Dec. 26, 2025

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

"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.

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WEBVTT

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Sports Guard Nations, Hobbies, the People, Wheely News and Interviews.

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It's your number one song. Sportscarnation. Hobby is the people

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sports Guarnation?

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What is up? Everybody? Welcome to episode three sixty eight

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Sports Cardination. We have Paul Lasco, Part two of four.

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If you didn't catch last week's show about a grading

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card company losing an ONUS Wagner card, go catch that today.

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How about PSA damaged my card? If you're integrating, it's

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probably not you've probably heard that before, hopefully it's never

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happened to you. But today's show, I was going to

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talk about a legal case involving a damaged Kobe Bryant card.

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Any value loss based on the damaged and the plaintiff

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is a legend at PSA damaged a refractor card of

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Kobe from the condition he sent it in, and he

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wants to be compensated. And this case would be precedenting

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setting if the plaintiff winds. Because I think we've all

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heard at least once somebody claim that their card was damaged.

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I don't want to just pick on PSA, but by

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a grading card company. Heck, I'll be honest with you,

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I do the bolk shopping for SGC, and I've had

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not someone definitely saying, but just sort of questioning, like

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I didn't notice that when I sent it in, although

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I send in the cards that they they give me.

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And after that, you know, we're at the mercy of

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the grading card companies doing the right thing. So very

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interesting case on today's program, and I think you'll enjoy it.

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As always, wanted to thank my sponsors, Iron Sports Card,

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rober Lent. They doing a great job there. Sports Collectors Digest,

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the longest hobby publication and I get the right for

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them Hobby Hotline, our Saturday Morning Conglomerate show and Upper Deck.

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So thank those guys. And with that being said, let's

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get this show. And Paul asked Paul LESCo back on

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for part two. All right, here is part two of

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our conversation with Paul Lesko, and we're gonna be talking

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about a court case where PSA allegedly has damaged a

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Kobe Bryant car. So here we go, PSA, you know,

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damaging a card somewhere in the degrading process in their

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possession of the car. And I've heard people without even

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going to litigation, I'm sure you have to see people

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go on social media and say, look what PSA did

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to my card, or that's not the condition I sent

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it to him in and here is how I got

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it back. You know. Talk. But when it comes to

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a court case, let's let's tackle it.

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Yeah.

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And I think that's you know, the cases that interest

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me the most. Like while we can't relate to you know,

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Beckett losing our T two o six on his Wagner,

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we have heard about it. We've heard about people, you know,

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I sent it a card, they sent it out on

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un FedEx. It never arrived. You know, we've all heard

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stories like that. So, Adam minimum, you can relate to

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it at a basic level.

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But this one I think people can relate to more so.

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And this is a case that has been going on

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for four or five years. So it has to do

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with a nineteen ninety six Kobe Bryant chrome Rookie refractor

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from from Tops and the card was sent in by

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the plaintiff to PSA.

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And and when the.

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Card came back, I think it came back as if

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there was a what he called like a dent or

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a divot in the card. And he's had pictures from

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beforehand he submitted. You know, he's got pictures from right

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when he handed him in, he's got pictures from afterwards,

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and you can see there's something going on with the card.

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There's something that was there that wasn't there beforehand. So

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his allegation, he's alleging that, hey, this card should have

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been a ten and you know, maybe nine, but it

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probably should have been a ten because you've damaged a

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card you slabbed it as an eight, that I've lost

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significant value, and especially when you're looking at a case

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from four years ago, five years ago, twenty twenty.

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Was the boom time. It was a boom time for card.

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So there are you know, I think I don't remember

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the exact value he's looking for, but it was, you know,

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several hundred thousand dollars. He believes he has been damaged

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from the card going from a ten to an eight.

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So this case has been going on for ever, and

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finally we had a trial in the end of November.

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Early no, it was the beginning of the beginning of November.

