🤑 Should trading cards be considered a form of gambling? - Chicago Tribune

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Are baseball, Pokemon and other types of trading cards a way for kids to of numerous lawsuits filed against Topps and other card companies.


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Pinnacle is a leading manufacturer of sports trading cards, especially football, baseball, hockey and motor sports cards. of its chase cards comprises all the elements of illegal gambling: (1) consideration (“persons must Upper Deck, a similar class action against a different card manufacturer, and analyzed the laws of.


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Pinnacle is a leading manufacturer of sports trading cards, especially football, baseball, hockey and motor sports cards. of its chase cards comprises all the elements of illegal gambling: (1) consideration (“persons must Upper Deck, a similar class action against a different card manufacturer, and analyzed the laws of.


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some lawsuit over baseball cards or something though I could never find any it to say plaintiffs in this case were relying on the "trading cards are gambling".


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some lawsuit over baseball cards or something though I could never find any it to say plaintiffs in this case were relying on the "trading cards are gambling".


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Id. The term "trading card" as opposed to "baseball card" is used throughout this Cards Constitute Illegal Gambling Enterprise, 11 ANDREWS SPORTS & ENT. REP who sued Poktmon card manufacturers alleging cards "are used in a card​.


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For this reason, the Court views defendant's motion to dismiss the Civil RICO cause of action as a motion to reconsider its earlier order, and will apply the clear error standard of review. The label then lists various types of cards and the odds of receiving one of the cards in that particular package. Hartford Ins. A claim can only be dismissed with prejudice if "it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief" Conley v. To state a cause of action under RICO, plaintiffs must establish that defendant engaged in a pattern of racketeering activity which has injured them in their business or property. Collateral estoppel is not appropriate in the instant case because the defendants are different companies and it has not been demonstrated that Pinnacle's alleged conduct is identical to Upper Deck's. Moreover, plaintiffs in this action have filed an amended complaint alleging that they paid consideration for the chance of winning a valuable chase card. While there may be some overlap between these two classes, there are certainly people who have purchased cards from one manufacturer without purchasing any from the other manufacturer. Similarly, People v. Second, not all of the plaintiffs in this action are identical or in privity with plaintiffs in the Pinnacle action. The court need not, however, accept every allegation in the complaint as true; rather, the court "will examine whether conclusory allegations follow from the description of facts as alleged by the plaintiff. Section 10 , defines an illegal lottery as:. The amended complaint alleges that the packaging and distribution of Upper Deck's sports and entertainment cards constitutes a gambling activity. Plaintiffs Marty Schwartz and Patricia Sullivan, both in her individual capacity and as guardian ad litem for Scan Sullivan, are not plaintiffs in the Pinnacle action. Bernhard v. In addition to the instant case, groups of plaintiffs have filed four other class actions against other manufacturers of sports trading cards who place "chase" cards in their packages of trading cards. Plaintiffs argue that Upper Deck's distribution of "chase cards" satisfies the three elements of a lottery: chance, consideration, and prize. The consideration is the portion of the purchase price of a package of cards paid for the chance of obtaining a "chase" card. Defendant has now filed a motion to dismiss the FAC with prejudice, or in the alternative, to stay the proceedings. This is clearly not true. Defendant argues that this Court is bound by the Texas district court's ruling due to the bar of collateral estoppel. In Valentin v.{/INSERTKEYS}{/PARAGRAPH} This is a civil RICO class action against the manufacturer and marketer of packaged sports and entertainment trading cards for allegedly organizing and participating in a pattern of racketeering activity through the distribution of its trading cards. In People v. First, this court's ruling on March 11, predates the ruling from the court in Texas on April 2, Since this Court reached its decision prior to the Texas court's decision, collateral estoppel cannot be used to retroactively overrule a prior order of this Court. Defendant makes the blanket statement that the "community of interest" between the non-party and the party plaintiffs justifies the court's application of collateral estoppel against the non-party plaintiffs. The New York Court of Appeals held that this was an illegal lottery because consideration was paid, in part, to buy the cigars, and in part, to obtain the cigar bands that made one eligible to participate in the lottery. The Texas court applied Texas law. This issue was previously addressed in the Court's March 11, Order. Instead, on the back of the package, in very small print, it states that the package "contains a random assortment" of numbered trading cards regarding one specific sport or subject such as football or basketball. Symington, 51 F. Young, F. Certain limited edition autographed cards such as those of Michael Jordan and Joe Montana are worth hundreds of dollars. The odds of receiving a chase card are printed on the back of the package of trading cards and can reach for certain autographed cards. The court found the element of consideration lacking because plaintiffs received exactly what they paid for a random selection of trading cards. The chance is the probability that a "chase" card might be contained in one of the packages. The Court may depart from its earlier holding if it finds that its earlier decision was clearly erroneous. This is somewhat analogous to scratch-off lottery tickets that can be purchased in most convenience stores. As plaintiffs point out, just because a class action is brought against one automobile manufacturer for fraudulent conduct does not mean that a class bringing an action