Dec. 26, 2025

"PSA damaged my Kobe?" w/ "The Hobby Lawyer" Paul Lesko E368

Show Notes
Transcript

"The Hobby Lawyer" Paul Lesko is back.

Today's Hobby Court Case:

"PSA damaged my Kobe Bryant Refractor"

Paul joins us to discuss some interesting hobby related court cases.

Follow us on Social Media:

Website:

https://www.sportscardnationpo....com

https://linktr.ee/Sportscardna...

Merch shop:

https://sports-card-nation.pri...

To eliminate pre & post-roll ads

https://www.spreaker.com/podca...

WEBVTT

1
00:00:00.160 --> 00:00:07.040
Sports Guard Nations, Hobbies, the People, Wheely News and Interviews.

2
00:00:07.400 --> 00:00:13.759
It's your number one song. Sportscarnation. Hobby is the people

3
00:00:17.000 --> 00:00:18.399
sports Guarnation?

4
00:00:20.600 --> 00:00:24.079
What is up? Everybody? Welcome to episode three sixty eight

5
00:00:24.600 --> 00:00:29.359
Sports Cardination. We have Paul Lasco, Part two of four.

6
00:00:30.039 --> 00:00:33.840
If you didn't catch last week's show about a grading

7
00:00:33.920 --> 00:00:38.439
card company losing an ONUS Wagner card, go catch that today.

8
00:00:39.359 --> 00:00:43.880
How about PSA damaged my card? If you're integrating, it's

9
00:00:43.920 --> 00:00:47.479
probably not you've probably heard that before, hopefully it's never

10
00:00:48.000 --> 00:00:51.079
happened to you. But today's show, I was going to

11
00:00:51.159 --> 00:00:57.200
talk about a legal case involving a damaged Kobe Bryant card.

12
00:00:57.640 --> 00:01:04.799
Any value loss based on the damaged and the plaintiff

13
00:01:04.920 --> 00:01:09.480
is a legend at PSA damaged a refractor card of

14
00:01:09.560 --> 00:01:14.680
Kobe from the condition he sent it in, and he

15
00:01:15.519 --> 00:01:20.560
wants to be compensated. And this case would be precedenting

16
00:01:21.480 --> 00:01:25.560
setting if the plaintiff winds. Because I think we've all

17
00:01:25.599 --> 00:01:30.159
heard at least once somebody claim that their card was damaged.

18
00:01:30.319 --> 00:01:32.760
I don't want to just pick on PSA, but by

19
00:01:32.799 --> 00:01:35.280
a grading card company. Heck, I'll be honest with you,

20
00:01:35.799 --> 00:01:39.560
I do the bolk shopping for SGC, and I've had

21
00:01:40.200 --> 00:01:43.840
not someone definitely saying, but just sort of questioning, like

22
00:01:43.920 --> 00:01:47.719
I didn't notice that when I sent it in, although

23
00:01:48.280 --> 00:01:51.040
I send in the cards that they they give me.

24
00:01:51.120 --> 00:01:54.840
And after that, you know, we're at the mercy of

25
00:01:54.879 --> 00:01:59.519
the grading card companies doing the right thing. So very

26
00:01:59.560 --> 00:02:03.680
interesting case on today's program, and I think you'll enjoy it.

27
00:02:03.719 --> 00:02:07.599
As always, wanted to thank my sponsors, Iron Sports Card,

28
00:02:07.680 --> 00:02:11.560
rober Lent. They doing a great job there. Sports Collectors Digest,

29
00:02:11.639 --> 00:02:16.039
the longest hobby publication and I get the right for

30
00:02:16.120 --> 00:02:22.560
them Hobby Hotline, our Saturday Morning Conglomerate show and Upper Deck.

31
00:02:22.719 --> 00:02:27.280
So thank those guys. And with that being said, let's

32
00:02:27.319 --> 00:02:30.639
get this show. And Paul asked Paul LESCo back on

33
00:02:30.719 --> 00:02:34.960
for part two. All right, here is part two of

34
00:02:35.000 --> 00:02:37.639
our conversation with Paul Lesko, and we're gonna be talking

35
00:02:37.680 --> 00:02:44.039
about a court case where PSA allegedly has damaged a

36
00:02:44.120 --> 00:02:47.879
Kobe Bryant car. So here we go, PSA, you know,

37
00:02:48.000 --> 00:02:53.719
damaging a card somewhere in the degrading process in their

38
00:02:53.759 --> 00:02:57.639
possession of the car. And I've heard people without even

39
00:02:57.680 --> 00:03:00.879
going to litigation, I'm sure you have to see people

40
00:03:01.199 --> 00:03:04.479
go on social media and say, look what PSA did

41
00:03:04.520 --> 00:03:07.360
to my card, or that's not the condition I sent

42
00:03:07.439 --> 00:03:09.680
it to him in and here is how I got

43
00:03:09.719 --> 00:03:14.159
it back. You know. Talk. But when it comes to

44
00:03:14.199 --> 00:03:16.240
a court case, let's let's tackle it.