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We actually had a trial in this but the trial

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was in a state court and the docket does not

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update very well, so.

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We don't know what happened. We don't know the result.

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We know that there were three days a trial. They

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were in the plaintiff rested after day three, and then

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it was time for the defense case. And we don't

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know if the defense put on a case. We don't

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know what happened, and it's it's really frustrating because this

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is one of those cases where, like we talked about

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what is the value of the card? Well, first of all,

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what is the obligation of a grading company if they

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damage the You know, that's what's important about this case.

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It'll help decide that. But the other thing is what's

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the value of the card? Are we valuing this card

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when he submitted it? Are we valuing the card today

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because it's had you know, that card's probably had a hundred,

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one hundred and eighty thousand dollars swing in value. Because

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the case is long, so it's it's a really interesting case.

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But it also had a funny side issue where the

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plaintiff never cracked the slab. And that's one of those

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things where if I have cases that involved trading cards,

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especially if it's against the grading company, I want the

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card in the slab, you know, I want to be

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able to show well to.

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Me not to cut you up. Puff he cracks it

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out of the slab, he kind of he doesn't have

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a case really well because he.

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If he cracks it.

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So the plan, so part of the defense that PSA

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said was, hey, it's not damage to the card. It's

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just some like dust or something that's stuck in there.

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So if you just crack it out, the dust will

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go away and you'll see your card is perfect now.

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So he included some close up shots and it really

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looks like it's the actual damage to the card because

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the chrome layer, it looks like the chrome layers rubbed

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off and you could actually see the cardboard. But he's

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his position was his lawyer's position was this defense that

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it's just something stuck in the case is ridiculous. So

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we never wanted to crack the card, but get ready

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for trial, and that's what a PSA is defensive. So

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the plaintiffs, well, you know what, if I want, I

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can crack the card on the stand and let the

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jury see what's going to happen here.

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So if you're going to put.

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Forward that defence, we're going to crack the card on

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the stand, to which PSA brought a motion saying no,

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you can't.

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You cannot crack.

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The card because if you were going to crack the card,

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you needed to do it while this case was running

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for four years, so that we could have experts in

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the room to make sure you're cracking the card correctly,

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and then afterwards we can have our experts look at it.

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You know, you can't just crack it on the stand

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because crazy things can happen. And that's one of the

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things I want to see what was going to happen

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in this because the judge was, look, he hadn't totally

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ruled on this yet, but it looked like he was

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more of a let's maintain the status. If you haven't

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cracked the card up till now, you probably shouldn't crack

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it during the case unless something weird happens.

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So now we don't know what the card was cracked

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or not.

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And that's something that I really want to see because

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it's funny where someone's willing to crack their card and

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the other side saying no, no, no, no, don't crack it

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out of the case.

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But so in this case, maybe so this case may

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be resolved, and you just don't know how it was resolved.

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It could be And that's what's frustrating because the last

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day that we have like a transcript, not transcript, but

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we have minute order for the court explaining what happened

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during trial is from November fifth, So we are over

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a month since the third day of trial and we've

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had no updates from the court on it.

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So we don't know.

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Somebody could have won. I mean, this case could be

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over and we just don't know. So it's somewhat frustrated.

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How do you find out or there's not necessarily a

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full proof way. Are like attorneys, Like if you knew

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the attorneys in the case, could you, as an attorney, say, hey,

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what happened with your case? How does that work? They are?

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They not allowed to speak until the result.

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They are And I am familiar with the lawyers at

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least on one side of this case, and I'm familiar

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with the experts that were utilizing these two. However, when

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it comes to how I cover cases, I only cover

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what on the dockets.

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I only cover what the parties have filed.

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Because when you're filing something with the court, you have

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to do it under for like federal court, you have

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to do it under what's called rule eleven, meaning you

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are basically swearing under penalty of perjury that everything you're

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saying is true. So because of that, I only go

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by what's on the court docket, because somebody is swearing

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that everything in there is true. Now, sure they may

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be pushing it a little bit, but that's what the

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other side is there to push back for. So I

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really don't like to talk to people outside of the

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cases and get their opinions on it.