against a different automobile manufacturer for similar fraudulent conduct would be barred by collateral estoppel. A motion to dismiss for failure to state a claim pursuant to Fed. Lavin, N. The three requirements for collateral estoppel are: 1 that the issue decided in the prior adjudication was identical with the one presented in the present action; 2 that the decision in the first action was a decision on the merits; and 3 that the party against whom the plea is asserted was a party or in privity with the party to the prior adjudication. Granted, a package of baseball cards contains other cards with some value, whereas a scratch-off lottery ticket has no value unless it is a winner. The closest guesses would receive cash prizes. Kaplan, F. See Sedima v. Price v. Runge, 3 N. Moreover, the class of plaintiffs in this action is clearly different from the class in the Pinnacle action. Plaintiffs allege that they purchased packages of Upper Deck trading cards for the chance of obtaining a chase card which has a readily ascertainable value in the secondary market. The Pinnacle action is brought on behalf of all purchasers of Pinnacle trading cards, and this action is brought on behalf of all purchasers of Upper Deck trading cards. The prize is the chase card itself with an immediately ascertainable value in the secondary market. The court held that because there was such a strong community of interest between the patrolmen and sergeants and because the patrolmen class had adequately represented the sergeants, the sergeants were collaterally estopped from litigating issues which had been litigated in the previous suit. The FAC alleges claims for violation of 18 U. The package also provides that "randomly inserted into these specially marked packages are the following insert cards. See FAC, Ex. Before the movie, the theater owners would spin a wheel on stage to determine which ticket holder won the prize. RICO, in pertinent part, defines "racketeering activity," as "any act or threat involving Therefore, the issue is whether defendant's conduct constitutes illegal gambling under New York or New Jersey law. This court must accept as true all material allegations in the complaint, as well as reasonable inferences to be drawn from them, and must construe the complaint in the light most favorable to plaintiff. The New Jersey definition of illegal lottery is identical to New York's definition, and has the same basic three elements of chance, consideration and prize. For these reasons, collateral estoppel does not bar plaintiffs in the instant action from proceeding with their claims against Upper Deck. Miller, N. The plaintiffs are a class of individuals who bring this action on behalf of those similarly situated who have purchased Upper Deck's trading cards. The Texas court held that plaintiffs failed to state a claim upon which relief could be granted because Pinnacle's manufacture and sale of trading cards did not constitute illegal gambling. The defendant has filed a 12 b 6 motion to dismiss for failure to state a claim upon which relief may be granted, or if the motion to dismiss is denied, a motion to stay the proceedings pending the resolution of an appeal of a similar action in Texas. Bank of America, N. Their value is readily ascertainable in Beckett's monthly trading card magazine or other similar publications. Upper Deck manufactures cards, packages them in a sealed wrapping, and distributes them to retailers across the country. The addition of this allegation in plaintiffs' amended complaint in this action makes the issue before this Court sufficiently different from that in front of the Texas court to prevent the application of collateral estoppel. Customers purchase the cards, scratch them off, and then can cash in winning tickets. As long as plaintiffs allege that a portion of the purchase price is consideration for the chance of winning a "chase" card, they have adequately alleged a cause of action under civil RICO. Defendant cites Detroit Police Officers Assn. The defendant filed a motion to dismiss the original complaint which the Court granted with leave to amend on March 11, On March 21, , plaintiffs filed a first amended complaint "FAC". Plaintiffs argue that the Court's prior order is the law of the case and cannot be revisited in later motions to dismiss. When someone enters a hobby shop or trading card shop and purchases a package of Upper Deck cards, that person can immediately sell any chase cards he receives to the shopowner for the value quoted in the price guides. Courts in New York have found similar schemes to be illegal gambling. Each package contains a preset number of cards; however, the package does not disclose or describe the specific cards contained therein. It was the failure to make such an allegation that served as the basis for the Texas court's decision. See School Dist. Imrex Co. Nonparties have been found in privity with parties in two instances: 1 when a non-party actually contested the former action or had a proprietary or financial interest in and controlled the prior action i. Pinnacle Brands, Inc. Hagopian, F. The Supreme Court has stated that "when a court decides upon a rule of law, that decision should continue to govern the same issues in subsequent stages in the same case. ACandS, Inc. The New York Court of Appeals held that this constitutes an illegal lottery because the purchase price was paid, in part, for the right to see the movie, and in part, for the chance of winning the prize. {PARAGRAPH}{INSERTKEYS}This matter came on for hearing on defendant's motion to dismiss, or in the alternative to stay the proceedings. Defendant has failed to demonstrate, however, that the non-party plaintiffs either controlled the prior action or that the plaintiffs in the prior action were acting as representatives for them. Plaintiffs argue 1 that although similar, the issue in the Pinnacle action is not identical, and 2 that several of the plaintiffs in this action are different. In this respect, the standard for departing from the law of the case is very similar to the standard for reconsideration of an order or judgment under Fed. This Court has jurisdiction based on 28 U. Defendant, The Upper Deck Company "Upper Deck" is the third largest manufacturer and marketer of sports and entertainment trading cards in the United States with its principal corporate offices in Carlsbad, California. Common cards exist in every package and are worth a few cents each. Both cases are class actions. April 2, hereinafter the "Texas opinion" or "Pinnacle action". NL Industries, Inc.