DeliciousBacon
Well-known member
This is a lawyer, with lawyers, fighting more lawyers. Give them enough time and paper, they can do anything, especially something that sad and ridiculous.
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Topps Now lawsuit
- Thread starter deaconblues63
- Start date
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This is a lawyer, with lawyers, fighting more lawyers. Give them enough time and paper, they can do anything, especially something that sad and ridiculous.
0 chance there is any ruling on this btw. Both parties are truly insane if it goes that far.
death2redemptions
New member
People can be so funny.
all of them are, actually. Too many licensed lawyers who gotta eat combined with too little of legitimate legal work combine to make this.
I can't wait to see the outcome of this suit as it could affect Topps considerably. The judge may decide this case is stupid and Topps can get away with releasing stuff different than mockups or the Judge may find against Topps and Topps will have to be really careful on future sell sheets as they could potentially be held liable if something shows up on a sell sheet that doesn't get released as shown on the sell sheet.
I don't think there's any way topps pays actual real damages on this. There's no damage.
Sent from my BLU STUDIO ONE PLUS using Freedom Card Board mobile app
Sent from my BLU STUDIO ONE PLUS using Freedom Card Board mobile app
George_Calfas
Well-known member
Topps should be sued but this is far from the correct suit
D-Lite
New member
Dude, you basically read my mind on this.
After the disaster that Archives SS is, after all the claims of it being this loaded product, better than last years success, it's basically the 2016 Topps Jeff Conine Signature Series.
Not that such a frivolous suit deserves hard thinking (see #4 for why this suit automatically gets tossed), but a couple thoughts* on this:
1) The $4,999,999.99 number doesn't mean anything. That's just legalese supporting the claim to state court, rather than federal court, jurisdiction. From what Wikipedia just taught me, a $5 million+ class action (with a couple other conditions) gets kicked up to the federal courts.
2) Other than an obligatory paean to punitive damages, the suit seems mostly to be seeking "specific performance" (i.e., an order compelling Topps to follow through printing the error card) and attorneys' fees. Despite calling themselves "The Wise Firm" (emphasis added) on their website, the plaintiffs seem hardly so organized: see footnote 1, "Plaintiff and his counsel are in the process of opening a law firm together or becoming the St. Louis branch of another law firm." The two guys who filed this (Lesko & Wise) could just be throwing something together in hopes of monetizing their valuable time spent throwing it together; i.e., they might just have nothing better to do, or any clients other than themselves.
3) Considering that the main page of aforesaid website claims that "The Wise Firm" is a "St. Louis based law firm filing national lawsuits," Lesko & Wise may also see this as a means of building their profile, or maintaining what they seem to believe is their reputation.
4) Topps's Terms & Conditions contain an arbitration clause and a forum selection clause (see #22 ). In making his purchase, Lesko essentially agreed that any dispute be a) handled through arbitration, and b) conducted in New York. The filed suit is litigation (not arbitration) in Missouri (not New York). One can argue all day about the ethics of such clauses, but that doesn't mean the suit is going anywhere.
5) Looks like Brandon Wise has been here before: "a close relationship between class counsel and a class representative provides an incentive and/or a vehicle for the increase of attorneys’ fees to class counsel . . ."
*I guess this is where I say that I'm not a lawyer and that these are only my personal opinions.
1) The $4,999,999.99 number doesn't mean anything. That's just legalese supporting the claim to state court, rather than federal court, jurisdiction. From what Wikipedia just taught me, a $5 million+ class action (with a couple other conditions) gets kicked up to the federal courts.
2) Other than an obligatory paean to punitive damages, the suit seems mostly to be seeking "specific performance" (i.e., an order compelling Topps to follow through printing the error card) and attorneys' fees. Despite calling themselves "The Wise Firm" (emphasis added) on their website, the plaintiffs seem hardly so organized: see footnote 1, "Plaintiff and his counsel are in the process of opening a law firm together or becoming the St. Louis branch of another law firm." The two guys who filed this (Lesko & Wise) could just be throwing something together in hopes of monetizing their valuable time spent throwing it together; i.e., they might just have nothing better to do, or any clients other than themselves.
3) Considering that the main page of aforesaid website claims that "The Wise Firm" is a "St. Louis based law firm filing national lawsuits," Lesko & Wise may also see this as a means of building their profile, or maintaining what they seem to believe is their reputation.
4) Topps's Terms & Conditions contain an arbitration clause and a forum selection clause (see #22 ). In making his purchase, Lesko essentially agreed that any dispute be a) handled through arbitration, and b) conducted in New York. The filed suit is litigation (not arbitration) in Missouri (not New York). One can argue all day about the ethics of such clauses, but that doesn't mean the suit is going anywhere.
5) Looks like Brandon Wise has been here before: "a close relationship between class counsel and a class representative provides an incentive and/or a vehicle for the increase of attorneys’ fees to class counsel . . ."
*I guess this is where I say that I'm not a lawyer and that these are only my personal opinions.
