Barrett-Jackson Sues to Halt Defamation | FerrariChat

Barrett-Jackson Sues to Halt Defamation

Discussion in 'General Automotive Discussion' started by Robbie Sherwood, Mar 16, 2007.

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  1. Robbie Sherwood

    Feb 19, 2007
    3
    (There had been some previous discussion on this board regarding some false and defamatory rumors aimed at the Barrett-Jackson auto auction. I wanted to post this press release that came out this morning that is related to that matter).


    BARRETT-JACKSON SUES TO HALT DEFAMATION

    SCOTTSDALE, ARIZ. MARCH 16, 2007 - Late yesterday Barrett-Jackson Auction Co. LLC filed suit in U.S. District Court in relation to a situation that occurred at the company’s January 2007 Scottsdale event. A consignor, apparently unhappy with the $300,000 sale price of his vehicle, placed chains and locks on the vehicle after it crossed the auction block and was sold, while it sat in the area where featured auction cars were displayed. He posted multiple notices on the vehicle claiming that the sale was void due to claimed "auction irregularities," and published other false and defamatory statements about Barrett-Jackson in view of the company’s customers and the thousands of patrons attending the event. Barrett-Jackson’s internal legal and security teams, and the Scottsdale Police Department, responded to the incident and documented the damage.
    An ongoing internet smear campaign has stemmed from this seller dispute, with numerous defamatory rumors and untrue statements being published to websites and online chat rooms viewed by the company’s core customer base. In particular, an untrue, derogatory and defamatory “article” referring to the above incident has made its way onto more than 20 automotive-related online “blogs” and discussion boards frequented by thousands of classic car enthusiasts around the world.
    Barrett-Jackson filed its lawsuit in order to protect its 36-year reputation and business interests by seeking to correct the untrue information that has been published, and by filing suit against the responsible party on six separate counts, including defamation and breach of contract.
    Barrett-Jackson constantly strives to maintain the utmost ethical standards in all the company’s operations and activities. The company recognizes that not every customer will be happy with the result of every auction sale, and the Barrett-Jackson team values thoughtful, well-informed feedback. However, Barrett-Jackson takes the company’s business reputation very seriously, and will do whatever is necessary to defend against unfounded claims.
    Copies of the lawsuit can be obtained by contacting the clerk of the U.S. District Court in Phoenix or at www.azd.uscourts.gov.
    About The Barrett-Jackson Auction Company:
    Established in 1971 and headquartered in Scottsdale, Ariz., Barrett-Jackson specializes in providing products and services to classic and collector car owners, astute collectors and automotive enthusiasts around the world. The company produces the “World’s Greatest Collector Car Events” in Scottsdale and Palm Beach, Fla. For more information, visit www.barrett-jackson.com.
    Media Contact:
    Robbie Sherwood for Barrett-Jackson
    ________________________________________
    email: [email protected]
    phone: 480.246.7944
    web: http://www.roseandallynpr.com
     
  2. Kds

    Kds F1 World Champ

    HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHHAAHAH !!!!!!!!!!!!!!!!!!!!!!!!!

    A preemptive first strike in the battle to come............having been in automotive retail for almost 20 years I can tell you clients don't do stuff like this unless they are pissed and with good reason.
     
  3. dm_n_stuff

    dm_n_stuff Four Time F1 World Champ
    Lifetime Rossa Owner

    Let's wait and see which can of worms is the worst one that's opened here.

    Discovery by the defendants could get very interesting.

    If B-J is claiming defamation, wouldn't any and all prior auction sales come under question? Couldn't the defendant claim a need to look at these transactions, particularly some of the other ones that have been questioned, and give the world an insider look at the goings on at B-J? Not to mention ex-employees, Keith Martin and others.

    I certainly understand B-J's desire to protect their reputation, I'm just not sure this is the way to go about it.

    DM
     
  4. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,874
    Sorry, I'm not more familiar with this case, but can someone provide the details of the defendant's argument(s)? I know that Keith Martin was ejected from B-J. Does this have something to do with it?

    Personally, I am not too enthusiastic about auctions, in general, and B-J, in particular. However, I could see how B-J, given their alleged behavior would very aggressively want to go after anyone trying to bring their shenanigans to light. B-J seems, to me, to be a bunch of goofballs that have been fairly successful at manipulating the process. They have a lot to lose if their auctions were challenged and shown to be the purely entertainment events that they are.

    CW
     
  5. djui5

    djui5 F1 Veteran

    Aug 9, 2006
    5,418
    Phoenix, Arizona
    This should be fun!
     
