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Meyers vs CGC lawsuit dismissed after 2 years8282

Collector poka private msg quote post Address this user
If you recall there was a couple who restores books who filed a lawsuit against CGC and heritage a few years ago.

The lawsuit has just been dismissed.

The lawsuit provides some valuable insights as to what constitute defamation in a forum.

https://www.docdroid.net/h3MHM4Y/court-opinion12319.pdf#page=1
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I had no way of knowing that 9.8 graded copies signed by Adam Hughes weren't what you were looking for. drchaos private msg quote post Address this user
Does anyone have the Cliff's notes version?
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Collector andy49 private msg quote post Address this user
didn't much care for the speculation that cbcs was letting massive amounts of restoration slide
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past performance is no guarantee of future actions. KatKomics private msg quote post Address this user
Quote:
Originally Posted by drchaos
Does anyone have the Cliff's notes version?


Goodness!! 23 pages. I second for cliff notes
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COLLECTOR shrewbeer private msg quote post Address this user
CGC essentially refused to grade their books due to being too far restored to the point where they could not be sure if the cover was actually a photocopy or not.

CBCS was confident enough to grade the book.

Heritage in turn refused to auction the book.

The dude said f you guys I’m suing.

Case dismissed.

Sorry, dont feel like thumbing a better cliff note version lol
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Collector Helric1 private msg quote post Address this user
I read a little of this and it reminded me of a comment made somewhere about CBCS grading the "Frankenbooks". Are these the books that person is referring to?
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Collector Lonestar private msg quote post Address this user
Here's my attempt at Cliff Notes. (Still probably too long.)

Investment Grade Books (IGB) sued CGC (and it's primary grader), Classic Collectible Services (CCS) and Heritage claiming:
1. Defamation (communication which tends to harm an individual's reputation)
2. False Light (publicity to a matter concerning another that places the other before the public in a false light)
3. Tortious interference with contract (when a party intentionally and improperly interferes with the performance of a contract)
4. Conspiracy (a combination of two or more persons acting with a common purpose to do an unlawful act)

History/Facts:
1. IGB restores and resells comics starting in 2013.
2. January 2015, IGB met with CGC primary grader, who complimented their work and offered insight on comic restoration. He specifically gave advice on how to improve CGC grade on a Batman #1 and Amazing Fantasy #15, which had been restored by IGB.
3. IGB leaves AF 15 with CGC to correct warp in spine.
4. March 2015, CGC informs IGB that AF 15 was damaged at lower right hand corner in pressing process. they mended the comic and sent it back to IGB.
5. March 2015, both comics along with Action Comics #7 sent to CGC for grading.
6. Both Batman 1 & AF 15 come back with same grade as before the additional restoration.
7. IGB asks for grader notes, but none are provided. They are told that the comics had a smell and were too heavy.
8. CGC was reluctant to grade AC 7 because of the excessive amount of color touch and gloss over on cover made it thick.
9. After IGB assured CGC that the cover was not fake, they did grade AC 7 as a 8.0 C-5.
10. IGB continues to submit and have CGC grade comics.
11. June 2015, IGB submits Dectective Comics #29, previously graded by CGC as 6.5, now restored and is grade by CGC 8.0 B-5.
12. Unhappy with the grade, IGB submits same comic to CBCS, who grades it as a 9.0.
13. IGB stops using CGC, stating that of alleged conflict of interest between CGC & CCS (who also restores comics).
14. December 2015, thread on CGC forum about a restored Detective Comics 33 for sale. IGB claims false rumor was circulated on that thread by CGC was refusing to grade IGB restored comics.
15. July 2016, IGB contacts Heritage about selling restored Detective Comics #27, graded 9.6 by CBCS.
16. Internal e-mails between Heritage comic book group, states that CGC refuses to grade IGB comics and states that IGB somehow prints out a new cover and puts it on the comics.
17. Heritage had an AF 15, restored by IGB and graded by CBCS, consigned by a dealer. August 2016, Heritage determines that it was trimmed on three sides which is not mentioned on CBCS holder. Heritage withdraws comic from the auction.
18. November 2016, IGB tells Heritage that they are mistaken that CGC will not grade their comics. Heritage responds that it didn't matter to them who was grading the comics. They were concerned with their clients. They suggest that CGC and/or CBCS use a new different color label for IGB books (or other aggressively restored comics) or that Heritage use a strong bold-faced disclaimer int he catalog.
19. February 2018, Heritage does include a Detective Comic #31, restored by IGB and graded 9.6 by CBCS in its auction, consigned by a dealer.

The court found that IGB failed to prove any of the four claims that they brought in the lawsuit.
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-Our Odin-
Rest in Peace
Jesse_O private msg quote post Address this user
@Lonestar Great job on the summary!!
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COLLECTOR shrewbeer private msg quote post Address this user
Quote:
Originally Posted by Jesse_O
@Lonestar Great job on the summary!!


