Paul Lesko

There’s been a lot recently actually! But I’ve only really covered it in the Twitterz.

Motion to dismiss and motions to kick experts have been fully briefed…with a hearing coming up in early Sept.

That’s so funny! And I didn’t notice that.

Because we got like no deets on this case, our AI Overlords decided to draw their interpretation of the case for us.

So, THANK YOU AI OVERLORDS FOR DOING THIS even though that's a petty bad rendition of a '52 Mantle

And unfortunately, that's about all we know about this case.

The defendant last week did file a motion to dismiss which...<sigh>...is also unavailable (STUPID STATE COURT DOCKETS)...but hopefully when that's fully briefed, we'll get to see the court's order.

...whatever the facts may be, the court issued the TRO and has temporarily restrained the defendant from selling the '52 Mantle.

Now, because we can't access other documents on the record (STUPID STATE COURTS DON'T GET ME STARTED), we don't get a full summary of what gave rise to the litigation or the TRO motion or any history of ownership of the card....

...BUT...[cont.]...

Somehow @35auburn (over on the Twitterz) did it again and scoured the interwebz and found us this case (THANKS!).

It was filed on July 25...and soon thereafter there was a temporary restraining order hearing seeking to prevent the defendant from selling a 1952 Topps Mantle.

New #TheHobby case to talk about!

It's Heckathorn and Glickfield v. Monaco...and unfortunately we can't access the complaint (boo!), BUT, we can access a TRO order!

So we know what the case is about: a 1952 Topps Mantle.

Yeah, that's a biggie.

Who knows, this lawsuit could start a new trend of FRIENDLY litigation!

Next up, the defendants will respond to the complaint, and I'm really hoping they keep up the theme of making this a light-hearted with a WE LOVE YOU TOO AND ARE GLAD YOU HAD A GOOD TIME but HERE'S OUR TWENTY-FIVE DEFENSES SO JUDGE PLEASE KICK THIS CASE.

So...to TLDR this complaint as an online review:

Lots of alleged ADA violations, but had a great time. Four stars. Definitely doing again. But pls fix. Thanks and XOXOXO

...and that "despite the architectural barriers" she "enjoyed" Fanatics Fest, "met and took photographs with wrestlers and the Olympic gymnast Jordan Chiles" and "intends to return" to Fanatics Fest in the future.

...and then she allegedly experienced some of the identical issues, BUT, she describes Fanatics Fest 2025 as "transform[ing] the Javits Center into a three-day immersive area" full of "Iconic stars" like Tom Brady, LeBron, Kevin Durant, Derek Jeter, the Mannings, Rhea Ripley...

The complaint continues and explains the issues that the plaintiff experienced in 2024, BUT, then amusingly notes that the plaintiff did get to see "a number of famous wrestlers" and that she "took photographs with four wrestlers."

And she decided to come back for 2025...

I mean, it begins like a brochure stating that Fanatics Fest "brings together fans across all sports to celebrate their passions...[and] includes the world's first immersive and interactive sports fan festival and the largest arena for collectibles."

Seem like a plug, right?

...why I'm covering this is because although it starts off talking about the "pervasive, ongoing, and inexcusable disability discrimination" that allegedly occurred, I swear this complaint could almost be an advertisement to go to the next Fanatics Fest.

The legal gist of the lawsuit is the plaintiff went to Fanatics Fest in 2024 and 2025, and that there were some things that allegedly did not meet the ADA's requirements and made it so the plaintiff had difficulties, so plaintiff wants them to fix these issues. Basically.

BUT...

There's a funny new #TheHobby lawsuit to talk about!

It's an American Disabilities Act lawsuit over Fanatics Fest...but that's not what's funny (obviously)...what's funny is the lawsuit reads like "I LOVED FANATICS FEST AND I'M SORRY I HAVE TO SUE YOU."

Fer realz.

Amazing work as always. Good luck, Graig!

So, after all that, do you have a horror story (or stories) where a #TheHobby package you sent or were expecting to receive never made it?

So, there you have it! The case was filed yesterday, so there'll be some time until FedEx is served and will need to make an appearance in the case.

Maybe, in 30-60 days we'll see FedEx's response!

In view of this, REA brings breach of contract, breach of duty of good faith and fair dealing, negligence, unjust enrichment, and conversion claims against FedEx and a number of John Does to be identified through discovery.

REA alleges that these actions show "that the shipment[s]...w[ere] not merely lost" and alleges that "FedEx failed to ensure...[these] packages reached their destination" by "failing to properly supervise its employees...who...stole said packages."

It looks like REA started to figure out what was happening when one of the cards from the first missing packages "turned up" with another collector in New Jersey who stated "he purchased the card from a friend who had purchased it at a trade show in Pennsylvania."

The three packages that disappeared included a $31,700 package...a $1,340 package...and a $60,150 package...all of which REA reimbursed the individuals for or had insurance do the same.

The complaint begins by explaining this lawsuit concerns three packages for three different auction winners that REA sent via FedEx...all of which allegedly went through the same "third-party receiving facility in Delaware"...but disappeared en route.

Here's a fun lawsuit. You know how you hear about packages getting lost and/or stolen while in transit? Well, this is a case about that.

It's Robert Edwards Auctions ("REA") v. FedEx.

Just finished this great Popular Mechanics article on #TheHobby which focuses on the Pokémon prototype issue and generally on the arms race between grading companies and those seeking to take advantage of others.

Really a fun read.

(Plus I'm quoted a time or two in it)

Physical magazine only!

APs are out! Licensors are pleased! It’s all happening! Officially going on sale Monday morning, July 7th, for only *one* week, then gone forever.

Stay tuned for updates, or sign up for more info!

docs.google.com/forms/d/e/1F...

Dogtown Sports Collectibles and Framing also did an amazing job on framing. But really, they always do.

And from what they say, multiple people wanted to buy this one from them!

I’m sooooo lucky I get to hang this in my office! And once I do, I’ll send updates.