45
00:03:16.319 --> 00:03:16.599
Yeah.

46
00:03:16.639 --> 00:03:18.719
And I think that's you know, the cases that interest

47
00:03:18.840 --> 00:03:22.439
me the most. Like while we can't relate to you know,

48
00:03:22.840 --> 00:03:25.400
Beckett losing our T two o six on his Wagner,

49
00:03:25.560 --> 00:03:28.039
we have heard about it. We've heard about people, you know,

50
00:03:28.319 --> 00:03:30.319
I sent it a card, they sent it out on

51
00:03:30.400 --> 00:03:32.719
un FedEx. It never arrived. You know, we've all heard

52
00:03:32.759 --> 00:03:35.639
stories like that. So, Adam minimum, you can relate to

53
00:03:35.680 --> 00:03:37.080
it at a basic level.

54
00:03:37.159 --> 00:03:39.759
But this one I think people can relate to more so.

55
00:03:40.280 --> 00:03:41.879
And this is a case that has been going on

56
00:03:42.000 --> 00:03:44.639
for four or five years. So it has to do

57
00:03:44.960 --> 00:03:52.120
with a nineteen ninety six Kobe Bryant chrome Rookie refractor

58
00:03:52.599 --> 00:03:58.039
from from Tops and the card was sent in by

59
00:03:58.080 --> 00:03:59.439
the plaintiff to PSA.

60
00:03:59.719 --> 00:04:01.080
And and when the.

61
00:04:01.039 --> 00:04:02.680
Card came back, I think it came back as if

62
00:04:02.800 --> 00:04:05.199
there was a what he called like a dent or

63
00:04:05.240 --> 00:04:09.280
a divot in the card. And he's had pictures from

64
00:04:09.319 --> 00:04:13.000
beforehand he submitted. You know, he's got pictures from right

65
00:04:13.000 --> 00:04:14.960
when he handed him in, he's got pictures from afterwards,

66
00:04:15.000 --> 00:04:17.199
and you can see there's something going on with the card.

67
00:04:17.199 --> 00:04:20.120
There's something that was there that wasn't there beforehand. So

68
00:04:20.759 --> 00:04:24.000
his allegation, he's alleging that, hey, this card should have

69
00:04:24.000 --> 00:04:26.519
been a ten and you know, maybe nine, but it

70
00:04:26.560 --> 00:04:29.319
probably should have been a ten because you've damaged a

71
00:04:29.360 --> 00:04:32.000
card you slabbed it as an eight, that I've lost

72
00:04:32.079 --> 00:04:34.759
significant value, and especially when you're looking at a case

73
00:04:34.800 --> 00:04:38.040
from four years ago, five years ago, twenty twenty.

74
00:04:37.839 --> 00:04:40.319
Was the boom time. It was a boom time for card.

75
00:04:40.600 --> 00:04:43.439
So there are you know, I think I don't remember

76
00:04:43.439 --> 00:04:45.319
the exact value he's looking for, but it was, you know,

77
00:04:45.879 --> 00:04:49.079
several hundred thousand dollars. He believes he has been damaged

78
00:04:49.120 --> 00:04:51.000
from the card going from a ten to an eight.

79
00:04:51.319 --> 00:04:55.319
So this case has been going on for ever, and

80
00:04:55.439 --> 00:04:58.720
finally we had a trial in the end of November.

81
00:04:58.879 --> 00:05:01.560
Early no, it was the beginning of the beginning of November.

82
00:05:01.639 --> 00:05:04.240
We actually had a trial in this but the trial

83
00:05:05.240 --> 00:05:08.040
was in a state court and the docket does not

84
00:05:08.319 --> 00:05:10.199
update very well, so.

85
00:05:10.120 --> 00:05:12.279
We don't know what happened. We don't know the result.

