Wednesday, November 25 2020

Oberlin College Claims it Can’t Pay Defamed Bakery, Judge Orders College to Post $36 Million Bond Anyway


By Dean Garrison

Oberlin College was ordered to pay $31.5 Million to a local baker for defamation.

They are saying they can’t pay.

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The judge just ordered them to put up a $36 Million bond to make sure they do.

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That’s hardcore justice.

Here’s the latest from The College Fix:

Oberlin College refuses to take responsibility for its own administrators’ defaming and retaliating against a bakery whose race-neutral anti-shoplifting policy enraged Oberlin students.

Following a judgment of $25 million in damages and $6.5 million in attorney’s fees and expenses, the judge has agreed to stay the execution of his judgment – but it will cost Oberlin.

Judge John Miraldi ordered the Ohio liberal arts college to post a bond of more than $36 million to cover the judgment plus interest while Oberlin appeals. Without explaining his reasoning, he approved the exact amount the Gibson’s Bakery plaintiffs had asked Oberlin to pay in lieu of letting them collect on the judgment immediately.

The bond will remain in place until Aug. 19, though it will be extended until Sept. 9 if the college “timely” files its post-trial motions on or before Aug. 19, Miraldi wrote. He’ll rule on its motions by Sept. 9.

According to Legal Insurrection, which closely covered the trial and subsequent legal wrangling, the bond includes three years of interest.

More…

#####

HARDCORE JUSTICE: Oberlin Says It Can’t Pay Defamed Baker, Judge Orders College to Post Bond of Over $36 Million (Judgment PLUS Interest)

Oberlin College was ordered to pay $31.5 Million to a local baker for defamation.

They are saying they can’t pay.

The judge just ordered them to put up a $36 Million bond to make sure they do.

That’s hardcore justice.

Here’s the latest from The College Fix:

Oberlin College refuses to take responsibility for its own administrators’ defaming and retaliating against a bakery whose race-neutral anti-shoplifting policy enraged Oberlin students.

Following a judgment of $25 million in damages and $6.5 million in attorney’s fees and expenses, the judge has agreed to stay the execution of his judgment – but it will cost Oberlin.

Judge John Miraldi ordered the Ohio liberal arts college to post a bond of more than $36 million to cover the judgment plus interest while Oberlin appeals. Without explaining his reasoning, he approved the exact amount the Gibson’s Bakery plaintiffs had asked Oberlin to pay in lieu of letting them collect on the judgment immediately.

The bond will remain in place until Aug. 19, though it will be extended until Sept. 9 if the college “timely” files its post-trial motions on or before Aug. 19, Miraldi wrote. He’ll rule on its motions by Sept. 9.

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According to Legal Insurrection, which closely covered the trial and subsequent legal wrangling, the bond includes three years of interest.

More…

#####

In case you have not heard the story, here is my previous article about the trial and judgment.

The judgment came in at slightly less than I, and others, originally reported.


Justice is Served: How Political Correctness Just Cost This Tiny College at Least $33 Million

Oberlin College was just ordered by a Jury to pay up to $44.2 Million in damages to David Gibson and his family bakery. ($33 million in addition to a previous judgment)

According to Legal Insurrection, that total will probably be reduced to $33 Million+ because of an Ohio state law that caps punitive damages at twice the compensatory damages.

William A. Jacobson reports for  Legal Insurrection:

The jury just rendered its verdict on punitive damages in the Gibson’s Bakery v. Oberlin College case.

Daniel McGraw, our reporter in the courtroom, reports that in addition to the $11.2 million compensatory damages awarded last Friday, the jury awarded a total of $33 million in punitive damages, which will probably be reduced by the court to $22 million because of the state law cap at twice compensatory (it’s not an absolute cap, but probably will apply here). That brings the total damages to $33 million. We will have the breakdown soon. The jury also awarded attorney’s fees, to be determined by the judge.

