http://www.king5.com/localnews/consumer/stories/NW_042308GJB_get_jesse_ebay_lawsuit_SW.91a63b84.html Get Jesse: Sued for 'OK' eBay feedback 11:31 PM PDT on Wednesday, April 23, 2008 By JESSE JONES / KING 5 News Steve Shellhorn was sued for $10,000 by an eBay seller who sold him some coins. 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. We took the lawsuit to University of Washington law professor Jane Winn. "I thought that seller was a few cards short of a deck," she said. The judge in Buncome County, North Carolina might not agree with that assessment, but he recently tossed out the suit. It cost Shellhorn $500 to hire an attorney. "I'm very leery. I won't leave feedback for anyone anymore," he said. Winn says there are options. eBay does have a company that handles third party disputes. Since eBay rules prevented the seller from leaving Shellhorn negative feedback, he dropped the lawsuit against him. "In the United States, when you buy something on eBay, that's a contract. There's always in theory with business transactions even if there a small dollar amount, there's always the treat of litigation," said Winn. And no one knows that better Steve Shellhorn. ================================================ edit to add: It gets worse, the seller is a wanted sex offender. Charles Burgess out of NC, can't find the ebay name yet. http://cosmos.bcst.yahoo.com/up/player/popup/?rn=4226712&cl=7536739&src=news
This kind of crap is going to keep happening until someone figures out that the idiot will have to pay all costs associated with the suit. That means from both sides. I will bet they end real fast if they were to institute such a policy/law.
This guy has some reputation to preserve, check the video I link to in the OP. Watch it all the way to the end. Would be nice if someone can find the ebay username for this guy.
Good Lord, the dude is a WANTED SEX OFFENDER as well... I hope they catch is you know what. :thumb: Ben
Actually, he has 2 reputations. I do not know what his eBay reputation is, but I do not think he wants the other preserved. He would prefer it well hidden.
not all sex offenders are the one's who prey on children. in fact, many cases involve highschool kids who we having intercourse, the girl was under 16 and the boy was 17. the girls father presses charges and ta-da, instant sex offender. thank you nanny state. anyone can be sued at anytime, it just takes someone to file the suit - i could sue my co-worker, my neighbor, everyone on this forum, and anonymous strangers. putting limits on the ability to sue are problematic, but yeah, it's out of hand. i blame a lack of population control at law schools. -steve
Thanks for the link. Looks like the USPS worked with Law Enforcement and bagged this scum bag... http://www.hendersonsheriff.org/pressreleases/Albert Charles Burgess Press Release 2008-03-06.pdf Then he gets loose again... http://www.blueridgenow.com/article.../NEWS/Missing_sex_offender_sought_by_deputies
Almost every country in the world other than the United States has a "loser pays" rule for civil lawsuits to discourage frivolous lawsuits and using the threat of lawsuits to intimidate people. (By "loser pays" I mean that if you bring a lawsuit against someone and lose, or the case is dismissed, you'd be required to pay the defendant's legal costs.) I really wish they'd adopt the same thing here... some have tried to pass such things but it's always been fought against by people who claim it's a violation of various rights and by as you can expect, memebers of the legal profession who if they were honest about it just want to protect their main sources of income.
I'd at least expect some lawyers going head over foot to prove that the case is frivolous and get the windfall associated with that. Less work for more money.
