Author Topic: Punitive damage verdict against Oberlin College “was like a seismic wave moving quickly through the  (Read 2174 times)

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Offline mystery-ak

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Punitive damage verdict against Oberlin College “was like a seismic wave moving quickly through the courtroom”

 
 
Posted by Daniel McGraw      Friday, June 14, 2019 at 7:00am

The view inside the courtroom as the $33 million punitive award was rendered in favor of Gibson’s Bakery.

When the punitive damage jury verdict was read in court yesterday in Gibson’s Bakery v. Oberlin College, it was like a seismic wave moving quickly through the courtroom.

It was that big, bigger than anyone had expected. The added punitive damages was $33,223,500, charged to Oberlin College. That was $33 million in damages added on to the $11.2 million they had already awarded the small business family and its owners as compensatory damages.

The Gibson family was there in full force — with four generations ranging from age 11 to age 90.

more
https://legalinsurrection.com/2019/06/punitive-damage-verdict-against-oberlin-college-was-like-a-seismic-wave-moving-quickly-through-the-courtroom/
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Offline Wingnut

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But it will be more than likely get down closer to the $22.4 million level. Plus, the jury said that the attorneys’ fees that Gibsons’ would have had to pay out of its verdict awards (often at 30% of jury verdict awards), would now have to be paid by Oberlin College. That could be an additional $10 million put on the school’s plate. Judge Miraldi will decide that as well, not any jury.

Oh that would be wonderful!   Hope the Judge does this!
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Offline mystery-ak

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Bill Cipher

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My guess is, the college takes an appeal, and if it looks like the basis for liability is going to be upheld, there will then be negotiations for a settlement that aims to suss out what the eventual knock-down on the damages would be.

Most likely it’ll end up with a settlement covering attorneys fees, some amount of damages, plus a public apology and binding promises not to do anything similar in the future, and to better control what the kiddies do. 

Offline truth_seeker

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Current "prestige"college model:

Rich parents, pay to get their stupid kid into presitgious school.  (Some of family wealth  is in securities, f financialinstitutions).

The kid lies about family ealth to obtain 6 figure loans.


College charges 6 figures, for years of indoctrination. The college pays professors 6 figures, to spread propoganda.

During some future majoor market collapse, the financial institutions will plead for rescue. IOW after fedgov pressures them to forgive student loans, they find themselves in deep poop.

The financial insstitutions will again be too big o faill.
"God must love the common man, he made so many of them.�  Abe Lincoln

Offline Free Vulcan

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Colleges need to learn a harsh lesson that you don't get to organize coordinated harassment against someone based on your sense of self-righteous ideological superiority, without liability.
The Republic is lost.

Offline Sanguine

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My guess is, the college takes an appeal, and if it looks like the basis for liability is going to be upheld, there will then be negotiations for a settlement that aims to suss out what the eventual knock-down on the damages would be.

Most likely it’ll end up with a settlement covering attorneys fees, some amount of damages, plus a public apology and binding promises not to do anything similar in the future, and to better control what the kiddies do.

Just curious - why would the Gipsons be willing to negotiate for less?

Offline Maj. Bill Martin

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It would have been a nightmare to be defense counsel on this case.  The best case themes, etc., may have been ones the College was not willing to use, so you are basically trying a case with one hand tied behind your back.

And of course, you still get all the blame if you lose.

Offline Cyber Liberty

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Just curious - why would the Gipsons be willing to negotiate for less?

Usually it's to get a payout without years of litigation. 
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Offline Maj. Bill Martin

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Just curious - why would the Gipsons be willing to negotiate for less?

Three basic reasons:

1) You could lose on appeal and get bupkis

2)  Because of appeals, it could be 3-4 years before you actually get your money.

3) The appellate process may result in a reduction in the damage award.

So, even though you could theoretically walk away with $40M, you might take $15M.

Offline Sanguine

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Thanks, both of you.  That makes sense.

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Also, in a settlement, the defendant usually agrees to pay up voluntarily, and has made a showing of good faith and the availability of liquid assets. 

However, with a judgment, if the defendant does not voluntarily pay, then the plaintiff must seek to enforce the judgment and compel collection against the defendants assets, which can take a long time, particularly for a well-advised defendant who wants to make things as painful as possible for the plaintiff. 