The breakdown was:

David Gibson – $17.5 million punitive damages

Allyn W. Gibson — $8.75 million punitive damages

Gibson Bros. Inc. (the Bakery) – $6,973,500 punitive damages

MY STATEMENT about the verdict:

“Oberlin College tried to sacrifice a beloved 5th-generation bakery, its owners, and its employees, at the altar of political correctness in order to appease the campus ‘social justice warfare’ mob. The jury sent a clear message that the truth matters, and so do the reputations and lives of people targeted by false accusations, particularly when those false accusations are spread by powerful institutions. Throughout the trial the Oberlin College defense was tone-deaf and demeaning towards the bakery and its owners, calling the bakery nearly worthless. The jury sent a message that all lives matter, including the lives of ordinary working people who did nothing wrong other than stop people from stealing.”

Here’s some of the backstory, via The Chronicle.

The rift between the bakery and the college began last year when a student tried to buy alcohol with a fake ID from Allyn Gibson, who is the son of the bakery’s owner, David Gibson.

The police report said Allyn Gibson told Jonathan Aladin he was calling the police and not to leave. Gibson said he then took out his phone to take a photo of Aladin, and Aladin slapped the phone from his hand and the device hit Gibson in the face. Police have said Aladin then ran from the store, dropping the two bottles of wine to the floor.

Allyn Gibson chased after Aladin, and the two men got into a physical confrontation outside. When police arrived, they reported seeing Allyn Gibson on the ground with Aladin and the two other students charged, Endia Lawrence and Cecelia Whettstone, hitting him.

The incident became racially charged because Allyn Gibson is white and the students are black. All three students pleaded guilty in August to misdemeanor charges and read statements into the record acknowledging that Allyn Gibson was within his right to detain the shoplifter and that his actions were not racially motivated.

In its motion to dismiss, filed earlier this month, the college said Gibson’s has “rejected all attempts from Oberlin College to rise above misunderstandings, perceived wrongs, and outrage, and further rejected Oberlin’s vision of a new relationship built on personal accountability and a shared commitment to overall health of their beloved hometown.”

So What Did Oberlin Do To Deserve a Lawsuit?

Also reporting for The Chronicle, Jodi Weinberger sums it up:

Gibson’s Bakery has filed a lawsuit against Oberlin College, prompting the college to once again sever business ties with the downtown bakery.

The lawsuit lays out a narrative in which Oberlin College — trying to recover its image of being supportive of the African-American community after firing a professor who is black, and with business interests in wanting to buy the Gibson property and adjacent parking lot — latched on to a shoplifting incident to promote Gibson’s as a racist establishment to bolster its own image and interests.

###

There you have it folks. Oberlin was a little bit greedy for expansion and a lot concerned about their reputation with the black community.

So they latched on to the idea of political correctness and protected 3 thug students, who would clearly be thugs whether white or black or any other color.

They were greedy and needy at the same time. They wanted to grow and wanted to take focus away from perceived racism (because, heaven-forbid, they fired a blackman).

Now they are somewhere in the neighborhood of $33.6 million ($11.2 million plus another $22.4 million for punitive damages), and could pay a potential of the full $44.2 million in total judgments.

Remember the days when the law was the law and it didn’t matter what color the criminal was?

I’m sure the administration at Oberlin is wishing it could go back to those days.

The only enrollment number I found for Oberlin College was 2,978 students as of 2014. It is a small college whose enrollment will likely now drop, just as was the case at The University of Missouri and Evergreen College after their explosive episodes.

With a near guaranteed minimum settlement of $33.6 million, dividing by 2978 students means the college would have to pay $11,282.74 per student. But again, controversies tend to drive students away and $33.6 million is approximately the MINIMUM that Oberlin will pay in the settlement, UNLESS they successfully appeal.

Better raise tuition.

Oh wait, that might drive enrollment down even further.

Bad things tend to stem from both “political correctness at all costs” and greed and this is just the latest example of justice prevailing.

The good guys still win sometimes in America.

—End of archived article—


Are we about to see one of America’s storied “institutions of higher learning” go out of business?

Political “correctness” comes at a price sometimes, because there is usually nothing correct about it.

