John Doe et al. v. Jason Ewert et al. -- Litigation Forthcoming

[BronzeBruce13]

for those of you that have read this 3+ times, please forgive the below statement yet again but…

 

I think many are STILL missing the "big picture" on the power of the litigation regardless of its monetary success. Taking the action is a victory in of itself as it will accomplish…

 

1. it WILL bring the details of this incident to the masses and our willingness to stand up to it. In effect, serving as an advertising campaign against fraud within the industry.

 

2. it WILL serve as a serious deterrent to anyone else that may consider following a similar path. The fact that we have several committed lawyers who love the hobby and are willing to invest their time (regardless of how difficult the case may be to win) to challenge the unscrupulous should be "fear inspiring" to say the least.

 

3. Going forward, it will be very difficult for the "unethical" to continue to consider the Comic Collecting Community as an easy target. Instead, we will surely appear to be a formidable, united front that are willing to strike back.

 

4. "J"SIN "YOU-WART" will NEVER show his face again in a comic venue and will be permanently thought of as pariah of the hobby. Without any legal action, he may have "tried" to work his way back over time under the premise that his actions were not serious enough for there to be legal ramifications.

 

 

I am going to say this once and I don't give a damn what anyone has to say in response as someone who has litigated in court many times, I don't care how many lawyers you have, or how much political pull you have no case it is all anger and no substantance. This entire thing is about everyone feeling like they have been taken no federal laws have been broken, and I doubt there is a real single state statute that can found.

 

The only way to prove something was done against the law was to prove fraudulent enterprise by Heritage/CGC/Ewert employees and since the lawyer in this case says he is friend with the CGC personal and will not go after them your entire case is mute and a waste of both time and funds.

[Foolkiller]

See Bruce, I just didn't even think he was worth responding to. He has his opinion, it's obviously going to change absolutely nothing and absolutely nobody's mind. People by now have already become set in their way of thinking, so frankly, he's entitled to his opinion, and that's fine.

[esquirecomics]

We will not be suing CGC in the lawsuit. I consider Steve Borock, Paul Litch, and Shawn Caffery to be personal friends. I can assure you and everyone else that this is not about trying to hurt CGC -- it is about getting to the bottom of what Jason did and finding out who helped him. Unless CGC was knowingly helping Jason hide trimmed books in blue label slabs (and I have seen no evidence and have no reason to believe that they did or would do this), I will neither file nor participate in any lawsuit that names CGC as a defendant.

 

I am wondering what happens if you find out any of the following.

 

1. CGC knew exactly what he was doing.

2. CGC knew from others what he was doing.

 

Then you drop the case all together?

 

I am just wondering, I might be reading it wrong.

You're reading it wrong.

 

Mark said: "Unless CGC was knowingly helping Jason hide trimmed books in blue label slabs (and I have seen no evidence and have no reason to believe that they did or would do this), I will neither file nor participate in any lawsuit that names CGC as a defendant."

 

See if it's easier to understand if the clauses in the sentence are reversed: "I will neither file nor participate in any lawsuit that names CGC as a defendant ... unless CGC was knowingly helping Jason hide trimmed books in blue label slabs." He's not saying he necessarily will file suit in that circumstance, but he's not foreclosing the possibility. As Mark said, hopefully it won't come to that.

 

Actually, Scott/FFB wrote the above response. Not me. He is was speaking for himself personally. I'll reserve judgment for the facts to come to light.

[esquirecomics]

For anyone who is still willing to donate funds of any amount to help defer legal expenses associated with the case, I have created a new paypal account for this purpose. Several of you, particularly those who are overseas, had stated this would be easier for you.

 

You can now send funds via paypal to ComicBookEsquire@aol.com.

 

If you do send a paypal donation, please send me an e-mail or PM separately so that I know exactly who sent the money.

 

You can also send funds the old fashioned way to me via check at:

 

Mark S. Zaid, Esq.

Krieger & Zaid, PLLC

1920 N Street, N.W.

Suite 300

Washington D.C. 20036

 

All donations are maintained in my attorney escrow account until needed. Should we recover costs as part of the litigation we may be able to reimburse any donations.

