Oberlin College to pay $11 mill to Gibson's Bakery over racism lies, protests! [Archive]

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Valli6

06-07-2019, 05:33 PM

:) Gibson's Bakery wins battle against Oberlin College for letting loose their their lying, thieving brats! :clap::clap::clap: YAY!

https://legalinsurrection.com/2019/06/verdict-jury-awards-gibsons-bakery-11-million-against-oberlin-college

VERDICT: Jury awards Gibson’s Bakery $11 million against Oberlin College
Posted by William A. Jacobson Friday, June 7, 2019 at 3:11pm

Punitive damage phase to start next Tuesday, which could increase the damages to $33 million. {DO IT!}

According to our reporter in the Courtroom, the jury awarded $11 million. Here are the details: Allyn W. Gibson was awarded $3 million, David Gibson $5.8 million, Gibson Bros. $2,274,500. Next Tuesday there will be a separate punitive damages which could be a double award (meaning tripling the $11 million to $33 million).

(clarification) Meredith Raimondo was held liable on the libel and interference with business relations, but not intentional infliction of emotional distress. By stipulation, the college is responsible for any amounts awarded against her, so she will not pay anything out of pocket.

We followed this case from the start of the protests, through the lawsuit process, and now trial. Here’s my statement:

The verdict sends a strong message that colleges and universities cannot simply wind up and set loose student social justice warriors and then wash their hands of the consequences. In this case, a wholly innocent 5th-generation bakery was falsely accused of being racist and having a history racial profiling after stopping three black Oberlin College students from shoplifting. The students eventually pleaded guilty, but not before large protests and boycotts intended to destroy the bakery and defame the owners. The jury appears to have accepted that Oberlin College facilitated the wrongful conduct against the bakery.

We will have interviews and video later. We will update this post as more information becomes available.

As previously posted, I was amazed at the tone-deaf and demeaning approach of Oberlin College to this family business. Oberlin College claimed the Bakery was worth only $35k, less than one semester at Oberlin College:

I’m still shaking my head at the tone-deafness of the defense in belittling this family business which has sustained five generations of Gibsons, and at the time of the protests sustained three generations: 90-year-old Allyn W. Gibson, his son David Gibson, and his grandson Allyn D. Gibson. There also were almost a dozen employees. After the protests, the Gibsons stopped taking salaries and most of the employees have been laid off. This is real life to these people. To say that the business was worth only $35,000 erases the lives of these people. Maybe it’s just the plaintiff’s lawyer in me coming out, but I’d cross examine this defense expert and college president, and show in closing argument, the tuition, room and board charges at Oberlin College. This business, which has been an important feature of the community since 1885, is worth less than one semester at Oberlin College?

This case is bigger than just this case, and reflects reflects Higher Ed disconnect from the lives of most Americans:

First, from the start of this case I have questioned the aggressive and demeaning attacks on the Gibsons as a defense strategy. There is no evidence that the Gibsons did anything wrong, unless you consider stopping people from stealing something wrong. That lawful act of protecting one’s property nonetheless has devastated a 5-generation business because of Oberlin College racial politics. Gibson’s Bakery survived two World Wars, the Depression, the turmoil of the 1960s, and the so-called Great Recession, but it may not survive Oberlin College’s social justice warriors and their faculty and administrative enablers. If the jury understands this, the other pieces of the case fall into line, factually and legally.

Second, I never cease to be amazed at the arrogance of the college community as reflected in the defense that Gibson’s Bakery was close to worthless. It’s the arrogance of the credentialed. A business that is in its 5th generation, and that currently supports three of those generations, is something of value. A business that employed almost a dozen local employees prior to this incident is something to value. Ultimately the jury will have to put a monetary value on the dramatic drop in business, and the loss of reputation of the individuals, but to demean the business the way was done is maddening.

Scott Wargo, spokesman for Oberlin College, provided the following comment in response to my inquiry: “The College does not have a comment.”...

more: https://legalinsurrection.com/2019/06/verdict-jury-awards-gibsons-bakery-11-million-against-oberlin-college/

https://www.youtube.com/watch?v=sxlr8ofmhU0
https://www.youtube.com/watch?v=sxlr8ofmhU0

https://www.youtube.com/watch?v=8ZfsoPoWidw
https://www.youtube.com/watch?v=8ZfsoPoWidw

Swordsmyth

06-07-2019, 05:40 PM

:up:

AngryCanadian

06-07-2019, 05:48 PM

:handpeace:
Nice.

