The Briefing Room
General Category => National/Breaking News => Topic started by: mystery-ak on June 15, 2019, 06:43:37 pm
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Punitive damage verdict against Oberlin College “was like a seismic wave moving quickly through the courtroomâ€
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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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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Oberlin alumni letter predicts 'lengthy and complex legal process'
http://www.chroniclet.com/news/2019/06/14/Oberlin-alumni-letter-predicts-lengthy-and-complex-legal-process.html (http://www.chroniclet.com/news/2019/06/14/Oberlin-alumni-letter-predicts-lengthy-and-complex-legal-process.html)
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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.
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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.
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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.
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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?
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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.
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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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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.
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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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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/ (https://www.redstate.com/bonchie/2019/06/14/university-887m-endowment-claims-33m-settlement-misconduct-will-hurt-students/)
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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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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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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/ (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.
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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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College With $887M Endowment Claims That $33M Settlement for Misconduct Will Hurt Students
Raze the buildings, plow and salt the ground.
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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.
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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.
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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....
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Raze the buildings, plow and salt the ground.
YUP. I heard that.
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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. 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 (https://www.breitbart.com/tech/2019/06/19/oberlin-college-president-on-bakery-case-this-is-not-the-final-outcome/)
(https://media.breitbart.com/media/2019/06/Oberlin-President-Carmen-Twillie-Ambar-640x480.jpg)
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More legal costs for Oberlies to pay.
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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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Millions and millions. Legal council ain't cheap when you are on the losing side of a law suit!
It's amazing what one can afford when using other peoples money.
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It's amazing what one can afford when using other peoples money.
Ain't it though?
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Liberals simply don't understand that failing to punish minorities when they commit crimes does not help the "plight" of blacks in general...it just creates more racists who give up trying to be sympathetic and/or understand the problems of other people.
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It would appear the Oberlin administrators are still lying about what the ruling was about too. Saw something on Twitter this morning that was sent out campus wide explaining that the ruling against the college was essentially them being held responsible for the speech and actions of students at the college.
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It would appear the Oberlin administrators are still lying about what the ruling was about too. Saw something on Twitter this morning that was sent out campus wide explaining that the ruling against the college was essentially them being held responsible for the speech and actions of students at the college.
Just a high toned way of saying "didn't do nuffin."
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I posted the story about the Oberlin president's statement (look on p. 1 of this thread, the post with a photo of her). Of course they'd be in denial about their horrible offense.
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I know one of the most important things in the world, if not the most important, for white liberals is virtue-signaling about how much they're down with the struggle for black people where it's always 1955-1960 and Bull Connor and the boys are always beating black demonstrators and the Klan is riding through black neighborhoods.
Times have changed. I wonder how many white liberals live near or close to high crime black neighborhoods.
If not for white liberal enablers I don't think we'd have the race problem we currently have.
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I posted the story about the Oberlin president's statement (look on p. 1 of this thread, the post with a photo of her). Of course they'd be in denial about their horrible offense.
Saw that. And to make matters worse they've added a handy FAQ section.
Here's a taste of what they are saying:
Did Dean Raimondo pass out protest fliers created by the student protesters? Did she use a bullhorn?
No. Jason Hawk, editor of the Oberlin News Tribune, said in his testimony at the Gibson’s trial that he approached the Dean of Students and asked what was happening. The Dean asked a student to provide her with a flyer and she handed it to him. Mr. Hawk testified that the Dean provided him with the flyer to accommodate his request and that he did not see her handing out flyers.
Yes. The Dean spoke for only two minutes using a bullhorn. In these two minutes she identified herself to all present and explained her presence and role at the protest.
Why didn’t administrators prevent students from protesting?
It would violate College policy to attempt to prevent students from exercising their right to free speech and their right of assembly under the First Amendment. The Court ruled that the protests were a constitutionally protected exercise of the right to expression and assembly that cannot be the basis of any civil liability.
Did senior administrators participate in the protest, as some media outlets are claiming?
No. No member of the College’s senior leadership participated in the protest. There was some testimony at the trial that a handful of faculty and staff were present at the protest. Any Oberlin faculty or staff at the protest participated in their personal capacity and not as a representative of Oberlin.
https://legalinsurrection.com/2019/06/oberlin-college-issues-faqs-on-gibsons-bakery-verdict-did-the-college-defame-or-libel-the-gibsons-no/
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Saw that. And to make matters worse they've added a handy FAQ section.
Quote
Did Dean Raimondo pass out protest fliers created by the student protesters? Did she use a bullhorn?
No. Jason Hawk, editor of the Oberlin News Tribune, said in his testimony at the Gibson’s trial that he approached the Dean of Students and asked what was happening. The Dean asked a student to provide her with a flyer and she handed it to him. Mr. Hawk testified that the Dean provided him with the flyer to accommodate his request and that he did not see her handing out flyers.
Yes. The Dean spoke for only two minutes using a bullhorn. In these two minutes she identified herself to all present and explained her presence and role at the protest.
Why didn’t administrators prevent students from protesting?
It would violate College policy to attempt to prevent students from exercising their right to free speech and their right of assembly under the First Amendment. The Court ruled that the protests were a constitutionally protected exercise of the right to expression and assembly that cannot be the basis of any civil liability.
Did senior administrators participate in the protest, as some media outlets are claiming?