86
00:05:12.399 --> 00:05:15.600
We know that there were three days a trial. They

87
00:05:15.639 --> 00:05:18.560
were in the plaintiff rested after day three, and then

88
00:05:18.600 --> 00:05:20.680
it was time for the defense case. And we don't

89
00:05:20.680 --> 00:05:22.399
know if the defense put on a case. We don't

90
00:05:22.439 --> 00:05:25.759
know what happened, and it's it's really frustrating because this

91
00:05:25.920 --> 00:05:28.079
is one of those cases where, like we talked about

92
00:05:28.399 --> 00:05:30.480
what is the value of the card? Well, first of all,

93
00:05:30.759 --> 00:05:34.040
what is the obligation of a grading company if they

94
00:05:34.120 --> 00:05:36.519
damage the You know, that's what's important about this case.

95
00:05:36.560 --> 00:05:40.040
It'll help decide that. But the other thing is what's

96
00:05:40.079 --> 00:05:42.720
the value of the card? Are we valuing this card

97
00:05:43.079 --> 00:05:46.079
when he submitted it? Are we valuing the card today

98
00:05:46.519 --> 00:05:49.839
because it's had you know, that card's probably had a hundred,

99
00:05:49.839 --> 00:05:53.040
one hundred and eighty thousand dollars swing in value. Because

100
00:05:53.120 --> 00:05:56.079
the case is long, so it's it's a really interesting case.

101
00:05:56.360 --> 00:05:59.079
But it also had a funny side issue where the

102
00:05:59.120 --> 00:06:02.279
plaintiff never cracked the slab. And that's one of those

103
00:06:02.319 --> 00:06:06.040
things where if I have cases that involved trading cards,

104
00:06:06.639 --> 00:06:09.079
especially if it's against the grading company, I want the

105
00:06:09.120 --> 00:06:11.319
card in the slab, you know, I want to be

106
00:06:11.360 --> 00:06:12.639
able to show well to.

107
00:06:12.639 --> 00:06:14.920
Me not to cut you up. Puff he cracks it

108
00:06:14.920 --> 00:06:17.000
out of the slab, he kind of he doesn't have

109
00:06:17.040 --> 00:06:19.319
a case really well because he.

110
00:06:19.519 --> 00:06:20.680
If he cracks it.

111
00:06:20.399 --> 00:06:24.639
So the plan, so part of the defense that PSA

112
00:06:24.759 --> 00:06:27.439
said was, hey, it's not damage to the card. It's

113
00:06:27.480 --> 00:06:30.439
just some like dust or something that's stuck in there.

114
00:06:30.560 --> 00:06:32.600
So if you just crack it out, the dust will

115
00:06:32.600 --> 00:06:34.720
go away and you'll see your card is perfect now.

116
00:06:34.879 --> 00:06:37.959
So he included some close up shots and it really

117
00:06:37.959 --> 00:06:40.360
looks like it's the actual damage to the card because

118
00:06:40.639 --> 00:06:43.240
the chrome layer, it looks like the chrome layers rubbed

119
00:06:43.240 --> 00:06:46.079
off and you could actually see the cardboard. But he's

120
00:06:46.120 --> 00:06:49.240
his position was his lawyer's position was this defense that

121
00:06:49.319 --> 00:06:52.199
it's just something stuck in the case is ridiculous. So

122
00:06:52.240 --> 00:06:55.279
we never wanted to crack the card, but get ready

123
00:06:55.319 --> 00:06:57.879
for trial, and that's what a PSA is defensive. So

124
00:06:59.279 --> 00:07:01.720
the plaintiffs, well, you know what, if I want, I

125
00:07:01.759 --> 00:07:05.079
can crack the card on the stand and let the

126
00:07:05.199 --> 00:07:06.839
jury see what's going to happen here.

127
00:07:06.879 --> 00:07:08.040
So if you're going to put.

128
00:07:07.879 --> 00:07:10.399
Forward that defence, we're going to crack the card on

129
00:07:10.480 --> 00:07:13.959
the stand, to which PSA brought a motion saying no,

130
00:07:14.079 --> 00:07:14.560
you can't.

131
00:07:14.759 --> 00:07:16.000
You cannot crack.

