the consequences of misfeasance

[kingjammy24]

for all those who believe that "an opinion is just an opinion":
http://news.yahoo.com/s/ap/20070724/ap_on_re_us/wrongful_birth

whether or not it's ultimately an opinion doesn't negate the fact that the professional offering it is required to do their due diligence.

like actually looking at a roster of the 2005 yankees before declaring that cano was the only one to wear #14. not a $21 million judgement but it'd be a pretty easy lawsuit for that buyer.

rudy.

[aeneas01]

let's see....

dr. boris kousseff
board certfied medical doctor
expertise in clinical genetics and pediactrics
regional genetic program
departments of genetics and pediatrics
university of south florida, school of medicine, tampa

professional opinion example: a patient with prader-labhart-willi syndrome (plws) was found to have mosaic partial trisomy 15: 46,XY/47,XY,+ del(15) (pterhttp://www3.interscience.wiley.com/giflibrary/12/rarr.gifq1.38 ) in both lymphocytes and fibroblasts. thus, another novel aberration is added to the spectrum of chromosome abnormalities seen in this syndrome. the spectrum includes deletion of the short arm of chromosome 15, interstitial deletion of 15q1.2, inverted duplication of 15p (tetrasomy 15p), partial trisomy 15 different from that encountered in this patient, and a variety of aberrations involving other chromosomes. a hypothesis that the chromosome aberrations are due to a presumed gene for the plws may have merit and could be tested in the laboratory by exposing chromosomes of patients with PLWS to mutagens to search for secondary chromosome derangements.

mr. authenticator
game used goodies
authentication of such goodies
trade shows, ebay and auction houses

professional opinion example: game used road jersey. player number and mlb logo on back of grey jersey. team name and player number on front. blue and navy twill. all proper tagging. manufacturer tag and size 44 tag on left front. shows nice game use.

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i'm thinkin' that the opinion and degree of expertise of an md just might impress a court (negatively or positively) a little more than that of a non-regulated, non-certified and unlicensed "professional" - but, of course, i've been wrong before!

seriously though, i have to believe that a buyer could easily seek legal recourse if it could be proven that an auction house, based on the faulty opinion of their authenticator, misrepresented an item. but i find it hard to believe that the buyer could expect anything more than what he/she paid for the item plus legal fees - but not punitive damages as in the case you pointed to. and what a very tragic story that was - for all parties involved.

btw, kingjammy24, given your expert eye for game used jerseys, could you please take a look at this vintage game used jets jersey currently on ebay and let me know if all of the wear looks natural/authentic - it would be appreciated! to me it looks like a real beauty and the real deal but, admittedly, i know nothing jerseys...

http://cgi.ebay.com/1960s-Game-Used-AFL-New-York-Jets-Durene-Jersey_W0QQitemZ220133413574QQihZ012QQcategoryZ868 29QQrdZ1QQcmdZViewItem

[Jags Fan Dan]

On the Jets jersey, I can only say that the seller, Sports Investments, is a well-respected, big company in this area for sports memorabilia. They have an actual store. I have never dealt with them, but their owner has a weekly talk show on the local sports radio station here.

[cohibasmoker]

Hey guys, this is America. Whether a lawsuit is legitimate or not is not the issue. The true issues are whether or not the plaintiff has the time and the financial resources to pursue the case.

Let’s say, a suit is filed for a so-called "questionable" sports jersey. During the civil trial, the plaintiff would have to prove 2 points. First, the authenticator was incorrect in his evaluation. Second, that the plaintiff was “harmed” and the plaintiff then suffered significant “loss” due to the negligence of the authenticator. How much harm or loss could be proven when the item involves a sports jersey?

Let’s say the plaintiff actually wins the trial and the plaintiff is then awarded significant monetary damages. I doubt this would happen but let's say this did happen. Trust me, there would be an appeal. Most appeals take at least a year. If the appeal is upheld, there will probably be yet another process to actually recoup the money that was awarded. The O.J. case is just one shinning example.

Another example is the Rodney King case. Most people don’t know this but after all of the legal proceedings were over, Rodney actually walked away with $1.00. You read right - $1.00. All of the other money he was awarded was paid out to his attorney's and associated fees.

So there you have it. Our American Court System at work.

[both-teams-played-hard]

On the Jets jersey, I can only say that the seller, Sports Investments, is a well-respected, big company in this area for sports memorabilia. They have an actual store. I have never dealt with them, but their owner has a weekly talk show on the local sports radio station here.

From the photos, the Jets jersey looks good. Repair marks look legitimate. If you start a thread about this jersey, maybe some lifelong Jets fans will respond (maybe Barry M.)

[kingjammy24]

my point, ultimately, was simply that if you're being paid for your opinions, then they're not "just opinions". contrary to what some have said in the past, simply because this is a cottage industry doesn't absolve a professional authenticator of the legal requirement to perform due diligence. a doctor can't defend a lack of due diligence by saying "it's just an opinion" any more than a professional authenticator. whether you're an authenticator or a surgeon, the concept of non/mis/malfeasance applies equally.

aeneas: i know as much about football jerseys as you. for the jets jersey, there are opinions on this forum far more valuable than mine.

rudy.