No. No member of the College’s senior leadership participated in the protest. There was some testimony at the trial that a handful of faculty and staff were present at the protest. Any Oberlin faculty or staff at the protest participated in their personal capacity and not as a representative of Oberlin.
If that's their defense, I can see why they lost.
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Saw that. And to make matters worse they've added a handy FAQ section.
Here's a taste of what they are saying:
https://legalinsurrection.com/2019/06/oberlin-college-issues-faqs-on-gibsons-bakery-verdict-did-the-college-defame-or-libel-the-gibsons-no/
I wonder why they haven't filed their appeal yet?
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Did senior administrators participate in the protest, as some media outlets are claiming?
No. No member of the College’s senior leadership participated in the protest. There was some testimony at the trial that a handful of faculty and staff were present at the protest. Any Oberlin faculty or staff at the protest participated in their personal capacity and not as a representative of Oberlin.
How convenient! :rolling:
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How convenient! :rolling:
I wonder how they separate the two since there were faculty handing out the fliers?
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I wonder why they haven't filed their appeal yet?
They're too busy digging the hole deeper.
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They're too busy digging the hole deeper.
Precisely!
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Oberlin Has Graduated from Self-Caricature to Disgrace
By George Will
June 20, 2019 6:30 AM
Washington — Oberlin College has an admirable liberal past and a contemptible progressive present that will devalue its degrees far into the future. This is condign punishment for the college’s mendacity about helping to incite a mob mentality and collective bullying in response to “racist†behavior that never happened.
Founded in 1833, Oberlin became one of the nation’s first colleges to admit African Americans, and its first coeducational liberal-arts college. It has, however, long since become a byword for academic self-caricature, where students protest, among many microaggressions, the food service’s insensitive cultural appropriation of banh mi sandwiches, sushi, and General Tso’s chicken. ...
But with the cowardice characteristic of bullies, Oberlin claimed in court that it had nothing to do with what its students did when they acted on the progressive righteousness that they imbibe at the school. However, at an anti-bakery protest, according to a complaint filed by the bakery, the dean of students helped distribute fliers, produced on college machines, urging a boycott because “this is a RACIST establishment with a LONG ACCOUNT of RACIAL PROFILING and DISCRIMINATION.†(There is no record of any such complaints against the bakery, from which Oberlin bought goods until the hysteria began.) According to court documents, the administration purchased pizza for the protesters and authorized the uses of student funds to buy gloves for protesters. The college also signaled support for the protests by suspending college purchases from the bakery for two months. ...
More at National Review (https://www.nationalreview.com/2019/06/oberlin-college-descent-into-disgrace/)
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from article:
I want to assure you that none of this will sway us from our core values.
Here's the stated core values on its website:
Mission Statement
Oberlin educates students for lives of intellectual, musical, and artistic rigor and breadth; sustained inquiry, creativity and innovation; and leadership. Oberlin aims to prepare graduates with the knowledge, skills, and perspectives essential to confront complex issues and to create change and value in the world.
Oberlin is committed to educational access and opportunity. It seeks to offer a diverse and inclusive residential learning environment encouraging a free and respectful exchange of ideas and shares an enduring commitment to a sustainable and just society.
I do not see maliciously slandering a local well respected business owner by Oberlin's faculty as a core value, so the President lied.
From article: we value our relationship with the town and region that are our home.
This is a lie as well, otherwise the member of the administration who slandered the business would have been fired, immediately.
from article: We will learn from this lawsuit as we build a stronger relationship with our neighbors.
I see no apology whatsoever within this communication she wrote. Therefore, Oberlin has learned nothing.
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from article:
I do not see maliciously slandering a local well respected business owner by Oberlin's faculty as a core value, so the President lied.
From article: This is a lie as well, otherwise the member of the administration who slandered the business would have been fired, immediately.
from article:
I see no apology whatsoever within this communication she wrote. Therefore, Oberlin has learned nothing.
I'm shocked. Shocked!
They have learnt nothing at all. All they care about is the feelz they get from virtue signaling. May this doom the college...they seem to think they can bulldoze their way through this, so they keep digging that hole.
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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.More at Breitbart (https://www.breitbart.com/tech/2019/06/19/oberlin-college-president-on-bakery-case-this-is-not-the-final-outcome/)
(https://media.breitbart.com/media/2019/06/Oberlin-President-Carmen-Twillie-Ambar-640x480.jpg)
She was not the President when the incident occurred in 2016. That President resigned in 2017 and now leads Pace University.(Perhaps the next collegiate implosion)
https://en.wikipedia.org/wiki/Carmen_Twillie_Ambar (https://en.wikipedia.org/wiki/Carmen_Twillie_Ambar)
I note she is a lawyer by background, so she must have been selected due to that background to handle this high-profile case and intricately involved during the trial. Since it was a disaster for the school, she proved notably to be neither a good president nor a good lawyer.
I also note her husband is an extreme radical teaching political science at Rutgers and who wrote the book Saladin Ambar - Malcolm X at Oxford Union: Racial Politics in a Global Era
Lastly, let's not forget the Chairman of the Board of Trustees, who works for... wait for it... George Soros. https://www.oberlin.edu/general-counsel-and-secretary/trustees (https://www.oberlin.edu/general-counsel-and-secretary/trustees)
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Lastly, let's not forget the Chairman of the Board of Trustees, who works for... wait for it... George Soros.
*****rollingeyes*****