June 2015 – Gerald Swann Receives Summary Judgment in Federal Court Case Involving Rare Coins

The United States District Court for the Northern District of Alabama recently entered an Order granting America’s Value Channel, Inc.’s Motion for Summary Judgment on June 10, 2015. America’s Value Channel was represented by Attorney Gerald C. Swann, Jr.

This action arose out of a series of transactions and dealings between the plaintiffs and a codefendant. The plaintiffs are dealers in rare coins. The plaintiffs entered into an agreement with codefendant whereby they would deliver possession of certain coins which he would then advertise for sale on shows aired on America’s Value Channel. A separate agreement with America’s Value Channel and the codefendant was entered into for airtime to televise coin shows and offering coins for sale to the general public. The evidence presented established at no point in time did America’s Value Channel participate in the initial agreements between the plaintiffs and the codefendant. A dispute arose between the plaintiffs and codefendant when proceeds for the sale of the plaintiffs’ property were not remitted. The plaintiffs sought recovery for breach of contract, conversion, detinue, and unjust enrichment. Insofar as the plaintiffs’ claims against AVC were premised on a theory of apparent authority and/or partnership, the Court analyzed both Alabama and Georgia law. The evidence established the plaintiffs dealt exclusively with codefendant and not AVC, and pursuant to applicable authority, there was insufficient evidence to establish any apparent agency, and therefore, summary judgment was appropriate as to all claims.

The Court’s Order of June 10, 2015 was an adoption of a magistrate judge’s recommendation of March 31, 2015.