132
00:07:15.800 --> 00:07:18.079
The card because if you were going to crack the card,

133
00:07:18.319 --> 00:07:20.399
you needed to do it while this case was running

134
00:07:20.399 --> 00:07:22.639
for four years, so that we could have experts in

135
00:07:22.680 --> 00:07:24.879
the room to make sure you're cracking the card correctly,

136
00:07:25.040 --> 00:07:27.240
and then afterwards we can have our experts look at it.

137
00:07:27.279 --> 00:07:29.480
You know, you can't just crack it on the stand

138
00:07:29.519 --> 00:07:31.959
because crazy things can happen. And that's one of the

139
00:07:31.959 --> 00:07:33.480
things I want to see what was going to happen

140
00:07:33.519 --> 00:07:36.959
in this because the judge was, look, he hadn't totally

141
00:07:37.040 --> 00:07:39.040
ruled on this yet, but it looked like he was

142
00:07:39.199 --> 00:07:42.360
more of a let's maintain the status. If you haven't

143
00:07:42.360 --> 00:07:45.920
cracked the card up till now, you probably shouldn't crack

144
00:07:45.959 --> 00:07:48.759
it during the case unless something weird happens.

145
00:07:48.839 --> 00:07:50.639
So now we don't know what the card was cracked

146
00:07:50.759 --> 00:07:50.959
or not.

147
00:07:51.079 --> 00:07:52.759
And that's something that I really want to see because

148
00:07:52.800 --> 00:07:55.360
it's funny where someone's willing to crack their card and

149
00:07:55.399 --> 00:07:57.079
the other side saying no, no, no, no, don't crack it

150
00:07:57.120 --> 00:07:57.720
out of the case.

151
00:07:57.920 --> 00:08:00.720
But so in this case, maybe so this case may

152
00:08:00.800 --> 00:08:05.199
be resolved, and you just don't know how it was resolved.

153
00:08:04.680 --> 00:08:07.360
It could be And that's what's frustrating because the last

154
00:08:07.480 --> 00:08:11.639
day that we have like a transcript, not transcript, but

155
00:08:11.680 --> 00:08:14.519
we have minute order for the court explaining what happened

156
00:08:14.560 --> 00:08:17.879
during trial is from November fifth, So we are over

157
00:08:17.959 --> 00:08:20.519
a month since the third day of trial and we've

158
00:08:20.560 --> 00:08:22.160
had no updates from the court on it.

159
00:08:22.360 --> 00:08:22.920
So we don't know.

160
00:08:23.040 --> 00:08:25.759
Somebody could have won. I mean, this case could be

161
00:08:25.800 --> 00:08:29.240
over and we just don't know. So it's somewhat frustrated.

162
00:08:29.279 --> 00:08:32.600
How do you find out or there's not necessarily a

163
00:08:32.639 --> 00:08:35.720
full proof way. Are like attorneys, Like if you knew

164
00:08:35.799 --> 00:08:39.039
the attorneys in the case, could you, as an attorney, say, hey,

165
00:08:39.039 --> 00:08:43.759
what happened with your case? How does that work? They are?

166
00:08:43.840 --> 00:08:47.000
They not allowed to speak until the result.

167
00:08:46.960 --> 00:08:50.759
They are And I am familiar with the lawyers at

168
00:08:50.840 --> 00:08:52.559
least on one side of this case, and I'm familiar

169
00:08:52.600 --> 00:08:56.279
with the experts that were utilizing these two. However, when

170
00:08:56.279 --> 00:08:59.480
it comes to how I cover cases, I only cover

171
00:08:59.759 --> 00:09:00.879
what on the dockets.

172
00:09:01.000 --> 00:09:03.200
I only cover what the parties have filed.

173
00:09:03.480 --> 00:09:07.320
Because when you're filing something with the court, you have

174
00:09:07.360 --> 00:09:09.480
to do it under for like federal court, you have

175
00:09:09.519 --> 00:09:12.240
to do it under what's called rule eleven, meaning you

176
00:09:12.320 --> 00:09:16.480
are basically swearing under penalty of perjury that everything you're

177
00:09:16.480 --> 00:09:19.080
saying is true. So because of that, I only go

178
00:09:19.159 --> 00:09:22.080
by what's on the court docket, because somebody is swearing

179
00:09:22.120 --> 00:09:24.399
that everything in there is true. Now, sure they may

180
00:09:24.399 --> 00:09:26.159
be pushing it a little bit, but that's what the

181
00:09:26.159 --> 00:09:28.159
other side is there to push back for. So I

182
00:09:28.240 --> 00:09:30.759
really don't like to talk to people outside of the

183
00:09:30.799 --> 00:09:32.519
cases and get their opinions on it.

