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Ask David C. Garner Your Own Question
David C. Garner
David C. Garner, Attorney
Category: Legal
Satisfied Customers: 977
Experience:  JD with Distinction, Admitted to practice in California
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Aloha from Honolulu. After volunteering months with a

Customer Question

Aloha from Honolulu. After volunteering for several months with a presidential campaign, I was awarded a $9,000 sponsorship to attend the Republican National Convention for two weeks. The sponsorship got canceled because the local GOP organization refused to issue me the necessary guest pass; and my sponsor didn't want me going to Cleveland unable to take advantage of the once-in-a-lifetime opportunity for professional advancement, networking, sightseeing, etc. Following an appeal, the General Counsel of the Republican National Committee ruled in my favor because local GOP officials violated clear and longstanding national and state party rules concerning issuance of guest passes. Shortly thereafter, the top local party official confirmed to the media that I should have been issued a guest pass. But those rulings and admissions came to late to salvage my $9,000 sponsorship. Now, I conservatively calculate it would cost me 10-20 times that cost to travel and 're-create' the experiences which were concentrated in Cleveland. Would you kindly tell me if I have a case, what kind of case this is, and who in Hawaii could represent me? Thanks in advance.
Submitted: 5 months ago.
Category: Legal
Expert:  David C. Garner replied 5 months ago.

Hello,

Don't shoot the messenger. We try hard.

I do not believe you have a case. Essentially you would be suing them for failing to make a gift. Since you were volunteering you would not be able to suggest this was pay or compensation for your services. As such there was no consideration on your part for the gift, and thus it could be revoked at their discretion. Your inability to get credentials would be a valid reason to revoke the gift. In as much as you don't have a right to any of those things, likely can't show damages you suffered in not going, and your "experiences" would have been highly speculative, there is likely no case here.

I hope this helps.

DCG

Customer: replied 5 months ago.
Thanks for the speedy reply. Sorry for the confusion. My issue is NOT with the sponsor. They were rightfully concerned that I would be stranded in Cleveland. My issue is with the state party officials who knowingly broke national party rules in order to deny me the credentials -- receipt of which my sponsorship was contingent. There's no speculation about the experiences. Hundreds of guest speakers, more than a dozen concerts and special events. All denied due to failure of state party officials charged with the responsibility of following their own (and national party) rules. The RNC ruled that I was obligated to receive credentials, but the ruling came too late to salvage my sponsorship. My issue is with local party officials who lost me the $9,000 sponsorship, which will cost me many times that to even partially replicate the experiences.
Expert:  David C. Garner replied 5 months ago.

Hello,

I agree that it would have been neat, but a die-hard democrat would probably say it was worthless. That's the problem with valuation - who decides, and that's why things like that are not recoverable.

That said, as far as the credentials, they too are a gift. Unless you can show that they were payment for your services, the fact that they broke their own rules in awarding them is of no moment. They simply failed to follow their own rules in awarding a gift and I don't think that is actionable. Put another way, I don't think you can show that you had a right to the credentials, only an expectancy, a hope.

Further, you can't show you were out any money in not going. You might have had a great time, but you might also have been killed in a plane crash and to that extent, they saved your life.

I know you are disappointed, but I don't think you have a case here.

I hope this helps.

DCG

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