 

We appreciate the generosity that some of you have already shown. Every little bit helps!

 

More information to follow when available.

 

 

I am going to say this once and I don't give a damn what anyone has to say in response as someone who has litigated in court many times, I don't care how many lawyers you have, or how much political pull you have no case it is all anger and no substantance. This entire thing is about everyone feeling like they have been taken no federal laws have been broken, and I doubt there is a real single state statute that can found.

 

The only way to prove something was done against the law was to prove fraudulent enterprise by Heritage/CGC/Ewert employees and since the lawyer in this case says he is friend with the CGC personal and will not go after them your entire case is mute and a waste of both time and funds.

 

 

[TLC55555]

See Bruce, I just didn't even think he was worth responding to. He has his opinion, it's obviously going to change absolutely nothing and absolutely nobody's mind. People by now have already become set in their way of thinking, so frankly, he's entitled to his opinion, and that's fine.

 

Well he's "someone who has litigated in court many times" so maybe we should listen to him what do you think maybe he has a point don't you think

[BronzeBruce13]

He may be right, but he's "missing" the bigger picture as outlined several posts above.

[CGCMINT]

Bruce,

 

So, what is Jason doing now? has he been contacted regarding the lawsuit?

 

John

[BronzeBruce13]

John – I'm sure "J"SIN YOU-WART is well aware of what's going on. When he's officially served (or whatever) it will come as no surprise.

[uclapeterg]

We will not be suing CGC in the lawsuit. I consider Steve Borock, Paul Litch, and Shawn Caffery to be personal friends. I can assure you and everyone else that this is not about trying to hurt CGC -- it is about getting to the bottom of what Jason did and finding out who helped him. Unless CGC was knowingly helping Jason hide trimmed books in blue label slabs (and I have seen no evidence and have no reason to believe that they did or would do this), I will neither file nor participate in any lawsuit that names CGC as a defendant.

 

I am wondering what happens if you find out any of the following.

 

1. CGC knew exactly what he was doing.

2. CGC knew from others what he was doing.

 

Then you drop the case all together?

 

I am just wondering, I might be reading it wrong.

You're reading it wrong.

 

Mark said: "Unless CGC was knowingly helping Jason hide trimmed books in blue label slabs (and I have seen no evidence and have no reason to believe that they did or would do this), I will neither file nor participate in any lawsuit that names CGC as a defendant."

 

See if it's easier to understand if the clauses in the sentence are reversed: "I will neither file nor participate in any lawsuit that names CGC as a defendant ... unless CGC was knowingly helping Jason hide trimmed books in blue label slabs." He's not saying he necessarily will file suit in that circumstance, but he's not foreclosing the possibility. As Mark said, hopefully it won't come to that.

 

all that legalese is confusing sometimes

[Bullet123]

For anyone who is still willing to donate funds of any amount to help defer legal expenses associated with the case, I have created a new paypal account for this purpose. Several of you, particularly those who are overseas, had stated this would be easier for you.

 

You can now send funds via paypal to ComicBookEsquire@aol.com.

 

If you do send a paypal donation, please send me an e-mail or PM separately so that I know exactly who sent the money.

 

You can also send funds the old fashioned way to me via check at:

 

Mark S. Zaid, Esq.

Krieger & Zaid, PLLC

1920 N Street, N.W.

Suite 300

Washington D.C. 20036

 

All donations are maintained in my attorney escrow account until needed. Should we recover costs as part of the litigation we may be able to reimburse any donations.

 

We appreciate the generosity that some of you have already shown. Every little bit helps!

 

More information to follow when available.

 

I would be willing to contribute to this cause, however I would like some questions answered in a PM . Can someone with the knowledge of how this case is going to be pursued please contact me. Thanks

 

Robert Cudequest

[tth2]

I would be willing to contribute to this cause, however I would like some questions answered in a PM . Can someone with the knowledge of how this case is going to be pursued please contact me. Thanks

 

Robert Cudequest

Why in the world don`t you just PM Esquire directly, rather than posting here on the boards asking to be PM`d?