184
00:09:32.759 --> 00:09:32.879
Now.

185
00:09:32.879 --> 00:09:34.679
I figure for this, you're right, I should probably just

186
00:09:34.720 --> 00:09:36.799
reach out to somebody and say, hey, is it over?

187
00:09:36.960 --> 00:09:37.919
Is it still going on?

188
00:09:38.360 --> 00:09:41.519
But I keep hoping that the court website will just

189
00:09:41.679 --> 00:09:44.080
update and tell them, because that's how I mean. We're

190
00:09:44.120 --> 00:09:48.240
in twenty twenty five. Federal courts right now are beautiful.

191
00:09:48.320 --> 00:09:51.159
They update daily. You can if you have access to

192
00:09:51.200 --> 00:09:53.600
the PACER system, you can see what's going on in

193
00:09:53.639 --> 00:09:57.480
any case federally, all across the United States, all fifty states,

194
00:09:57.639 --> 00:09:59.960
whenever you want. Problem is, this is in a state,

195
00:10:00.440 --> 00:10:03.480
and some state courts have very good dockets. Some state

196
00:10:03.519 --> 00:10:06.639
courts have abysmal dockets. Some state courts, like this one,

197
00:10:06.879 --> 00:10:09.679
have dockets where you have to pay money to actually

198
00:10:09.679 --> 00:10:12.039
see what's going on. So this is one of those

199
00:10:12.039 --> 00:10:14.159
dockets that I think it's a little bit backwards.

200
00:10:14.440 --> 00:10:17.159
It costs money, and you just really.

201
00:10:16.960 --> 00:10:20.000
Never know what's going on. Yeah, So that was a

202
00:10:20.000 --> 00:10:22.399
long way of saying, there's a way to figure it out.

203
00:10:22.720 --> 00:10:24.279
If it was in a better court, we would know,

204
00:10:24.679 --> 00:10:27.039
But it's in a court that's difficult to understand what's

205
00:10:27.080 --> 00:10:27.600
going on there.

206
00:10:27.639 --> 00:10:29.240
So I just don't know what's happened.

207
00:10:29.399 --> 00:10:31.639
Time to hear from one of our great sponsors, but

208
00:10:31.720 --> 00:10:34.000
Sports Guardination will be right back after that.

209
00:10:35.559 --> 00:10:39.840
Hobby Hotline is the Hobby's only live, interactive call in show.

210
00:10:40.559 --> 00:10:44.879
Join some of your favorite hobby personalities every Saturday eleven

211
00:10:44.919 --> 00:10:47.840
am Eastern eight am Pacific.

212
00:10:47.919 --> 00:10:50.080
To discuss the hottest hobby topics.

213
00:10:50.639 --> 00:10:53.639
If you miss us live, catch us after the fact

214
00:10:53.679 --> 00:10:57.919
on all major podcasts platforms. Follow us on socials at

215
00:10:58.000 --> 00:10:59.519
Hobby Hotline.

216
00:11:01.360 --> 00:11:05.480
Let's Go. You are listening to the Sports Card Nation podcast.

217
00:11:07.759 --> 00:11:10.240
Let me ask you this I again, and I could

218
00:11:10.240 --> 00:11:13.440
be like completely wrong here. I would think if the

219
00:11:13.519 --> 00:11:17.039
plaintiff won the case, we he'd probably go to the

220
00:11:17.080 --> 00:11:20.919
mountaintop and scream like I beat PSA. You know, don't

221
00:11:20.960 --> 00:11:24.440
let them like ruin your cards or you know, take

222
00:11:25.200 --> 00:11:27.559
and again maybe he did that and we haven't seen

223
00:11:27.600 --> 00:11:30.559
it or I haven't, you know, but the fact that

224
00:11:30.840 --> 00:11:33.919
neither one of us knowingly has seen something like that,

225
00:11:34.279 --> 00:11:37.360
can we can we kind of make the assumption at

226
00:11:37.399 --> 00:11:39.720
p s A one or or you really can't.

227
00:11:40.039 --> 00:11:44.759
You really can't because most cases settle with a confidentiality agreement.

228
00:11:45.279 --> 00:11:48.159
And so you know, if the case went to the jury,

229
00:11:48.879 --> 00:11:49.799
I think you're probably right.