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Now.

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I figure for this, you're right, I should probably just

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reach out to somebody and say, hey, is it over?

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Is it still going on?

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But I keep hoping that the court website will just

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update and tell them, because that's how I mean. We're

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in twenty twenty five. Federal courts right now are beautiful.

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They update daily. You can if you have access to

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the PACER system, you can see what's going on in

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any case federally, all across the United States, all fifty states,

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whenever you want. Problem is, this is in a state,

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and some state courts have very good dockets. Some state

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courts have abysmal dockets. Some state courts, like this one,

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have dockets where you have to pay money to actually

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see what's going on. So this is one of those

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dockets that I think it's a little bit backwards.

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It costs money, and you just really.

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Never know what's going on. Yeah, So that was a

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long way of saying, there's a way to figure it out.

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If it was in a better court, we would know,

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But it's in a court that's difficult to understand what's

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going on there.

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So I just don't know what's happened.

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Time to hear from one of our great sponsors, but

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Sports Guardination will be right back after that.

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Let's Go. You are listening to the Sports Card Nation podcast.

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Let me ask you this I again, and I could

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be like completely wrong here. I would think if the

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plaintiff won the case, we he'd probably go to the

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mountaintop and scream like I beat PSA. You know, don't

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let them like ruin your cards or you know, take

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and again maybe he did that and we haven't seen

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it or I haven't, you know, but the fact that

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neither one of us knowingly has seen something like that,

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can we can we kind of make the assumption at

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p s A one or or you really can't.

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You really can't because most cases settle with a confidentiality agreement.

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And so you know, if the case went to the jury,

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I think you're probably right.

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If the case went to the jury, or if the

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judge determined it however was going to be determined.

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I think whoever won would have been touting their win,

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you know, would have been said, hey, we won this case.

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We shut it down. You know.

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So maybe it hasn't been decided yet, maybe it's been

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put on hold, or maybe the parties settled it. And

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then that could be why the docket's not updating, because

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the judge is like moved on to other things. He's like,

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I don't need to update a docket for a case

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it's already resolved. It's just we just don't know. It's

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it's frustrated.

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And that's like PS. They settled with the plaintiff, right

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part of that settlement, can be like, you don't just

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the cas is over, we're paying you such and such,

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don't discuss the case anymore. It's exact, almost like a

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gag order.

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Yeah.

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Basically the language you know that we typically see for

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settlement agreements like that is the if you're asked about

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this case, you know, both sides agree that they could

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say that the parties settled it amicably.

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That's like all you can ever say about. Then you

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just have to look.

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You just have to look at whoever says it, whichever

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lawyer says it, or whichever side says it.

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How big are they smiling, you know, smiling ear to ear?

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Maybe they want are they kind of frowning when they

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say that maybe they lost?

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No, I if this case settles, If it settles, I

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guarantee they'll be confidentiality. That's why I really hope it

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goes all the way, a final judgment.

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Without knowing, without knowing, and putting on like your lawyer cap,

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your judge cap, how do you think if it did end?

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And they're like, how do you think it ended? If

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you're you know, it's like predicting the score of a

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football game based on the teams and the strength and

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you know, how do you think it may have ended.

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I think from looking at the card from what I've

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in the exhibits, I believe there was damage shard. I

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believe it looks like some of the chrome has been

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rubbed off. I think you get the cardboard, so I

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think there's a good chance that it was found that

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the card was Then you turned the liability to the

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damages to the to the dollar value that the plaintiffs

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should get paid. And that's where I have no idea,

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and that's really why I've been watching It is just

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gonna be a three hundred thousand dollars payment, is going

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to be a sixteen thousand That's really something I'm looking

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forward to saying.

