PRECLUDES MILLER FROM SEEKING STATUTORY DAMAGES OF $10.5 MILLION

NEWPORT BEACH, Calif. — Collectors Universe, Inc. reported that on April 23, 2008, the California Supreme Court denied William Miller’s petition for review of the Appellate Court’s decision, issued in February 2008, that Miller is not entitled to statutory damages of $10.5 million against Collectors Universe.

As previously reported, Miller had argued that he was entitled, under California law, to statutorily prescribed damages of $750 for each alleged use of his name by Collectors Universe without his consent and that, since a jury at the trial of the case found that Miller’s name appeared on 14,060 authentication certificates issued by Collectors Universe, he was entitled to statutory damages of $750.00 times 14,060, or approximately $10.5 million in total. The Appellate Court ruled, instead, that the use of his name constituted, at most, a single violation of the statute in question and, therefore, Miller was entitled to no more than $750.00 in statutory damages. Miller then filed a petition with the California Supreme Court seeking a review by that Court of the Appellate Court’s decision.

As a result of the Supreme Court’s action to deny a review of the Appellate Court’s decision, if Miller decides to pursue his claims once again, his only option would be to file, on or before July 7, 2008 for a new trial to reinstate his statutory and common law claims as well as his claim for punitive damages. In any such new trial he would first have to prove that Collectors Universe violated his statutory or common law rights and, even if he succeeded in doing so, he would have to show how, if at all, he was damaged. He would not, however, be entitled to multiply $750.00 by the number of times, if any, that Collectors Universe used his name without his consent, as his measure of damages. The Company cannot predict whether Miller will seek a new trial.

Living in a Radically Transparent world is, it seems, not without risk. Apparently a Seattle man was recently sued for $10,000 because he left a “Neutral” rating for an eBay seller from North Carolina.

Sued! For $10k for using a system that eBay implemented to encourage feedback!!!

Shellhorn bought some Morgan silver dollars from a man in North Carolina. The price was fair, but Shellhorn says the coins were packed poorly. “The coins were hanging out of the envelope, loose, with no packing whatsoever around them,” he said.

The seller wanted feedback. Shellhorn couldn’t honestly say the deal was good or bad so he took the middle ground. “This is neutral feedback, not even negative feedback, but neutral. He sued me for $10,000,” he said.

The judge in Buncome County, NC did dismiss the law suit, but it still raises a serious question about the future of consumer feedback, if the consumer is fearful of leaving any feedback at all.

It’s amazing that someone would sue an individual for one “neutral” rating, but that goes to show just how important ratings are on eBay. It’s also scary that an attorney was willing to take on the case. What if the judge hadn’t shown any common sense? What if the court had ruled in favor of the plaintiff?

It may not have happened this time, but you can bet that this case will inspire someone to think they can remove legitimate negative (neutral?) customer feedback by taking them to court. And it will be a scary time for all, should a naive judge rule in favor of the company.

By David Ganz for Numismaster 

Battle of the learned societies has begun at the Hispanic Society of America launched a broadside against its former neighbor, the American Numismatic Society, seeking the return of 38,000 coins the ANS has been cataloging since the death of Arthur Milton Huntington in 1955 at age 85.

Huntington was a major benefactor, multimillionaire, and philanthropist who largely funded Audubon Terrace in New York City’s Washington Heights at the turn of the 20th century. Among the organizations that he sponsored were the American Numismatic Society, and Hispanic Society of America, the American Geographic Society, and other learned organizations dedicated to scholarly analysis of the arts and sciences.

In 1948, the Hispanic Society of America collection consisting of some 30,000 coins, many of which were hammer-struck, including many of the ancient world, was placed on deposit with the ANS, making it the finest collection of its kind in the Americas. That is the source of the 2008 legal controversy.

Founded in 1858, the American Numismatic Society celebrates its 150th anniversary in 2008, having recently moved to Fulton Street in the New York financial district. It is preparing to abandon the new building in favor of a downtown location on the west side of Manhattan.

Read Full Numismaster Story

BY ERIC HERMAN Criminal Courts Reporter for the Sun Times

More than a year after the son of a Niles jewelry and coin dealer was shot dead in the dealer’s home, prosecutors have charged a Chicago man with the crime.

Frank Limardo, 25, faces first-degree murder and home-invasion charges in the slaying of Michael Childers, 28, during a robbery attempt on Feb. 21, 2007.

“We expect the evidence to show it was a home invasion, and that during the course of the struggle the victim was shot three times,” said Assistant State’s Attorney Diann Sheridan.

At a hearing Thursday, Judge Consuelo Bedoya-Witt set Limardo’s bond at $2 million.

Prosecutors say Limardo, of the 5700 block of West Wellington, went to the home of Leonard Bird — Childers’ father — armed with a handgun. During a struggle between Limbardo and Childers, Bird heard a voice yell, “Where’s the safe?” Sheridan said.

Limardo then allegedly fled to a van waiting in a cul de sac, where another person drove him away. A witness identified the van, Sheridan said. Read Full Sun Times Article

TAMPA, Fla. - (Business Wire) Odyssey Marine Exploration, Inc. (Nasdaq:OMEX), the world leader in the field of deep-ocean shipwreck exploration, announced today that Spain’s claim in Admiralty case number 8:07-CV-00616 has been dismissed pursuant to a motion filed on behalf of the Government of Spain. The shipwreck in this case is believed to be a 20th century passenger liner reported to be carrying valuable cargo.

Following Odyssey’s May 2007 announcement of the recovery of 17 tons of silver and gold coins from the “Black Swan” site, Spain filed claims with the U.S. District Court’s Tampa Division in three of the Company’s pending admiralty arrests. Odyssey made it clear that the Company was unaware of evidence suggesting any potential Spanish interest in the site, yet Spain pursued its claim without providing any information as to the basis for that claim.

“We are very pleased that Spain has acknowledged that its claim to this particular shipwreck is unfounded, and we are now looking forward to moving ahead in resolving all issues expeditiously with the other two cases,” said Greg Stemm, Odyssey’s Chief Executive Officer.

“Technically, Spain’s dismissal of its claim in this case has no bearing on the other two arrests, but this shows that just because Spain files a claim against a particular wreck site does not mean it has a valid basis, or as in this case, any evidence whatsoever to support that claim,” commented Melinda MacConnel, General Counsel for Odyssey. (more…)