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<p>[QUOTE="imrich, post: 2015779, member: 22331"]I apologize for confusion, as you normally understand the arguments.</p><p><br /></p><p>"Damages" generally are the funds that a jury would award because of an improper action(s).</p><p><br /></p><p>In this specific case, a jury would probably determine that the real damages due minimally are the $3500 published by the firm as a MS67 grade value. If comparable +, and Full Head grading conditions can be established on other same type coins graded by the TPG, the real damages established for that coin could be ~$75000 plus legal fees.</p><p><br /></p><p>The punitive damages are subjectively established by a jury dependent upon numerous factors as number of, severity of violations, deviation from a realistic grade established by published standards, offer by firm to repurchase the coin, firm stated values for condition relative to fair market sales values, etc.. It wouldn't be unexpected to hear a relatively large figure dollar amount many times that of the real damages awarded.</p><p><br /></p><p>I hope this explanation provides some clarity to a complex process of adjudication. It may seem unfair, but when documented identical coins have anonymously been submitted to TPG on numerous occasions without any reasonable grade consensus, the system is probably too subjective.</p><p><br /></p><p>JMHO[/QUOTE]</p><p><br /></p>
[QUOTE="imrich, post: 2015779, member: 22331"]I apologize for confusion, as you normally understand the arguments. "Damages" generally are the funds that a jury would award because of an improper action(s). In this specific case, a jury would probably determine that the real damages due minimally are the $3500 published by the firm as a MS67 grade value. If comparable +, and Full Head grading conditions can be established on other same type coins graded by the TPG, the real damages established for that coin could be ~$75000 plus legal fees. The punitive damages are subjectively established by a jury dependent upon numerous factors as number of, severity of violations, deviation from a realistic grade established by published standards, offer by firm to repurchase the coin, firm stated values for condition relative to fair market sales values, etc.. It wouldn't be unexpected to hear a relatively large figure dollar amount many times that of the real damages awarded. I hope this explanation provides some clarity to a complex process of adjudication. It may seem unfair, but when documented identical coins have anonymously been submitted to TPG on numerous occasions without any reasonable grade consensus, the system is probably too subjective. JMHO[/QUOTE]
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