Trying to shift the blame to a hard-working businessman and label him racist has certainly cost Oberlin already, whether they ever pay a single dime.

The College Fix also has this little tidbit:

Gibson’s had demanded a bond because Oberlin had raised doubts about whether it could pay “this sizeable judgment three years from now”:

At trial, and in its recent filing, the College represented that there was only $59.1 million of unrestricted endowment funds available to pay any dollar judgment and that $10 million of those funds had already been committed to pay down the College’s existing debt. [Trial Tr., June 12, 2019 at 95:13-21] There remains $190 million of existing debt on the College’s books. [Id.] The College has also testified that it has a significant operating deficit and that its deficit situation is not sustainable…. [Trial Tr., June 12, 2019 atpp. 86:1-6, 88:1-9]

Oberlin also highlighted its plunging enrollment at trial. Gibson’s warned that Oberlin could “attempt to continue using its available funds to pay down its other debts between now and the filing of a notice of appeal, thereby leaving less available to pay the judgment in this case.”

#####

Now I have to laugh.

Seems like I might have predicted financial problems would arise from this. ????

OK, honestly anyone could have seen that coming. ????

Here are a couple of additional articles about the Oberlin College fiasco…

…just in case we never mention them again.

Who talks about closed colleges these days?

It’s not like they are going to, heaven forbid, close a shopping mall or something.

Actions have consequences.

Dean Garrison is the Publisher of DC Clothesline and DC Dirty Laundry

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This Tee is soft and beautiful.  KEEP ON TRUMPIN' 100% Cotton and ready to be worn to your next political event, office or anywhere. MAGA! 100% Cotton Printed in the USA

TRUMP LIBERTY Liberty $100 BULLION BAR BEST COIN WE EVER OFFERED. JUST STUNNING.

Trump delivered Israel the predicted third jubilee which is a BIBLICAL EVENT. Special coin and very high quality with great detail.

We invite you to display your affirmation of the work Trump and Pence have been doing for the American people, by boldly wearing one of this Re-Elect Trump 2020 hat. 3-D High Definition embroidery Embroidered 45 and USA on sides 6-Panel Structured Adjustable Velcro® Fastener 100% Acrylic

These TRUMP - KEEP AMERICA FIRST - car flags are a perfect way for us to gear up for the coming election! They are extremely high quality with the best plastics and ROUGH TEX FABRIC and ARE DOUBLE SIDED! ONLY $9.95

These TRUMP NATION car flags are a perfect way for us to gear up for the coming election! They are extremely high quality with the best plastics and ROUGH TEX(tm) FABRIC and ARE DOUBLE SIDED!

Make a political statement with this fabulous light-up blinking patriotic button. Support the re-election of our GREAT President, Donald J. Trump in 2020. Let's "Keep America Great." Round button: Red, blue and gold design. 1 3/4 inch diameter Red, White and Blue blinking lights SEE THE VIDEO BELOW!

100% Cotton-Twill Expert 3D Embroidery Donald Trump Signature Embroidered Velcro Adjustable 6 Panel Structured

100% Cotton-Twill Expert 3D Embroidery Donald Trump Signature Embroidered Velcro Adjustable 6 Panel Structured

The Trump 2020 - PUNISHER - MAGA - CAP has all the great messages in one awesome cap.  Grab yours today! ONLY RED LEFT IN STOCK! Poly/Acrylic Expert 3D Embroidery Velcro Adjustable 6 Panel Structured

Premium Quality Incredible Custom Embroidery  6 Panel Structured Embroidered Flag on side Velcro Adjustable Strap

This is a perfect pin to show your support for our great President, Donald J. Trump. Die struck from jeweler's metal. Textured background Gold plated Hand filled soft enamel color with epoxy coating for lasting durability.

Printed in the USA 50% pre-shrunk cotton/50% polyester Air jet yarn creates a smooth, low-pill surface Rib knit hem & cuff US weight 7.8 oz Manufacturer: Cutter & Buck

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