230
00:11:49.840 --> 00:11:51.600
If the case went to the jury, or if the

231
00:11:51.639 --> 00:11:54.039
judge determined it however was going to be determined.

232
00:11:53.840 --> 00:11:56.720
I think whoever won would have been touting their win,

233
00:11:56.840 --> 00:11:58.639
you know, would have been said, hey, we won this case.

234
00:11:58.679 --> 00:12:00.080
We shut it down. You know.

235
00:12:00.200 --> 00:12:03.159
So maybe it hasn't been decided yet, maybe it's been

236
00:12:03.159 --> 00:12:06.159
put on hold, or maybe the parties settled it. And

237
00:12:06.200 --> 00:12:08.440
then that could be why the docket's not updating, because

238
00:12:08.440 --> 00:12:10.600
the judge is like moved on to other things. He's like,

239
00:12:10.639 --> 00:12:12.200
I don't need to update a docket for a case

240
00:12:12.200 --> 00:12:15.480
it's already resolved. It's just we just don't know. It's

241
00:12:15.519 --> 00:12:16.279
it's frustrated.

242
00:12:16.399 --> 00:12:19.759
And that's like PS. They settled with the plaintiff, right

243
00:12:20.639 --> 00:12:22.960
part of that settlement, can be like, you don't just

244
00:12:23.240 --> 00:12:26.159
the cas is over, we're paying you such and such,

245
00:12:26.519 --> 00:12:29.279
don't discuss the case anymore. It's exact, almost like a

246
00:12:29.320 --> 00:12:29.919
gag order.

247
00:12:30.240 --> 00:12:30.440
Yeah.

248
00:12:31.440 --> 00:12:34.919
Basically the language you know that we typically see for

249
00:12:34.960 --> 00:12:38.600
settlement agreements like that is the if you're asked about

250
00:12:38.600 --> 00:12:40.720
this case, you know, both sides agree that they could

251
00:12:40.720 --> 00:12:42.759
say that the parties settled it amicably.

252
00:12:42.919 --> 00:12:44.720
That's like all you can ever say about. Then you

253
00:12:44.759 --> 00:12:45.200
just have to look.

254
00:12:45.320 --> 00:12:47.039
You just have to look at whoever says it, whichever

255
00:12:47.120 --> 00:12:48.960
lawyer says it, or whichever side says it.

256
00:12:49.120 --> 00:12:52.360
How big are they smiling, you know, smiling ear to ear?

257
00:12:52.440 --> 00:12:54.639
Maybe they want are they kind of frowning when they

258
00:12:54.679 --> 00:12:55.759
say that maybe they lost?

259
00:12:55.960 --> 00:12:59.120
No, I if this case settles, If it settles, I

260
00:12:59.159 --> 00:13:02.200
guarantee they'll be confidentiality. That's why I really hope it

261
00:13:02.240 --> 00:13:05.000
goes all the way, a final judgment.

262
00:13:04.720 --> 00:13:09.320
Without knowing, without knowing, and putting on like your lawyer cap,

263
00:13:09.399 --> 00:13:13.039
your judge cap, how do you think if it did end?

264
00:13:13.440 --> 00:13:15.480
And they're like, how do you think it ended? If

265
00:13:15.519 --> 00:13:17.879
you're you know, it's like predicting the score of a

266
00:13:17.919 --> 00:13:21.360
football game based on the teams and the strength and

267
00:13:21.639 --> 00:13:24.080
you know, how do you think it may have ended.

268
00:13:24.519 --> 00:13:27.399
I think from looking at the card from what I've

269
00:13:28.120 --> 00:13:30.600
in the exhibits, I believe there was damage shard. I

270
00:13:30.639 --> 00:13:32.559
believe it looks like some of the chrome has been

271
00:13:32.639 --> 00:13:34.440
rubbed off. I think you get the cardboard, so I

272
00:13:34.440 --> 00:13:37.159
think there's a good chance that it was found that

273
00:13:37.200 --> 00:13:40.320
the card was Then you turned the liability to the

274
00:13:40.360 --> 00:13:43.279
damages to the to the dollar value that the plaintiffs

275
00:13:43.279 --> 00:13:46.519
should get paid. And that's where I have no idea,

276
00:13:46.600 --> 00:13:48.440
and that's really why I've been watching It is just

277
00:13:48.480 --> 00:13:50.799
gonna be a three hundred thousand dollars payment, is going

278
00:13:50.879 --> 00:13:53.679
to be a sixteen thousand That's really something I'm looking

279
00:13:53.720 --> 00:13:54.360
forward to saying.

