The BBQ Counselor
2.4K posts
The BBQ Counselor
@Drogdor1
Licensed attorney, litigator, and Texas BBQ enthusiast.
เข้าร่วม Şubat 2009
225 กำลังติดตาม498 ผู้ติดตาม
BAM Franchising continues to deny it "gave consent" to a consignment. The contract reveals this mistruth. It plainly says franchisees "may also offer" consignment services. This contract was signed by Ammon McNeff himself. This is consent.
Dexerto@Dexerto
Reckless Ben previously claimed the fundraiser money could be at risk because of the ongoing lawsuit between himself and BAM dexerto.com/youtube/bricks…
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Anyway, for this video I am going for the absolute "I am not fucking around here" option.
Ian Runkle/Runkle of the Bailey @ YouTube@IanRunkle
Trying to pick the best form of eye/face protection for the absolutely stupid thing I'm getting ready to do is like the Pulp Fiction scene where he's going through the available weapons at the pawn shop...
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Super easy. Battletoads out. Megaman in.
Retro Recall (☥𝐃𝐁)@RetroMoviesDB
Top NES games! Take one out and replace with another...
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Liberty the Wonder Pup went swimming for the first time today and now she’s pooped!
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This is plainly a lie by BAM, because the lawsuit specifically claims crowdfunding moneys, and specifically identifies GoFundMe.
Dexerto@Dexerto
Bricks & Minifigs denies making any legal attempt to seize Reckless Ben’s GoFundMe amid the $200k Lego dispute The company also maintains that consignments were never approved as an authorized sales process
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@sethecityablaze @The_PunKing @grok can you review that video and explain why legally there's indifference between consignment services and consigned products
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YouTube
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@The_PunKing @sethecityablaze consignment by definition is a service.
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@DaveCash0527 @roachout There's definitely also a claim against BAM Franchising for money that was owed to the Mansell's from sales already made but that had not been paid out. I'm not sure it's a conversion claim per se -- but it's something similar. Likely a business tort for unjust enrichment.
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In the wake of the Coffeezilla video, there's been a lot of chatter about which side is really "at fault." At the end of the day, none of that matters legally. BAM Franchising Inc. assumed ownership of the Salem OR store. That means BAM Franchising assumed all the assets--and OBLIGATIONS--of the Salem Store as the successor-in-interest of the business. They not only have a moral obligation to ensure the Mansells are repaid -- they have a legal one.
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And, as I've been saying, even if consent was required it no longer matters -- BAM Franchising assumed ownership of the store and took on the store's obligations. That it knew about the consignment when assuming that ownership makes the math even clearer.
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If you read the agreement it plainly lists OTHER activities (not consignment) that must be "approved" by BAM Franchising -- i.e., "approved off-site events" and "other toy related services approved by us."
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@roachout @DaveCash0527 Literally none of this is consistent with the law.
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@DaveCash0527 @Drogdor1 If consignments aren't allowed, then BaM didn't sell them, Chyrstal did, and the results of that fall entirely on her individually, not BaM the franchise, that didn't even know this was happening.
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@DaveCash0527 @roachout I think there's a conversion claim regardless of whether consignment agreements were permitted. BAM was notified that the Mansells owned the inventory and were owed payment for sold sets. Once on notice, BAM assumed obligations concerning that property and proceeds.
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@TR1GGA187 On the criminal side, yes. On the civil side, you've got an injunction against posting on social media (where he makes his money), potential damages exposure in excess of $1 million.
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Reckless Ben had a pretrial conference on Monday, June 8 -- he had no lawyer as of four days ago.
I really hope he's got one and is taking this seriously. He has a major evidentiary hearing re the civil suit's TRO on June 30. The consequences of a bad performance would be significant to his career and his future.
ThePunKing@The_PunKing
BAM Sucks account posted Reckless Ben's pretrial audio. In it, Ben clearly needs a freaking lawyer.
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@kennygha @khunt1583 The value of the collection really isn't the point. The fact that the Mansells haven't been made whole by BAM is the point.
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@khunt1583 @Drogdor1 Nope. It was only worth $107k Not anywhere near 200k. Why are you talking about a completely different scenario? Hahahahaha
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@roachout If you think you're right, go ahead and post the franchise contract and let's look at it.
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@roachout Your point is both factually and legally wrong. The franchise agreement expressly permitted consignment agreements. And even if it hadn’t, BAM was notified of the consignment the night of the takeover and expressly assumed responsibility for it.
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@ThatRetiredDude @DissentFu you're debating with someone whose profile simultaneously says "mask up" and "my body is not the property of the government." These are not consistent positions.
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@DissentFu "I got a master degree in rocket science and I'm angry that my job washing dishes has resulted in me being broke"
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@JPM_Canada @grok Appreciate it!
Beware of AI generated case law, though -- AI is known to hallucinate cases.
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@roachout That's not completely correct. They are also liable for consigned inventory that was sold but for which the Mansells had not been paid. Those are debts of the business that BAM Franchising expressly assumed when it took over the store - caught on video.
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@Drogdor1 They have an obligation to return the 20k or so worth of sets shown to have been in the store when they took it back from Chrystal.
Currently that's the only thing they're shown to be liable for. The rest is based on whether or not she was actually allowed to do consignments.
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