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<p>[QUOTE=&quot;Coinchemistry 2012, post: 2478253, member: 28107&quot;]Maybe, maybe not.&nbsp; Very few things in the law are completely black and white, and sometimes it is cheaper for litigants to settle regardless of their legal positions.</p><p><br /></p><p>The bottom line is that the outcome of this thread depends on several factors:</p><p>(1) the amount of pressure that the OP is able to place on SEGS through public shaming, regulatory complaints, or threat of litigation to settle the matter;</p><p>(2) whether the OP is willing to spend the time, money, and other resources to pursue this and to institute litigation based on principle with the realization that recovery may be limited;</p><p>(3) the small claims procedure in the OP&#039;s state, whether SEGS falls within the long arm statute of that state and would otherwise have jurisdiction over the subject matter and personal jurisdiction over SEGS;</p><p>(4) the amount of time, money, and resources that SEGS is willing to spend fighting the OP and whether that venue of choice adheres to the American Rule, meaning that SEGS would be forced to pay its own attorney&#039;s fees regardless of the outcome since her claim is colorable and not frivolous; etc.</p><p><br /></p><p>I do not think the OP&#039;s claim is worth $16000, but I do think she might be able to put enough pressure for SEGS to offer a reasonable settlement.&nbsp;&nbsp; The pro-SEGS crowd is portraying this as a slam dunk for SEGS.&nbsp; I disagree, and there are facts that are missing that are still relevant.&nbsp; In very limited circumstances, courts may pierce corporate veils especially if the second entity was created merely to dodge creditors and to void warranty claims.&nbsp; But that remains to be seen, and SEGS hasn&#039;t been very forthcoming with facts.&nbsp;&nbsp; So we cannot say with 100% certainty what liability SEGS LLC may have based on the presentation in this thread alone on that point.</p><p><br /></p><p>And even if SEGS LLC would not otherwise have assumed the guarantee, if it cracked the original certified holder and made vague guarantees that all SEGS coins were covered, there are other arguments that potentially come into play.&nbsp; In other words, no one can say with 100% certainty either way what the court will do although we can argue the legal merits of the case all day long.[/QUOTE]</p><p><br /></p>

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