Oberlin slapped for $11 mil for playing race card for robber

[WhyNot]

I guess they went back in front of the judge unwashed,dressed in feed sacks and eating outdated cans of spam, opened wallet and moths flew out.

[rimfireOH]

As I thought about it some more, two things came to mind:
1) Oberlin may be fishing for some sort of out-of-court settlement with a reduction in the total amount.
2) It may be in Gibson's best interest to not bankrupt Oberlin. Negative impact and ripple effect on local economy.

[Bruenor]

With Oberlins assets that settlement will hardly break them.
They won't learn anything from a smaller settlement. It's questionable if they've even learned anything so far with this case.

[docachna]

I still am curious as to what of Oberlin’s assets are attachable in satisfaction of the judgment. What about their huge endowments ?? If they started transferring assets in anticipation of a judgment or after the judgment, they are really going to incur Judge Miraldi’s wrath.

[catfish86]

This is actually fairly standard stuff. The college is requesting to not have to pay the judgment until its appeals are exhausted. It was the plaintiff's that demanded the bond. The judge requiring the bond is a finger in the eye of the college. Now the college, having pleaded poverty, will have to convince a bond company to put themselves on the hook for 36 million if the college doesn't pay. For the plaintiff's, this makes collection easier. As to the college obtaining a bond, no guarantees. If they don't the plaintiff's can start collecting. I am pretty sure that will get ugly pretty quick for the college. The temptation will be to engage in "asset protection" (hiding money to avoid collection) which can result in criminal charges of fraud.

[rimfireOH]

I sat down and read the police report today. Amazing stuff. The best line is at the end of page 2:

This matter should be considered closed.

It really should have been. But the social justice warriors didn't know when to quit.

[deanimator]

But the social justice warriors didn't know when to quit.

When do they EVER?

[docachna]

Actually, Oberlin posted the supersedeas bond so that they could continue the appeal without giving plaintiffs an opportunity to execute against the judgment. Plaintiffs don't have to request it. The judgment is executable until paid, set aside, or stayed by posting a bond. If they don't post a pond, the bakery can execute on the judgment and start carrying out the students' classroom desks. O.R.C. 2505.09, IIRC.

I remember about 15-20 years ago an insurance company out on East Broad in Columbus at the time failed to timely post an appeal bond on a fairly significant judgment obtained against the company (not the company's insured). Calls from plaintiff counsel wanting to know where the check was went unanswered. So, the first day they could do so, plaintiff counsel executed against the judgment, and sent the Franklin County Sheriff out with a bunch of U-Haul trucks to carry out all of their office furniture.

Things got spiffied up really fast. U betcha.

[Whirlwind06]

I still am curious as to what of Oberlin’s assets are attachable in satisfaction of the judgment. What about their huge endowments ?? If they started transferring assets in anticipation of a judgment or after the judgment, they are really going to incur Judge Miraldi’s wrath.

Most College's have two types of endowments. Restricted funds and unrestricted, Oberlin is stating that they only have 50 million or so in unrestricted. Restricted funds can only be used for the purpose that it was set up. Say a fund is set up for biology research, they can't take that money from that fund and use it for athletics. I'm not sure if it possible to legally move the funds around,from restricted to unrestricted.

[JustaShooter]

I'm not sure if it possible to legally move the funds around,from restricted to unrestricted.

I do not believe there is, not even in the face of a settlement like this.

[Bruenor]

Appellate Court Upholds $25 Million Award Against Oberlin in Mob Action Against Family Grocery

https://jonathanturley.org/2022/04/02/a ... y-grocery/" onclick="window.open(this.href);return false;

April 2, 2022
The jury in June 2019 awarded the Gibsons $44 million in compensatory and punitive damages. A judge later reduced the award to $25 million. That was just upheld and the appellate court also upheld an award of $6.2 million payment in attorney fees. That comes to $31.2 million not including millions spent by the college to fight this case. If you add the same fees for the college, it comes to $37.4 million in fighting this case by Oberlin.

