QUOTE(bebrewer1 @ Nov 16 2006, 07:11 PM)

Actually, you can show losses for what you could have sold the unit for on eBay. Print out the final price on 10-15 auctions and take to court with you. You can't get a form letter in response to a court summons. Someone from corporate legal would have to show up and talk to the judge.
First of all, if he shows up in court with that argument, there does not need to be a defense. The judge would simply toss it out. Furthermore, it is more likely that they would defend by affadavit so that they dont need to cover the expenses of travelling to the venue.
Also, you are going to have a hard time proving a loss on money that "might possibly" have been earned. Its not like lost wages where you were almost certainly going to be making money. Besides, I am sure their pre-order policy lets them screw you over to the end of the earth and back. Ever seen a pre-order policy? Any service contract? An extended warranty? They are always weighted so heavily to the company that they can basically do whatever they want and you cannot do anything about it.