[Bullet123]

because if I understand this correctly, he is not the only lawyer who will be involved. I was hoping someone would respond if Mark was otherwise preoccupied.

[esquirecomics]

Robert, we'd be happy to answer any questions, if we can. Of course, some issues might be kept between the lawyers and the clients.

 

FFB is on his honeymoon but both Foolkiller and I are around. Just PM one or both of us at your convenience.

[rob_react]

FFB is on his honeymoon

 

Which means he'll only check the boards twice.

[OldGuy]

FFB is on his honeymoon

 

Which means he'll only check the boards twice.

 

.....a day.

[uclapeterg]

FFB is on his honeymoon

 

Which means he'll only check the boards twice.

 

an hour.

[Ares]

FFB is on his honeymoon

 

Which means he'll only check the boards twice.

 

an hour.

24/7

[tb]

We will not be suing CGC in the lawsuit. I consider Steve Borock, Paul Litch, and Shawn Caffery to be personal friends. I can assure you and everyone else that this is not about trying to hurt CGC -- it is about getting to the bottom of what Jason did and finding out who helped him. Unless CGC was knowingly helping Jason hide trimmed books in blue label slabs (and I have seen no evidence and have no reason to believe that they did or would do this), I will neither file nor participate in any lawsuit that names CGC as a defendant.

 

[...]

 

Actually, Scott/FFB wrote the above response. Not me. He is was speaking for himself personally. I'll reserve judgment for the facts to come to light.

 

Just for the record, my donation (which I mailed to FFB Oct. 22) was contingent on the clarification above.

[esquirecomics]

We will not be suing CGC in the lawsuit. I consider Steve Borock, Paul Litch, and Shawn Caffery to be personal friends. I can assure you and everyone else that this is not about trying to hurt CGC -- it is about getting to the bottom of what Jason did and finding out who helped him. Unless CGC was knowingly helping Jason hide trimmed books in blue label slabs (and I have seen no evidence and have no reason to believe that they did or would do this), I will neither file nor participate in any lawsuit that names CGC as a defendant.

 

[...]

 

Actually, Scott/FFB wrote the above response. Not me. He is was speaking for himself personally. I'll reserve judgment for the facts to come to light.

 

Just for the record, my donation (which I mailed to FFB Oct. 22) was contingent on the clarification above.

 

I personally don't want to get into any dispute with anyone who donates funds so let me be perfectly clear from my point of view. FFB and Foolkiller can voice their separate opinions if they have any.

 

This litigation is certainly not directed at CGC, nor do I know of any intent to somehow bring CGC into the case as a defendant. So far as I know based on the evidence at this time, CGC has done nothing that should create civil liability. But no lawyer, at least one that is worth any salt, would foreclose possibilities until all the evidence emerges. So that is why I state for myself that I reserve judgment.

 

What I don't want is to get into a dispute with someone who donates as to what our objectives might be or the path the litigation might take. That will be controlled by the lawyers and the plaintiffs, not anyone who donates funds. So if anyone has any concerns you should not donate. If you have concerns and have donated and desire your money returned, please let me know and I will be happy to oblige.

 

We really appreciate everyone's support and hope to count on your assistance as well. You might not realize how much this litigation will cost, both in time for the lawyers (probably several hundred thousand dollars) and out-of-pocket expenses (could easily be into five figures), so I again say thank you for those in our corner.

[Aman619]

I really admired you reply, Mark You nailed every concern and graciously and honestly spelled out to anyone concerned that a donation does not in any way contain the power to dictate th edirection th esuit takes.

 

but, cmon, you killed it with the six-figure estimate!! Thats what always gets me about lawyers. Sure, we can do the math and say that at $495/hr , 200 grand represents a quick 400 hours of work. And with three principal attorneys, thats a bout 2 and a half weeks, right? So I see where you are coming from... but, jeeez, since you AREN'T on the clock at your usual rates, its kind of a slap in the face to even begin to discuss how much all your efforts are "worth".

 

We appreciate you hard work for no personal gain. We dont need to quantify how much. Doesnt that cheapen the effort we already recognize and applaud?