What is most striking about this case is the utter lack of accountability or remorse on the part of Oberlin. Notably, even after record judgments against the college, officials like Raimondo remained at the college and faced no apparent sanctions for their conduct. (Raimondo recently left the college).

President Ambar would not even apologize to this family. The two patriarchs of the family died during the course of this litigation.

Yet, the college itself is also a victim. The tens of millions of dollars lost by Oberlin could have given hundreds of students free tuition at the school. It could have sustained major research grants and programs. Instead, college officials burned through the money rather than stand up to a mob.

Here is the opinion: Gibson Bros. v. Oberlin

[steves 50de]

Appellate Court Upholds $25 Million Award Against Oberlin in Mob Action Against Family Grocery

https://jonathanturley.org/2022/04/02/a ... y-grocery/" onclick="window.open(this.href);return false;

April 2, 2022
The jury in June 2019 awarded the Gibsons $44 million in compensatory and punitive damages. A judge later reduced the award to $25 million. That was just upheld and the appellate court also upheld an award of $6.2 million payment in attorney fees. That comes to $31.2 million not including millions spent by the college to fight this case. If you add the same fees for the college, it comes to $37.4 million in fighting this case by Oberlin.

What is most striking about this case is the utter lack of accountability or remorse on the part of Oberlin. Notably, even after record judgments against the college, officials like Raimondo remained at the college and faced no apparent sanctions for their conduct. (Raimondo recently left the college).

President Ambar would not even apologize to this family. The two patriarchs of the family died during the course of this litigation.

Yet, the college itself is also a victim. The tens of millions of dollars lost by Oberlin could have given hundreds of students free tuition at the school. It could have sustained major research grants and programs. Instead, college officials burned through the money rather than stand up to a mob.

Here is the opinion: Gibson Bros. v. Oberlin

Pay up suckers.

[catfish86]

What is interesting is Oberlin's assertion that while the Gibson's were allowed to present testimony of the personal experience of witnesses who said they were not racist the college was not allowed to enter testimony from its employees that they had heard stories about the Gibson's racism. The key is the hearsay rule: essentially hearing rumors is not evidence. The Gibson witnesses were speaking on things they had personally saw, heard or experienced. The college witnesses were passing on stories they had heard with no idea of whether they were true. The college needed to just back away from claims it had come to know were false and apologize. Instead, to this day the college keeps doubling down and continuing its behavior.

[docachna]

And meanwhile, statutory Prejudgement and Postjudgment interest just keep on piling up. So appeal away, Oberlin. Maybe OSCt will hear it, maybe they won’t.

[Klingon00]

Oberlin goes to Supreme Court but forgets to file a stay so Gibson's seeks full $36 million:

Oops! Gibson’s Bakery Seeks To Execute On $36 Million Appeal Bond Since Oberlin College Failed To Obtain Stay Of Appeals Court Mandate

https://legalinsurrection.com/2022/05/o ... t-mandate/" onclick="window.open(this.href);return false;

I don’t know if Oberlin College was anticipating this motion, I tend to think not otherwise they would have moved for a stay of the appeals court mandate. So this probably has ruined someone’s weekend, particularly if it turns out that someone dropped the ball on staying the appeals court mandate.

Should the Gibsons prevail on this motion, the case is over and Oberlin College’s appeal to the Ohio Supreme Court is moot. I don’t know if that would also moot the Gibsons’ Cross-Appeal, which seeks to restore the full punitive damage jury verdict that was reducted under tort reform. [added 6:40 p.m. – On further reflection, I’m not sure collecting on the bond technically moots the case. Unless there is some Ohio law to the contrary, in theory Oberlin could continue its appeal and seek the money back if it wins in the Ohio Supreme Court. But remember, the Ohio Sup. Ct. doesn’t have to take the case, it’s discretionary, and the plaintiffs having been paid may influence it not to take the case given its limited docket.]