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Losers! Park West Gallery's Motion DENIED!

Nationwide Class Actions Transferred to Washington State

The Honorable Robert S. Lasnik will be the Chief Judge and will preside over at least three of the nationwide class actions lawsuits against the Park West Gallery gang. The remaining three class actions currently pending in Michigan may be moved as well. Time will tell.

You will recall from an earlier Fine Art Registry® article reporting on the unrelenting, arrogant, and clever legal maneuverings of Park West Gallery and its CEO Albert Scaglione that his kingdom of affiliated companies had motioned the United States Judicial Panel on Multi District Litigation for consolidation of all the class action litigation filed against Park West Gallery to a forum more convenient and favored by Park West Gallery - the Eastern District of Michigan. In the past, Park West Gallery attempted through its long time Florida law firm, Coffey Burlington and specifically (Robert Burlington) to move the Washington class action to Florida, where the playing field for victims isn't so level. These plans were also thwarted by Judge Lasnik.

On August 11, 2009, the United States Judicial Panel ruled that the losers, Park West Gallery and its CEO Scaglione, are stuck litigating in the Western District of Washington while other cases pending against the gallery are raging on in Michigan. The Park West ploy to put all their eggs in one basket in Michigan has failed and rightly so.

Park West Gallery probably thought that this would be a motion they would win hands down. But the Panel disagreed with Park West Gallery. The Panel's findings and order, in part, are as follows:

"On the basis of the papers filed and the hearing session held, we find that these three actions involve common questions of fact, and that centralization under Section 1407 in the Western District of Washington will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. The actions share allegations that defendants operated a fraudulent scheme to sell fake, worthless, or low-value artwork at shipboard auctions or in private sales through the use of phony appraisals and/or other sales-related documentation. Centralization under Section 1407 will eliminate duplicative discovery, prevent inconsistent pretrial rulings (including with respect to class certification and the extraterritorial reach, if any, of RICO and state consumer protection statutes), and conserve the resources of the parties, their counsel and the judiciary.

We conclude that the Western District of Washington is an appropriate transferee district for pretrial proceedings in this docket. The Blackman action is measurably more advanced than the action pending in the Eastern District of Michigan, the forum favored by moving defendants. In addition, Chief Judge Robert S. Lasnik, who is already presiding over Blackman, has the time and experience to steer these actions on a prudent course.

IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, the actions listed on Schedule A and pending outside the Western District of Washington are transferred to the Western District of Washington and, with the consent of that court, assigned to the Honorable Robert S. Lasnik for coordinated or consolidated pretrial proceedings with the action pending in that district and listed on Schedule A."

Read the entire order from the United States Judicial Panel.


Park West Gallery's Motion DENIED! Nationwide Class Actions Transferred to Washington State

More lawsuits are on the horizon and will be filed soon against Park West Gallery, its empire of companies and its CEO Albert Scaglione. Also, there will be the debut of the first lawsuit filed in Michigan against Park West Gallery's dime-store Dali "detective", Bernie Ewell. There's so much happening on the litigation front these days, it's difficult to keep up. But FAR® will continue to keep you updated as it all unfolds.


By Fine Art Registry®   |   August 31, 2009  |   Discuss Story on FAR® Forum   |   Print   |  

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