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Offline Wingnut

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College With $887M Endowment Claims That $33M Settlement for Misconduct Will Hurt Students


As it should.

Past. Present, and future.
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Offline Cyber Liberty

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Also, in a settlement, the defendant usually agrees to pay up voluntarily, and has made a showing of good faith and the availability of liquid assets. 

However, with a judgment, if the defendant does not voluntarily pay, then the plaintiff must seek to enforce the judgment and compel collection against the defendants assets, which can take a long time, particularly for a well-advised defendant who wants to make things as painful as possible for the plaintiff.

Sounds like my X in Family Court.  It's amazing what people can get away with just by ignoring orders.  It costs $$$ to get somebody to obey an order.
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Offline Cyber Liberty

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College With $887M Endowment Claims That $33M Settlement for Misconduct Will Hurt Students
https://www.redstate.com/bonchie/2019/06/14/university-887m-endowment-claims-33m-settlement-misconduct-will-hurt-students/

Would that be the students that mobbed Gibson's?  Eff 'em.
For unvaccinated, we are looking at a winter of severe illness and death — if you’re unvaccinated — for themselves, their families, and the hospitals they’ll soon overwhelm. Sloe Joe Biteme 12/16
I will NOT comply.
 
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Offline Snarknado

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A $5000 student activity fee would cover the costs, no problem. They'd still be cheaper than their east coast counterparts, and how many of them can claim to have put an evil capitalist family out of business? With that kind of street cred, what self-respecting socialist snowflake would want to go anywhere else?
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Offline HoustonSam

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College With $887M Endowment Claims That $33M Settlement for Misconduct Will Hurt Students

Raze the buildings, plow and salt the ground.
James 1:20

Offline IsailedawayfromFR

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Raze the buildings, plow and salt the ground.
I like the way you think.

In olden times it might even include sacking and placing heads on pikes where the buildings had once stood, too.
No punishment, in my opinion, is too great, for the man who can build his greatness upon his country's ruin~  George Washington

Offline HoustonSam

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I like the way you think.

In olden times it might even include sacking and placing heads on pikes where the buildings had once stood, too.

I would be happy seeing them consigned to penury for the remainder of their lives.
James 1:20

Offline IsailedawayfromFR

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I would be happy seeing them consigned to penury for the remainder of their lives.
I would as well; however, sometimes one wishes for bygone times that made a fairly dramatic point....
No punishment, in my opinion, is too great, for the man who can build his greatness upon his country's ruin~  George Washington

Offline roamer_1

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Raze the buildings, plow and salt the ground.

YUP. I heard that.

Offline mountaineer

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Oberlin College President on Bakery Case: ‘This Is Not the Final Outcome’
TOM CICCOTTA
19 Jun 201922

Oberlin College President Carmen Twillie Ambar released a statement to the community on Friday claiming that the college’s legal battle with Gibson’s Bakery is far from over.

Breitbart News reported last week that a jury awarded Gibson’s Bakery a total of $44 million in their defamation lawsuit against Oberlin College. The college, which is now faced with that massive bill, is starting to push back against the verdict.

In an email sent to the Oberlin community on Friday, college president Carmen Twillie Ambar argued that the legal battle is far from over.
Quote
  Dear Members of the Oberlin Community,

By now many of you will have heard about the latest development in the Gibson’s Bakery lawsuit, a jury’s declaration of punitive damages against Oberlin. Let me be absolutely clear: This is not the final outcome. This is, in fact, just one step along the way of what may turn out to be a lengthy and complex legal process. I want to assure you that none of this will sway us from our core values. It will not distract, deter, or materially harm our educational mission, for today’s students or for generations to come.  ...
More at Breitbart
« Last Edit: June 19, 2019, 06:38:55 pm by mountaineer »
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Offline Cyber Liberty

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More legal costs for Oberlies to pay.
For unvaccinated, we are looking at a winter of severe illness and death — if you’re unvaccinated — for themselves, their families, and the hospitals they’ll soon overwhelm. Sloe Joe Biteme 12/16
I will NOT comply.
 
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Offline Wingnut

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More legal costs for Oberlies to pay.
[/quote

Millions and millions.  Legal council ain't cheap when you are on the losing side of a law suit!


@Bill Cipher

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