What, the rest of us can't comment on Barrett-Jackson ejecting Keith Martin because a couple of posters can't properly behave?! Oh please. "OK, it never happened."
No Doubt is right, they've taken some poor legal advice here, IMO....come back and explain AGAIN the Futureliner $4.1 million close, as seen on nationwide TV!!!!!! I think it's over.....and they know it's over..........buy a big boat and head on out to Lake Havasu with some showgirls.......
Just take them at their word that they, BJ, will sue for online comments. So be it. They've actually got a case regarding some things that have been said. ...but, the first time that they follow through on their Word and sue, the defendant is going to go through the Discovery Process...thereby obtaining BJ's bidder lists and balance sheets... Then the Defendant is going to have the judge subpoena each of the bidders and lots of the non-bidders at the auction (e.g. for the GM Futureliner fiasco). Well, what are monied bidders going to think about getting hauled into court?! Holy smokes that's bad legal advice that some pool of idiots gave to BJ! And what if, even if a BJ lawsuit has merit (which I say again is the case in a couple of instances), that BJ loses? Then BJ's bidders were not only humiliated and distracted by the case, but now BJ has lost a lawsuit that may impart liability onto BJ's bidders (perhaps sellers, too). Now the legal advice posted above by Barrett-Jackson is even worse! What monied bidder would dare risk being hauled into court in the future as a potential BJ witness (not called by BJ, mind you, but by whomever BJ is suing)? That legal strategy would spook BJ's entire monied class away from attending auctions. Game Over.
I'm with you here...I understand discovery! I had a job electrocution fatality and they not only reviewed every piece of paper I touched in three years, they wanted the code for the 'action' notes I wrote to myself! I was glad I no longer doodled those war scenes of plane dogfights and tanks in the margins..... I was dismissed from the litigation, and no longer write such lengthy notes...he's still dead. 13,800 volts is a lot of mojo.....even in a bare wire the size of a pencil..... Back to the mega auction.........
Right. Even though you were dismissed from the lawsuit, you no longer write lengthy notes. Likewise, bidders hauled into a BJ lawsuit will no longer attend BJ auctions...lest they become a future court witness or a 3rd party.
I would be more concerned with BJ filing a suit and someone not having the funds to properly fight it...
Not a valid concern in this case for numerous reasons. For one thing, when you are being sued by a well-funded plaintif for slander/liable, it's rare that good consel alone will save you. You need the one sure defense: the truth. So if you told the truth then you are good to go, well funded or self-defended in a case like this. For another, the Discovery Process would give such an under-funded defendant access to bidders' lists and balance sheets that has "made for TV" rights written all over it. Easy to score funding at that point by selling the movie rights to your story, win or lose. Which is to say, a lone poor writer should be **begging** BJ to file suit, even if the writer loses the case. It's a ticket to fame and wealth for a nobody...which is why I emphasized that the legal advice given to Barrett-Jackson was among some of the worst thoughts ever conceived by homosapiens. Cavemen were more clever than whatever attorneys suggested risking BJ's core business over a few internet words.
I can't believe you dug up a 14-day old thread to post that again. Best of luck to you with your lawsuits and such. >8^) ER
Well....FWIW......I stand by my remarks posted here, as told to me first hand by a personal friend and business associate who was there at the auction and saw it happen, as well as heard first hand from others who were there. He had no reason to make it up.
"I may be just a simple caveman, but I do know one thing....." (Insert picture of the late, great Phil Hartman's Caveman Lawyer here) Jack
Hey, I'm pretty impressed that FChat warranted a post or 2 or 3 from the BJ people. I guess they take some of us and what we think seriously (I know, I'm not in that demographic). Still, I wonder at it all. I mean isn't there some truth somewhere in all this? My personal experience with auctions is slim, but I saw enough to know I do not care to participate except as a spectator. This is not the way to buy a car, even an investment grade (whatever that is) car. I also saw enough to belive that, at least, some of the rumor and inuendo could be true, or maybe partially true. It can all be a matter of perception, I guess. I do stand by my comments that it is a caveat emptor experience and that there are no guarantees to either seller or buyer by the auction house, in general. Nor, would I expect any. I also stand by the impression that auction houses, and BJ, give the image that they are more than just a representative of the seller in an auction. That is, they are not necessarily experts in the specific car model, nor do they really know a car's value or can guarantee its authenticity. We'd all like to think that an auction house bends over backwards to follow up on the claimed provenance and perform all the expected due dilligence to support a seller's claims. In some cases, they probably do, but this assuredly cannot be the case in mainstream auctions, like BJ where they offer 1000 cars. Maybe the autioneers will segregate - well, I guess they already are - by based on what market they want to appeal to. Perhaps the issue with BJ is that they tried to do too much - too many cars, too many market segments, too varied product (dirvers, collectibles and tributes). It continues to be a fascinating story.
Let s explain a real fact, if BJ can prove that the posts on internet are insulting and can damage his business, then for sure, they will have a great case and will win in court. 2 years ago I was personaly involved in a same situation and I sue the person who had insulted me, I go to court and won 300 000 $. Clever people don t want to be involve in this type of situation and I will advice all of you to stay polite and respect BJ. Only the direct witness who saw the action can have a real opinion, the rest is just internet suppositions. Concerning any auction, specialy in US, everybody known it s a real circus , they all claim "it s the best on the planet, it s the best that i ve ever see and they repeat this 1000 times. You want to buy, you do your own homework, then you decide the price that you are willing to pay, that s it You want to sell, then let s them do their business. I love auction as some time, you have great opportunity to buy at bargain price and if I don t buy anythings, it s a lots of fun to see the action.
And Speed shows yet another BJ re-run tonight. I guess they have to amortize their production costs over about 300 hours or something....yet, no Dakar Rallye, no Isle of man TT, no Goodwood Revival, etc...etc. "SPEED: All BJ all the time. Except when it's NASCAR" Jack
Anyone else see the action filed by BJ regarding the ThumbCo hemi-cuda fiasco. Makes for interesting reading. I also don't quite understand why this thread was moved to "Off Topic" since it has direct implication for "vintage" buyers and sellers. Happy reading! Image Unavailable, Please Login
It's a slow motion train wreck. BJ has a case, but is going to wreck their entire auction business by suing the Seller because the Seller is going to subpoena the monied Bidders at that auction as witnesses to testify that the car was short-gaveled. Rich people do *not* enjoy going to court. It doesn't matter if the car *was* short-gaveled or not...hauling monied Bidders into court will make monied bidders avoid going to future auctions. Game Over. So even though BJ will win its case (most likely), it will destroy its business. That makes for very poor legal advice. Note the name of the firm doing the suing. Would *you* want to get the kind of advice that would prevail in a lawsuit over a $300,000 car in exchange for losing your multi-million Dollar business? If so, then you know their name.
The discovery phase will be quite interesting. I'd love to see B-J's financial statements and tax returns in the public record, as well as buyer and seller lists. I agree, this thread should have been left in Vintage. Jack