280
00:13:54.399 --> 00:13:56.480
And really, for a case that's been going on for.

281
00:13:56.399 --> 00:14:00.000
Four or five years, no matter how much gets paid

282
00:14:00.240 --> 00:14:02.399
or if there's a zero involved in the case, it

283
00:14:02.440 --> 00:14:05.720
doesn't seem that it was worth everybody's time. Well, I

284
00:14:05.720 --> 00:14:08.279
think the only winner in this case is the defense

285
00:14:08.320 --> 00:14:10.960
attorneys that were probably getting paid on an hourly basis.

286
00:14:11.200 --> 00:14:12.919
They've probably done well in this case.

287
00:14:13.120 --> 00:14:15.639
But I imagine the planktiff's attorneys probably took this on

288
00:14:15.720 --> 00:14:19.440
a contingency and I just can't imagine anybody's coming out

289
00:14:19.559 --> 00:14:22.200
other than the defense attorneys, which my hats off to him.

290
00:14:23.120 --> 00:14:25.639
Yeah, I was gonna ask you, like, if I'm the

291
00:14:25.759 --> 00:14:29.200
gentleman who's this is his Kobe Bryant, and let's say

292
00:14:29.240 --> 00:14:32.559
he doesn't win the case, does he lose on top

293
00:14:32.600 --> 00:14:35.440
of that because he has to pay his lawyers and

294
00:14:35.519 --> 00:14:38.120
court fees? Like, how does that? I mean every case

295
00:14:38.200 --> 00:14:41.720
is different, but generally speaking, how does that work? Like?

296
00:14:42.759 --> 00:14:44.720
Go ahead, Yeah, so most of yeah, most of the

297
00:14:45.120 --> 00:14:48.480
h Since the US system typically is each side pays

298
00:14:48.480 --> 00:14:51.360
their own lawyer, so unless unless the case is found

299
00:14:51.360 --> 00:14:53.919
to be a agreed if it's egregious, then you.

300
00:14:53.919 --> 00:14:55.600
May have to pay the other side's lawyer.

301
00:14:55.879 --> 00:14:59.960
Court costs, however, typically the loser pays court costs, though

302
00:15:00.200 --> 00:15:03.639
really aren't anywhere near you know there, you know, court

303
00:15:03.679 --> 00:15:06.480
costs would be a filing, you know, deposition costs, you know,

304
00:15:06.879 --> 00:15:10.879
and it really would just be like standard transcription costs,

305
00:15:10.919 --> 00:15:13.320
not even like travel or hotels are you know.

306
00:15:13.360 --> 00:15:15.039
Typically that's that's about the extent.

307
00:15:15.080 --> 00:15:17.679
If the case goes all the way and there's a judgment,

308
00:15:17.799 --> 00:15:20.279
well then somebody has to pay. If the case is egregious,

309
00:15:20.440 --> 00:15:22.759
you may have to pay the other sides attorneys fees.

310
00:15:23.399 --> 00:15:25.720
But when it comes to paying your own attorneys, if

311
00:15:25.720 --> 00:15:28.600
this case was taken as a contingent fee basis for

312
00:15:28.639 --> 00:15:31.879
the plaintiff, he normally won't have to pay any attorneys

313
00:15:31.919 --> 00:15:34.799
because plaintiffs in that case, the plaintiff's atorneys in that case,

314
00:15:35.000 --> 00:15:37.159
would only get paid if there was a positive result,

315
00:15:37.279 --> 00:15:39.600
if there was a settlement, or if there was a judgment.

316
00:15:39.799 --> 00:15:44.000
So yeah, I mean, if the plaintiff does not win,

317
00:15:44.519 --> 00:15:47.440
I imagine their attorneys took the case on a contingency

318
00:15:47.519 --> 00:15:49.960
and they're getting a big zero for the case.

319
00:15:49.759 --> 00:15:53.759
So they rolled the dice and crapped out exactly.

320
00:15:53.879 --> 00:15:56.440
Yeah, And that's the type of litigation I do.

321
00:15:56.559 --> 00:16:00.000
I'm mainly a plaintiff's attorney, so you always make sure

322
00:16:00.120 --> 00:16:02.120
when you have a case like that comes in, it

323
00:16:02.399 --> 00:16:04.799
better be a winner. And not only had it better

324
00:16:04.840 --> 00:16:08.639
be a winner, there better be enough damages involved that

325
00:16:08.679 --> 00:16:09.360
you get paid.