  6. dm_n_stuff

    dm_n_stuff Four Time F1 World Champ
    Lifetime Rossa Owner

    start here...

    http://www.ferrarichat.com/forum/showthread.php?t=135825

    I'm sure there are a couple of other threads here containing more info. Had to do with a sellor thinking he got short shifted at the block at BJ this year. Claimed he had knowledge of bidders who got ignored by the auctioneer on his car. I don't recall any of the specifics.

    I don't think this has anything to do with Martin.
     
  7. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,874
    Thanks.

    Long, but interesting, read. I do recall that thread, but lost interest after several pages. It has grown exponentially since I last had a look!

    VERY difficult to prove shill or chandelier bidding, of course. There might also be privately-negotiated side deals involved. Harder to prove a conspiracy theory.

    However, the defense to defamation (libel or slander) is the truth. If it's true, then B'J's suit is a nuisance. But, of course, what would you expect them to do? An innocent party would cry foul all day long. If it goes anywhere, it's really going to get messy. Moreover, once discovery takes place it will depend on whether the deponents tell the truth, the parties provide truthful responses to the interrogatories and all evidence is proffered. Good luck. There are many parties that have an incentive to keep the charade going, not the least of which is the avoidance of possible jail time, a class civil action against B-J and the possible unwinding of thousands of asset sales. WOW!

    This is why prosecutors look for a rat, btw. If you can get an insider to roll over on the other co-defendants, they might actually get some insight and evidence to support the allegations. Without it, of course, it's just "my word against your word", but the testimony can easily be challenged as "bought". Impossibly complex to sort out, but a very simple case. Thus the reluctance to let small time insider traders walk for their offenses. Usually, if the prosecution catches the small fish, they'll roll on the big ones. So, never let the small fish off the hook!

    CW
     
  8. labcars

    labcars Formula 3
    Rossa Subscribed

    Jan 22, 2003
    1,589
    Phila. + Scottsdale
  9. dm_n_stuff

    dm_n_stuff Four Time F1 World Champ
    Lifetime Rossa Owner

    #9 dm_n_stuff, Mar 17, 2007
    Last edited by a moderator: Sep 7, 2017
  10. MurcieMurcie

    MurcieMurcie F1 Rookie

    Jan 31, 2004
    3,100
    I am always leary of a salesman that gets me to agree on a price then cheers me on to pay even more.....
     
  11. Jack-the-lad

    Jack-the-lad Six Time F1 World Champ
    Silver Subscribed

    Jun 22, 2004
    69,414
    Moot Pointe
    I hope discovery opens up all of BJ's financial records as well as bidders and consignors lists. I wonder how many of the "internet" and "telephone" bidders are legit. Seriously, I can't imagine ever buying or selling a car at auction.....not just BJ, any auction. I guess if I had thorough prior knowledge of a particular car I might bid on it. Ontherwise, no way.

    Jack
     
  12. t walgamuth

    t walgamuth Formula Junior

    Mar 13, 2005
    850
    jay leno writes a column in a british mag called octane (i think). this month he wrote about all the things people say he is or has done.

    he told of a friend who was watching an auction on tv and the auctioneer said that jay had just bid on a particular car. his friend was saying "why are you bidding on that car?"....and jay was saying "i'm NOT!".

    his friend didn't want to believe jay. (after all it WAS on tv).

    think maybe it was bj? i don't think jay said.

    i bet he would testify too. he seems pretty straight up.

    tom w
     
  13. lotustt

    lotustt Formula 3

    Aug 28, 2002
    2,026
    Full Name:
    TRM
    that was barret, i remember the announcer saying it was jay leno or someone representing jay.
     
  14. ferraripete

    ferraripete F1 World Champ

    if there is really a discovery process (i doubt there will be), be rest assured that bj is well underway in the house cleaning process.

    like it or not, bj is the auto auction version of a wall street pump and dump business model!!!
     
  15. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,874
    But, Pete, it's illegal to purge the files! But, then again, why let destroying some pesky evidence interfere with things!

    Ha! Craig Jackson! What a tool!

    CW
     
  16. ferraripete

    ferraripete F1 World Champ

    a tool indeed! i'm with you my friend.
     
  17. Jack-the-lad

    Jack-the-lad Six Time F1 World Champ
    Silver Subscribed

    Jun 22, 2004
    69,414
    Moot Pointe
    I'll bet a Craig Jackson-signed BJ t-shirt (XXL) that there will be a settlement...

