Topps Now lawsuit

deaconblues63 · Aug 31, 2016

Topps is being sued over an incident involving card 264, Josh Harrison.

http://www.courthousenews.com/2016/08/31/baseball-card-fan-throws-a-beanball-at-topps.htm

Editorial by FCB Staff follows:
In probably the most hilarious lawsuit I have seen regarding sports cards.

Paul Lesko of Cardboard Connections Law of Cards purchased what he thought was an error card on Topps Now. They had John Harrison on the card of the Pirates Josh Harrison.

http://www.topps.com/josh-harrison-7...319-cards.html

Topps sent him the corrected Josh Harrison. Paul immediately informed Topps that he was expecting the error version, Topps in turn basically told him to stuff it.

Later the Topps Company changed the wording of a disclaimer on their website to say...

"ALL SALES ARE FINAL. PRINT RUNS REVEALED AFTER 24 HOUR WINDOW. SHIPS IN 3-5 BUSINESS DAYS. ART SUBJECT TO CHANGE. NOT RESPONSIBLE FOR TYPOGRAPHIC/PRINTER ERRORS."

The price tag on this lawsuit you ask? $4,999,999 plus attorney fees. I read that as not a real number and a statement to Topps of hey man just send me my damn error card. Honestly I have NO clue why Topps just does not print the error and send it to him, seems like the better solution for them.

Source article, goofy title and all here...
http://www.courthousenews.com/2016/0...l-at-topps.htm

Twitter discussion here...
https://twitter.com/paul_lesko/statu...88575072464896

Court docs... (note the wix.com domain name)
http://media.wix.com/ugd/8c2ec3_ca13...1fa48705c4.pdf

mchenrycards · Aug 31, 2016

Its sad the way been brought to this point when a guy has to sue to get a card that has negligible value. Just another instance of our lawsuit happy society who throws a child like tantrum when they dont get what they want.

Jaypers · Aug 31, 2016

^ Truth.

gt2590 · Aug 31, 2016

Anybody on here know this guy?

No shot of winning IMO.

But IF he somehow does:

Lesko seeks damages not to exceed $4,999,999, and attorney's fees

DeliciousBacon · Aug 31, 2016

He's a ****ing lawyer.

http://www.cardboardconnection.com/author/paul-lesko

http://www.simmonsfirm.com/news/ite...-lesko-appointed-shareholder-at-simmons-firm/

And his "attorney" is also his work buddy:

http://www.thewisefirm.com/#!brandon-m-wise/cjg9

What a scumbag.

Pinbreaker · Aug 31, 2016

If I was on the jury that hears this case, I would find against Topps for all the bait and switches they have done over the years..

Redemptions not honored!!

They are a business that sold something that they didn't have..

Lancemountain · Aug 31, 2016

If I was Topps I would make the error and send him one. And then send every single customer of Topps Now a copy as well.

Sent from my iPhone using Tapatalk Pro

mouschi · Aug 31, 2016

I hate frivolous lawsuits and while I do think that Topps may not feel like they have to offer anything (which I'm not sure how I feel about that) I think this is a tad crazy.

The term "bait & switch" is used - which is what I feel like the whole Archives Signature Series is, to be honest.

CatdaddysCards · Aug 31, 2016

It's a $6 (whatever a Topps now card costs) card wether it says John or Josh. No one cares.

Sent from my iPhone using Freedom Card Board

DeliciousBacon · Aug 31, 2016

Lancemountain said:
If I was Topps I would make the error and send him one. And then send every single customer of Topps Now a copy as well.

Sent from my iPhone using Tapatalk Pro

Or, they could make him one, but also have him sign a contract stating that it cannot at any point be sold for profit in the future. Lawyer guy wants to play around with the legal system, I say Topps turn it right back around on him and give him a legally unsellable card.

DaClyde · Aug 31, 2016

I don't understand the assumption that there would be any added value for being an error. There is only extra value if there is an error and a correction, and the error is the less common. Most likely Topps never printed any "error" versions of this card. Once he pointed it out to them, they probably just corrected their digital version and printed the correction. Normally I have a lot of respect for Mr. Lesko for his legal column over on Cardboard Conection (pretty much the only coverage of the COMC vs Beckett case), but this is just lame. Josh Harrison is a non-entity in the hobby. Even if there were ERR and COR versions, in a few months, both copies would probably be virtually unsaleable at $5.

mrdallas · Aug 31, 2016

Lancemountain said:
If I was Topps I would make the error and send him one. And then send every single customer of Topps Now a copy as well.

Sent from my iPhone using Tapatalk Pro

This would be perfect.

deaconblues63 · Aug 31, 2016

Personally, I hope this is the judge's ruling:

KLARNOLD · Aug 31, 2016

Doesn't he realize that things can change from start of promotion/advertising until after production? Topps will somtimes show cards on the fronts of their factory sets that are not actually in the set. It is called "Last minute changes."

A_Pharis · Aug 31, 2016

That's the kind of lawsuit that shows how desperate people can to further their name.
What a schmuck.

ccouch (Chad) · Aug 31, 2016

This is so outrageously stupid. He's not even damaged other than whatever he paid for the card (whatever Topps is charging for these which I'm too lazy to look up).

moxacaine · Aug 31, 2016

LOL pathetic. Nothing rare about it. Had it slipped through, they all would have been "John" so it wouldn't be rare.

I love this quote "A collector of rare baseball cards" lol then the article is about a Topps Now card.

BBCgalaxee · Aug 31, 2016

I wouldn't be surprised if he's been screwed many times by a topps redemption and this is attempt to get even.

Sent from my HTCONE using Freedom Card Board mobile app

cgilmo · Aug 31, 2016

DeliciousBacon said:
Or, they could make him one, but also have him sign a contract stating that it cannot at any point be sold for profit in the future. Lawyer guy wants to play around with the legal system, I say Topps turn it right back around on him and give him a legally unsellable card.

There is no effective way to do that.

cgilmo · Aug 31, 2016

ccouch (Chad) said:
This is so outrageously stupid. He's not even damaged other than whatever he paid for the card (whatever Topps is charging for these which I'm too lazy to look up).

WOAH! a ccouch sighting

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