326
00:16:09.600 --> 00:16:11.600
So like with some of my artist cases, you.

327
00:16:11.519 --> 00:16:13.559
Know a lot of the people that are knocking off

328
00:16:13.840 --> 00:16:16.440
artists that are out there, they're artists.

329
00:16:16.480 --> 00:16:18.200
Also, they don't have much money.

330
00:16:18.360 --> 00:16:20.960
So if they've caused say one hundred thousand dollars two

331
00:16:21.000 --> 00:16:23.639
hundred thousand dollars worth of harm, but they only have

332
00:16:23.879 --> 00:16:25.480
three dollars in their bank account.

333
00:16:25.679 --> 00:16:27.679
It's not a good case to take out a contingence.

334
00:16:27.840 --> 00:16:29.919
And that's why I always have to tell my clients

335
00:16:29.919 --> 00:16:31.720
where not only do you have to have a bad

336
00:16:31.799 --> 00:16:34.000
guy on the other side who did something wrong, you

337
00:16:34.080 --> 00:16:35.919
kind of have to have a bad guy with money

338
00:16:36.120 --> 00:16:38.759
who did something wrong. Because if they're broke, all we

339
00:16:38.799 --> 00:16:39.639
can do is shut them down.

340
00:16:39.879 --> 00:16:41.320
We're not getting money out, all right.

341
00:16:41.399 --> 00:16:45.879
I kept this episode a little shorter than normal with

342
00:16:46.000 --> 00:16:50.240
the holiday season, but we'll be back next week again

343
00:16:50.279 --> 00:16:53.360
with Paul. We got some more cases on the docket,

344
00:16:53.480 --> 00:16:56.519
actually a full docket. We'll be talking about next week.

345
00:16:57.120 --> 00:17:00.519
Lor Kana versus Upper Deck, some of the twist and

346
00:17:00.600 --> 00:17:05.799
turns there, Panini versus Fanatics, and then Wildcard versus Panini,

347
00:17:06.200 --> 00:17:09.400
and those are obviously two separate cases, but Paul's going

348
00:17:09.440 --> 00:17:13.839
to explain to us why even other are two separate cases.

349
00:17:14.000 --> 00:17:19.799
One may have an effect on the other. So part

350
00:17:19.920 --> 00:17:23.839
three of our four part series will continue next week

351
00:17:23.880 --> 00:17:27.039
with Paul. What I like about doing it this way,

352
00:17:27.359 --> 00:17:30.920
They're not chronological, so if you miss one, you can

353
00:17:30.960 --> 00:17:33.240
go back, you can you don't have to listen to

354
00:17:33.400 --> 00:17:38.279
him in order. And again you know this. These the

355
00:17:38.359 --> 00:17:42.240
cases have an impact on the hobby in some sort

356
00:17:42.240 --> 00:17:47.000
of facet. So as always we appreciate Paul sharing his

357
00:17:47.119 --> 00:17:51.720
insight and knowledge as as an attorney. So we'll see

358
00:17:51.720 --> 00:17:55.480
you here in a week. Happy Holidays, Happy New Year,

359
00:17:55.720 --> 00:17:59.200
and we'll be back in a week. Let's hear from

360
00:17:59.240 --> 00:18:01.880
a Hobby's the p people announcer of the week and

361
00:18:01.960 --> 00:18:06.839
wrap up this week's short episode.

362
00:18:05.519 --> 00:18:12.920
Time for our hobby is the People Announcer of the week, Yo,

363
00:18:13.000 --> 00:18:13.680
and hello Ruddy.

364
00:18:13.759 --> 00:18:17.200
Might hear Baseball Collector and remember that the hobby is

365
00:18:17.200 --> 00:18:17.680
the people.

366
00:18:18.240 --> 00:18:20.440
If you'd like to be the hobby is the People

367
00:18:20.480 --> 00:18:23.599
announcer of the week, do a one or MP three

368
00:18:23.720 --> 00:18:27.880
file and send it to Sportscard Nation PC at gmail

369
00:18:28.039 --> 00:18:29.920
dot com.

"PSA damaged my Kobe?" w/ "The Hobby Lawyer" Paul Lesko E368

Listen On

Featured Episodes

Recent Episodes

Support On