How could NGC do this ? Do I have any recourse for this ?

I was just responding to your statements and it takes only a skim to note you cited and rely on a case which has nothing to do with the “facts”. While I’m not going to read your inapplicable citation, that case isn’t a “blanket” either, see the last sentence: [unless] it forfeits that protection by the falsity of some of its factual statements and by its alleged defamation of respondent.”376 U.S. at 271. ">1261

 

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Damages are presumed in a per se libel action. Not all speech is 1st amendment protected. Example: You can say that a particular poster is a stupid idiot, it’s implied that is not an actual statement of knowledge as to the posters intellectual capacity.
However, what you can’t say is the poster is a coin thief that switches out your coins with another. Nor can you say poster has a loathsome disease. Just an example of a few types of per se libel. I’m not suggesting this board has any duty to edit, rather the poster of the per se libelous nonsense for which truth is a defense. Point is relying on a party’s ability to prove damages in the light of a per se libel action, and propagating inaccurate info is irresponsible. Your statements apply only in a simple defamation type case.

 

@GDJMSP

Doug, maybe it is time to close this discussion.

 

Challenge Flag thrown....
(insert smiley face here)

 

Do we have permission from NGC Counsel?
NGC may want to retain evidence to preserve a per se libel option.

(insert smiley face here)

 

....and this, ladies and gentlemen, is why humans invented weapons.

(insert smiley face here)

 

IBTL

 

No this is why humans invented an entire industry of Defamation attorneys. Just remember, I’m not the one that stated this: “In the public, one can say whatever "defamatory" or "libelous" comment that one wants”

IBTL2

 

Agree. While some members have demonstrated great skill at finding legal citations from the internet, the quality of their numismatic contributions seems to be lacking in this thread. Since the majority of members are probably more interested in numismatics rather than barstool lawyer opinions, maybe it's time to move on

 

Yikes, serious we is.....my humor fail, so I apologize. Sue me. I am old. My mind wanders.

(insert another smiley face)

 

I agree, but sad my coin went from "toned" to "cleaned". It was a very nice piece before I sent it in.

 

I'm old too, I sure didn't realize that my post would cause an uproar. I just wanted opinions on the piece as to why I sent in a toned coin and it came back, "like new". I'm sad on that point, it looked good before.

 

Well I don't want to close the discussion, I wanted good opinions and didn't expect people go off on each other for their posts.

 

Again, sometimes I'm leary on posting questions I have no clue about even after reading and research. I do not plan any action, I want people to look at my pictures and give me opinions. Sad that I created an argumentative point that got members at each others throats. I didn't want that.

 

Shakespeare:

"First thing we do....".
We all know the rest.

 

Well, after 1 week and 8 pages of posts, it has arrived at the point where I must do something more interesting, like watch the grass growing or some paint drying.
I feel for the OP and hope he got something out of this

 

Here is the deal. The forum has rules to keep all of us in check from EDUCATING IGNORANT FOLKS in the cruel way they deserve to be humiliated when posting libel or nonsense.

Now, here are some questions for you. I hope you can educate me as I'm no lawyer but I believe I'm correct on this point: Anyone on this forum can retain an attorney and sue someone for anything. AFAIK, the person being sued will need to spend money defending the frivolous charge against them. So, true, false, done in jest or just to aggravate someone...

...my questions:

#1 Can anyone be sued? Yes____. No____.
#2 When sued, can you ignore it? Yes_____. No_____.
#3 If the case is thrown out, did you spend any money on defense? Y__. N__.
#4 Does a countersuit cost money? Yes____. No____.

So, if I'm correct, lots of time the guy with the most money can really screw up a person's life JUST FOR FUN. Yes___. No___.

 

bear32211, posted: "Again, sometimes I'm leary on posting questions I have no clue about even after reading and research. I do not plan any action, I want people to look at my pictures and give me opinions. Sad that I created an argumentative point that got members at each others throats. I didn't want that."

IMO, you did nothing wrong except jump the gun before you got the coin in hand. As posted, changing the light and position of a coin can make it look entirely different. Then the only way to ID it becomes marks, etc. In on of the images, the coin looks like the toning remained only lighter. In post #114, the coin is still toned and not white as it is above that.

We got away from your question when ... I'll just say someone accused NGC of switching your coin.

 

1) In theory yes but immunity is a defense
2) Yes, but not advisable as a judgement will issue.
3) Not advisable, but you can defend yourself and will lose your time which unless you’re retired you will lose your hourly/salary.
4) Yes and No. You used the word frivolous. If a judge determines it is in fact frivolous you can receive damages.
I wasn’t trying to derail the thread, I too feel bad for the poster, and only meant to respond to misleading information. This is a coin forum and making nonsense allegations that can expose someone to liability coupled with: you can say whatever you want and it’s protected speech, sorta set me off.

 

Well again, here is the original pic of the obverse and the slabbed obverse after. You can still see the dark "tone" in the middle of the 8 in the slabbed pic. Something happened. I will go with all those who have had their opinion, and greatly appreciate it, but please stop with the legal arguments. I did ask a question about it but never expected those responses. It would clearly be a waist of my time to pursue it.