lot of 'opinions' and subjective terminology in this filing? Maybe some lawyers can weigh in. I understand letting the plantiffs write most of the complaint as they're the 'experts', but shouldn't there be some type of lawyerly editing or advice given on how the actual document reads?

"Come to its senses", "absurd", "beautifully restored", opinions on why IGB books received higher scores than CCS books, etc.

To make all these claims, you risk being asked about them by opposing counsel or a judge.

I don't know what the truth is, but judging by the way this complaint was written, and the type of evidence I'd want to see if I were a judge, I wouldn't be an optimistic plaintiff.

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#9712998 - 12/23/16 04:23 PM Re: CGC et al To Aggressively Defend Against Lawsuit Filed In Pennsylvania [Re: Revat]
comicwiz Offline
TOTAL NEWBIE


Registered: 07/20/02
Posts: 12586
Loc: Toronto
It depends on how you read through that thread. Certainly seems like a who's who of people who have historically demonstrated a pattern to back CGC and Matt Nelson. Propping-up CGC as the saviour of the hobby for not grading IGB's work is troubling, especially when it's being distorted in the manner it was in that thread, and when you consider the following:

 Originally Posted By: igb
We don't currently grade with CGC, though we use to. When we did, they always graded our books and graded them very high - I will post a few of our key books in CGC slabs.

We don't grade as much with CGC currently because we don't want our proprietary techniques in the hands of CCS - the industry leader and our direct competition...

We have found that CGC and CBCS grade almost identical. I will also post the same AF15 graded by both companies last winter - both CGC and CBCS graded it 9.4.

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#9713006 - 12/23/16 04:29 PM Re: CGC et al To Aggressively Defend Against Lawsuit Filed In Pennsylvania [Re: Revat]
seanfingh Offline

You earn it. It's like MMA for nerds.

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Registered: 05/15/05
Posts: 41252
Loc: Sig Whore!

One of the interesting paragraphs is the claim that "before a book is sold, it must be graded." That is not true in any regard.

If they do choose to grade the book with CGC, they only pay for CGC's opinion of what the grade is. And what CGC's opinion of the resto is.

The sexy part of the claim is the idea that CCS purposefully, and with an eye toward protecting its own techniques and supply of business, harmed the business reputation of the Plaintiffs. And since everyone is in bed with everyone, it will take work to extricate CGC and Heritage.
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#9713027 - 12/23/16 04:50 PM Re: CGC et al To Aggressively Defend Against Lawsuit Filed In Pennsylvania [Re: Revat]
Foolkiller Offline
TOTAL NEWBIE


Registered: 04/20/03
Posts: 22064
Loc: Baltimore, MD
 Originally Posted By: Revat
I read a lot of legal filings, but does anyone else think there's a lot of 'opinions' and subjective terminology in this filing? Maybe some lawyers can weigh in. I understand letting the plantiffs write most of the complaint as they're the 'experts', but shouldn't there be some type of lawyerly editing or advice given on how the actual document reads?

"Come to its senses", "absurd", "beautifully restored", opinions on why IGB books received higher scores than CCS books, etc.

To make all these claims, you risk being asked about them by opposing counsel or a judge.

I don't know what the truth is, but judging by the way this complaint was written, and the type of evidence I'd want to see if I were a judge, I wouldn't be an optimistic plaintiff.


I don't want to comment much in this thread, but let me say that the plaintiff does not draft his/her complaint, that's done by the lawyer. I'm sure Mr. Beasley (or an associate) drafted this complaint, with some review and input from their clients.

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#9713034 - 12/23/16 04:53 PM Re: CGC et al To Aggressively Defend Against Lawsuit Filed In Pennsylvania [Re: Foolkiller]
seanfingh Offline

You earn it. It's like MMA for nerds.

TOTAL NEWBIE


Registered: 05/15/05
Posts: 41252
Loc: Sig Whore!

It's a verified complaint. That comes with quite a heightened responsibility for factual accuracy compared to basic notice pleading.
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#9713071 - 12/23/16 05:17 PM Re: CGC et al To Aggressively Defend Against Lawsuit Filed In Pennsylvania [Re: seanfingh]
Foolkiller Offline
TOTAL NEWBIE


Registered: 04/20/03
Posts: 22064
Loc: Baltimore, MD
 Originally Posted By: seanfingh

It's a verified complaint. That comes with quite a heightened responsibility for factual accuracy compared to basic notice pleading.


In common pleas in Philadelphia? Meh. You're right over notice pleading, but this complaint is accurate enough.

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#9713123 - 12/23/16 05:58 PM Re: CGC et al To Aggressively Defend Against Lawsuit Filed In Pennsylvania [Re: Foolkiller]
Whisp Offline
FACT if I stop posting, trillions and trillions of transistors would be out of work.


Registered: 03/25/06
Posts: 4996
Loc: Canada
It was only a matter of time to the dispute of conflict of interests was brought up. As soon as I read whatever update it was about Nelson moving to head grader at CGC I saw it coming. Personally I think it was in the back of everyone's mind and think it was mentioned a couple times on these boards. That listed in that document as one of the complaints. I am no expert in law but I see that getting interesting.

Mark who would have to prove their side on this part of the case the person making the complaint or the defendant?
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Everytime a book is pressed an angel gets its wings ripped off.


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