Law of Cards: Upper Deck v. Blowout Cards Update

Law of Cards: Upper Deck v. Blowout Cards Update

On October 12, 2011, the judge in the Upper Deck v. Frontline Collectibles/Blowout Cards action (the case over Upper Deck's new distribution policy that I previously wrote about here and here) held an Early Neutral Evaluation Conference.

Legal translation: The judge thought this action might be an easy one to resolve quickly, so he had everybody come in, metaphorically hold hands and sing “Kumbaya" to see if maybe they could settle.

Later that same afternoon, the court issued an order. The most relevant phrase from the order, “The case did not settle."

Legal translation – The rendition of “Kumbaya" was not rousing, the parties are not getting along…so, they're just going to have to fight it out.

The next date of interest in this action is December 5 where the parties will be back in the courtroom to firm up a schedule for the case.

Stay tuned to Cardboard Connection's Law of Cards for breaking courtroom details as they emerge.

The information provided in Paul Lesko's “Law of Cards" column is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered in the sports industry. This information is not intended to create any legal relationship between Paul Lesko, the Simmons Browder Gianaris Angelides & Barnerd LLC or any attorney and the user. Neither the transmission nor receipt of these website materials will create an attorney-client relationship between the author and the readers.

The views expressed in the “Law of Cards" column are solely those of the author and are not affiliated with the Simmons Law Firm. You should not act or rely on any information in the “Law of Cards" column without seeking the advice of an attorney. The determination of whether you need legal services and your choice of a lawyer are very important matters that should not be based on websites or advertisements.

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Paul Lesko has litigated intellectual property for over 15 years. Don’t hold the fact that Paul is a lawyer against him, he’s also a rabid baseball and college basketball fan, and an avid baseball card collector. Paul can be found on Twitter @Paul_Lesko and Google+.

User Comments

  1. I’m glad to see that you are continuing to follow the case. Blowoutcards is committed to providing its customers and the entire collecting community the very best pricing and service on sports cards possible. I did attend the Early Neutral Evaluation Conference and at this point meaningful settlement discussion did not take place. During the past few months I have been able to obtain information including some very interesting documentation that will be very helpful as it relates to our case.The deposition phase of the case should provide great insight to the business practices of UD and help support our claims as well.

    I’m looking forward to your continued follow up and appreciate any feedback you or your readers have.

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