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And really, for a case that's been going on for.

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Four or five years, no matter how much gets paid

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or if there's a zero involved in the case, it

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doesn't seem that it was worth everybody's time. Well, I

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think the only winner in this case is the defense

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attorneys that were probably getting paid on an hourly basis.

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They've probably done well in this case.

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But I imagine the planktiff's attorneys probably took this on

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a contingency and I just can't imagine anybody's coming out

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other than the defense attorneys, which my hats off to him.

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Yeah, I was gonna ask you, like, if I'm the

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gentleman who's this is his Kobe Bryant, and let's say

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he doesn't win the case, does he lose on top

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of that because he has to pay his lawyers and

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court fees? Like, how does that? I mean every case

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is different, but generally speaking, how does that work? Like?

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Go ahead, Yeah, so most of yeah, most of the

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h Since the US system typically is each side pays

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their own lawyer, so unless unless the case is found

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to be a agreed if it's egregious, then you.

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May have to pay the other side's lawyer.

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Court costs, however, typically the loser pays court costs, though

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really aren't anywhere near you know there, you know, court

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costs would be a filing, you know, deposition costs, you know,

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and it really would just be like standard transcription costs,

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not even like travel or hotels are you know.

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Typically that's that's about the extent.

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If the case goes all the way and there's a judgment,

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well then somebody has to pay. If the case is egregious,

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you may have to pay the other sides attorneys fees.

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But when it comes to paying your own attorneys, if

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this case was taken as a contingent fee basis for

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the plaintiff, he normally won't have to pay any attorneys

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because plaintiffs in that case, the plaintiff's atorneys in that case,

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would only get paid if there was a positive result,

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if there was a settlement, or if there was a judgment.

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So yeah, I mean, if the plaintiff does not win,

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I imagine their attorneys took the case on a contingency

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and they're getting a big zero for the case.

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So they rolled the dice and crapped out exactly.

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Yeah, And that's the type of litigation I do.

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I'm mainly a plaintiff's attorney, so you always make sure

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when you have a case like that comes in, it

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better be a winner. And not only had it better

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be a winner, there better be enough damages involved that

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you get paid.

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So like with some of my artist cases, you.

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Know a lot of the people that are knocking off

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artists that are out there, they're artists.

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Also, they don't have much money.

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So if they've caused say one hundred thousand dollars two

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hundred thousand dollars worth of harm, but they only have

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three dollars in their bank account.

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It's not a good case to take out a contingence.

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And that's why I always have to tell my clients

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where not only do you have to have a bad

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guy on the other side who did something wrong, you

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kind of have to have a bad guy with money

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who did something wrong. Because if they're broke, all we

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can do is shut them down.

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We're not getting money out, all right.

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I kept this episode a little shorter than normal with

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the holiday season, but we'll be back next week again

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with Paul. We got some more cases on the docket,

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actually a full docket. We'll be talking about next week.

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Lor Kana versus Upper Deck, some of the twist and

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turns there, Panini versus Fanatics, and then Wildcard versus Panini,

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and those are obviously two separate cases, but Paul's going

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to explain to us why even other are two separate cases.

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One may have an effect on the other. So part

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three of our four part series will continue next week

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with Paul. What I like about doing it this way,

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They're not chronological, so if you miss one, you can

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go back, you can you don't have to listen to

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him in order. And again you know this. These the

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cases have an impact on the hobby in some sort

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of facet. So as always we appreciate Paul sharing his

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insight and knowledge as as an attorney. So we'll see

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you here in a week. Happy Holidays, Happy New Year,

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and we'll be back in a week. Let's hear from

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a Hobby's the p people announcer of the week and

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wrap up this week's short episode.

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Time for our hobby is the People Announcer of the week, Yo,

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and hello Ruddy.

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Might hear Baseball Collector and remember that the hobby is

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the people.

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If you'd like to be the hobby is the People

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

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

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dot com.