Class Action Over Canceled Magic: The Gathering ‘War of the Spark Mythic Edition’ Sales Bumped to Georgia Federal Court [UPDATE]
Last Updated on March 17, 2021
Erler v. Hasbro, Inc. et al
Filed: June 11, 2019 ◆§ 1:19cv2658
The canceled sale of a limited edition Magic: The Gathering card set on eBay is the subject of a 28 plaintiff-deep class action that now resides in Georgia district court.
Case Updates
March 17, 2021 – Case Dismissed for Good
Hasbro has defeated the proposed class action detailed on this page for good as a judge earlier this month thwarted an attempt by the plaintiff to revive the case.
In a four-page order denying the plaintiff’s motion for reconsideration of the suit, U.S. District Judge Amy Totenberg wrote the plaintiffs failed to satisfy the “limited grounds” on which reconsideration of a dismissed case is appropriate.
“Plaintiffs have not cited to any newly discovered evidence, changes in the controlling law, or even argued that their Motion is intended to correct a clear error of fact or law,” the judge wrote.
In sum, Judge Totenberg said, the plaintiff’s motion for reconsideration amounted to a “repackaging” of previously made arguments in an effort to “convince the Court to change its mind.”
January 26, 2021 – Lawsuit Dismissed
The proposed class action detailed on this page was dismissed with prejudice on December 11, 2020.
In a 30-page order granting Hasbro and Wizards of the Coast’s motion to dismiss the case, United States District Judge Amy Totenberg found that the plaintiffs failed to state a claim for negligent misrepresentation and allege economic injury deriving from their supposed reliance on any false representation by the companies.
“It is undisputed that Plaintiffs received full refunds for their attempted purchases and therefore experienced no ‘out-of-pocket’ losses,” the judge wrote. “This failing further forecloses Plaintiffs’ ability to state a claim for negligent misrepresentation.”
Further, the court found that the listing of the Magic: The Gathering War of the Spark Mythic Edition on eBay’s website did not constitute an offer but was instead an invitation to offer. In posting the sale to the public, the defendants explicitly noted, in both the previous special edition announcement and in the eBay listing, that there existed a limited quantity of the game, the judge wrote.
In all, Judge Totenberg found that no contract or binding agreement was entered into between those who attempted to buy the game and the defendants.
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An amended proposed class action lawsuit filed in May against Magic: The Gathering card game makers Hasbro and Wizards of the Coast has been removed from state to federal court in Georgia.
The case revolves around the collectible Magic: The Gathering “War of the Spark Mythic Edition” card set that was formerly available for sale by Hasbro in its eBay store. According to the plaintiffs, of which 28 are named in the amended lawsuit, proposed class members entered into a binding contract to purchase the special set of Magic: The Gathering cards, and even received written confirmation of their purchases, only to have Hasbro and Wizards of the Coast unilaterally cancel the sales “without legal authority.” Because War of the Spark Mythic was a limited-edition product that’s now sold out, the only option available to proposed class members is to obtain the card set for substantially more than fair market value, the lawsuit says.
“To the extent alleged by Plaintiffs and relevant to the removal sought here, however, the War of the Spark Mythic Edition has been offered for resale by unauthorized third-parties on non-party eBay, Inc. for more than twice the original $249.99 sales price,” the notice of removal reads.
According to the lawsuit, Magic: The Gathering’s War of the Spark Mythic Edition was limited to 12,000 units to be for sale exclusively through Hasbro’s eBay store starting Wednesday, May 1 around 3 P.M. EST. The sale was limited to two sets per person, and it was stressed by the defendants that there would be no reprints of the set once it was sold out.
The case looks to cover all U.S. consumers who had a confirmed purchase of the War of the Spark Mythic set from the defendants’ eBay store and who then had their purchase canceled.
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