Ditto!
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Collector Lonestar private msg quote post Address this user
Quote:
Originally Posted by shrewbeer
CGC essentially refused to grade their books due to being too far restored to the point where they could not be sure if the cover was actually a photocopy or not.

CBCS was confident enough to grade the book.

Heritage in turn refused to auction the book.

The dude said f you guys I’m suing.

Case dismissed.

Sorry, dont feel like thumbing a better cliff note version lol


At least per the document linked in the OP, this is not technically correct. CGC certainly had reservations, but they did grade the comics that were submitted to them. IGB stopped submitting comics as they were not happy with the results they were getting from CGC. On page 11 of the document linked, a post from the CGC thread from CGC's primary grader stated "A decision was going to be made whether to stop taking books that exhibited questionable work, but submissions ceased..."

So they might have stopped grading their comics (although isn't clear that a decision had been made), IGB stopped submitting comics to CGC.

Just wanted to point this out for clarification.
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COLLECTOR shrewbeer private msg quote post Address this user
@Lonestar correct. Although implied, it was never formally said that they would not grade them
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Collector SpiderTim private msg quote post Address this user
Quote:
Originally Posted by Lonestar
Here's my attempt at Cliff Notes. (Still probably too long.)

Investment Grade Books (IGB) sued CGC (and it's primary grader), Classic Collectible Services (CCS) and Heritage claiming:
1. Defamation (communication which tends to harm an individual's reputation)
2. False Light (publicity to a matter concerning another that places the other before the public in a false light)
3. Tortious interference with contract (when a party intentionally and improperly interferes with the performance of a contract)
4. Conspiracy (a combination of two or more persons acting with a common purpose to do an unlawful act)

History/Facts:
1. IGB restores and resells comics starting in 2013.
2. January 2015, IGB met with CGC primary grader, who complimented their work and offered insight on comic restoration. He specifically gave advice on how to improve CGC grade on a Batman #1 and Amazing Fantasy #15, which had been restored by IGB.
3. IGB leaves AF 15 with CGC to correct warp in spine.
4. March 2015, CGC informs IGB that AF 15 was damaged at lower right hand corner in pressing process. they mended the comic and sent it back to IGB.
5. March 2015, both comics along with Action Comics #7 sent to CGC for grading.
6. Both Batman 1 & AF 15 come back with same grade as before the additional restoration.
7. IGB asks for grader notes, but none are provided. They are told that the comics had a smell and were too heavy.
8. CGC was reluctant to grade AC 7 because of the excessive amount of color touch and gloss over on cover made it thick.
9. After IGB assured CGC that the cover was not fake, they did grade AC 7 as a 8.0 C-5.
10. IGB continues to submit and have CGC grade comics.
11. June 2015, IGB submits Dectective Comics #29, previously graded by CGC as 6.5, now restored and is grade by CGC 8.0 B-5.
12. Unhappy with the grade, IGB submits same comic to CBCS, who grades it as a 9.0.
13. IGB stops using CGC, stating that of alleged conflict of interest between CGC & CCS (who also restores comics).
14. December 2015, thread on CGC forum about a restored Detective Comics 33 for sale. IGB claims false rumor was circulated on that thread by CGC was refusing to grade IGB restored comics.
15. July 2016, IGB contacts Heritage about selling restored Detective Comics #27, graded 9.6 by CBCS.
16. Internal e-mails between Heritage comic book group, states that CGC refuses to grade IGB comics and states that IGB somehow prints out a new cover and puts it on the comics.
17. Heritage had an AF 15, restored by IGB and graded by CBCS, consigned by a dealer. August 2016, Heritage determines that it was trimmed on three sides which is not mentioned on CBCS holder. Heritage withdraws comic from the auction.
18. November 2016, IGB tells Heritage that they are mistaken that CGC will not grade their comics. Heritage responds that it didn't matter to them who was grading the comics. They were concerned with their clients. They suggest that CGC and/or CBCS use a new different color label for IGB books (or other aggressively restored comics) or that Heritage use a strong bold-faced disclaimer int he catalog.
19. February 2018, Heritage does include a Detective Comic #31, restored by IGB and graded 9.6 by CBCS in its auction, consigned by a dealer.

The court found that IGB failed to prove any of the four claims that they brought in the lawsuit.


What are the 4 claims IGB brought into the lawsuit?
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Captain Corrector CaptainCanuck private msg quote post Address this user
@SpiderTim

Quote:
Originally Posted by SpiderTim
What are the 4 claims IGB brought into the lawsuit?

@Lonestar lists them in the beginning of the post.
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