    Jack
     
  18. Peloton25

    Peloton25 F1 Veteran

    Jan 24, 2004
    7,645
    California, USA
    Full Name:
    Erik
    This is really kinda sad. I guess it will be entertaining watching the mighty fall...

    The love for cars is supposed to be about passion, power, speed, and that emotional bond with a car that just looks right to you. These people are really ruining the market more than they could ever hope help it. I'll feel bad for the little guys who got sucked into it while pursuing their passions, but probably not for much else.

    >8^)
    ER
     
  19. pastmaster

    pastmaster Formula Junior

    Feb 5, 2006
    890
    Alma, Michigan USA
    This was in the Detroit News, March 18, 2007, about the $300,000. Lawsuit against Barret-Jackson.

    From my understanding after reading the article, the Plaintiff, Dave Clabuesch, who owned the HEMI CUDA Ramcharger, that was ram-rodded through the Auction, is himself a Real-Life JUDGE!!!

    Grab a seat by the front row folks, if true, this is gonna be something special! Here is the link;

    http://www.detnews.com/apps/pbcs.dll/article?AID=/20070318/UPDATE/703180358/1148/AUTO01

    Ciao...Paolo
     
  20. henryr

    henryr Two Time F1 World Champ
    Silver Subscribed

    Nov 10, 2003
    21,689
    Atlanta
    Full Name:
    Juan Sánchez Villa-L
    look for this to be swept under the table.........
     
  21. No Doubt

    No Doubt Seven Time F1 World Champ

    May 21, 2005
    72,740
    Vegas+Alabama
    Full Name:
    Mr. Sideways
    Purging records won't do BJ the least bit of good. The GM Futureliner auction is recorded...and was played out on live TV to a $4.1 Million gavel-close when there was no $4.1 Million bidder, no $4 Million bidder, no $3.9 Million Dollar bidder (BJ had to chase down the "losing" $3.8 Million bidder).

    Well, purge your records all day long, but in court BJ won't be able to produce the $4.1M, $4M and $3.9M bidders.

    Game Over. Shill bids are thereby proven.

    And that's just one of *many* reasons why BJ has been given bad legal advice to go sue the judge.

    Another is that the judge may be able to produce witnesses from the BJ auction who say that their bids for the Hemi-Cuda were ignored.

    Again, that's "Game Over" for BJ. Short-gaveling the hemi-cuda is thereby proven.

    But wait, it gets worse.

    Even if BJ wins its court case (it has a very good case that it was defamed and that someone interfered with the auction Buyer's winning purchase of the hemi-cuda), BJ still *loses* its business because the judge is going to call monied bidders in to court to testify as witnesses.

    Well, watch what happens at the BJ auction in Florida at the end of this month as monied bidders begin to figure out that going to a BJ auction may get them hauled into court as witnesses.

    Rich people are going to avoid that auction in order to avoid the chance of being dragged/drug into court.

    Again, that's "Game Over" for BJ. Can't have much of an elite auction without monied bidders.

    So from every angle, BJ stands to lose millions (or worse) from hauling the judge into court over a $300,000 car. It's potentially the worst legal advice given out since Saddam Hussein was told that he'd still be in Office after Bush was long gone if he would just ignore the U.S. ultimatum.

    Sometimes idiots wear suits and get paid big bucks...even so, they can still cost you your business or life.
     
  22. ferraripete

    ferraripete F1 World Champ

    this is interesting news...i like your position on this...i agree.

    the wheels come off if this is elevated to the speedtv level. i'm sure there are contractural provisions to sevre relationships. bj has become such a joke to me...this may actually make me pay attention again.

    why did the clown from bj see to it to post this all here? what a fool.
     
  23. jm3

    jm3 F1 Rookie

    Oct 3, 2002
    4,364
    United States
    Full Name:
    JM3
    My advice: You should have quietly given this guy his 600 or 700 or whatever. By the time this is all over, you're gonna wish you had kept your publicity hole shut.

    I'll give you $301K for that car right now, and I can find someone to give you $302K, and so on.

    JM
     
  24. 62 250 GTO

    62 250 GTO F1 Veteran

    Jan 9, 2004
    7,765
    Nova Scotia Canada
    Full Name:
    Neil
    So you're suing him for slamming you but you can slam him on every internet board you can find?

    NICE!
     
  25. 62 250 GTO

    62 250 GTO F1 Veteran

    Jan 9, 2004
    7,765
    Nova Scotia Canada
    Full Name:
    Neil
    HAHAHAHAHAHA!

    Double NICE!
     

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