Danke

06-07-2019, 07:29 PM

https://kittysneezes.com/wp-content/uploads/2010/01/madparody1-1-795x385.jpg

Warrior_of_Freedom

06-07-2019, 07:52 PM

What about the no gay wedding cake baker? Is he still a garbage man?

Anti Globalist

06-07-2019, 08:35 PM

Nice to see some justice.

AngryCanadian

06-07-2019, 08:49 PM

Look at the interesting.

The verdict sends a strong message that colleges and universities cannot simply wind up and set loose student social justice warriors and then wash their hands of the consequences. In this case, a wholly innocent 5th-generation bakery was falsely accused of being racist and having a history racial profiling after stopping three black Oberlin College students from shoplifting. The students eventually pleaded guilty, but not before large protests and boycotts intended to destroy the bakery and defame the owners. The jury appears to have accepted that Oberlin College facilitated the wrongful conduct against the bakery.

So is it a privilege to steal based on someone's race?
Stealing is not right.

Swordsmyth

06-07-2019, 09:40 PM

Look at the interesting.

So is it a privilege to steal based on someone's race?
Stealing is not right.
You just don't understand their culture.

Maybe we can compromise by allowing them to vote for a right to steal.

RestorationOfLiberty

06-07-2019, 10:06 PM

donnay

06-08-2019, 07:26 AM

Oberlin College fined $11M in bakery racial profiling case

By Ben Feuerherd
June 7, 2019 | 11:39pm

An Ohio jury on Friday slapped Oberlin College with an $11.2 million damages penalty for siding with three black students who had claimed they were victims of racial profiling after they were caught shoplifting in 2016, a report said.

The liberal arts college must pay the massive compensatory damages award to the family-owned Gibson’s Bakery, where the three students had been arrested for attempting to steal or buy alcohol with a false ID.

The arrests were met with massive protests by students and faculty at the school.

During the protests, the Dean of Students, Meredith Raimondo, drew up a flyer, claiming Gibson’s had a history of racial profiling, the Chronicle-Telegram reported.

The flyer also urged students to boycott the bakery, the Chronicle-Telegram reported.

The students pleaded guilty to the attempted theft in 2017 and admitted in court they were not racially profiled.

The $11.2 million award could triple in a hearing next week on punitive damages, according to the report.
https://nypost.com/2019/06/07/oberlin-college-fined-11m-in-bakery-racial-profiling-case/

Swordsmyth

06-09-2019, 05:40 PM

RJB

06-09-2019, 07:18 PM

TheTexan

06-09-2019, 07:50 PM

You just don't understand their culture.

Maybe we can compromise by allowing them to vote for a right to steal.

+rep if they want to steal, they have to play by the same rules as everybody else

Swordsmyth

06-12-2019, 03:12 PM

$11 Million judgement against Oberlin college for turning the SJW outrage mob on a small local bakery who stopped a shoplifter was just the Compensatory part, and now comes the Punitive (https://www.morningjournal.com/news/lorain-county/oberlin-college-asks-for-mistrial-in-gibsons-case/article_b75aa0b2-8c64-11e9-a2fd-7b093ea5909a.html)

Swordsmyth

06-14-2019, 04:55 PM

Bakery that sued Oberlin college just got an additional $22 million in punitive damages to add to the $11 million in compensatory (https://legalinsurrection.com/2019/06/oberlin-college-hit-with-maximum-punitive-damages-capped-at-22-million-by-law-in-gibsons-bakery-case/)

parocks

06-14-2019, 05:32 PM

Swordsmyth

06-14-2019, 05:36 PM

Total of $44 Million.

Actually they were awarded an additional $33 million which would have brought it up to $44 million, but a state law cap will reduce it to the first amount.

Anti Federalist

06-14-2019, 05:59 PM

parocks

06-16-2019, 10:39 AM

Actually they were awarded an additional $33 million which would have brought it up to $44 million, but a state law cap will reduce it to the first amount.

Well, what you just said there isn't exactly right. It's more complicated than that. I can't explain it. Apparently that 2x punitives is not a hard cap. The judge in the case has some discretion. Additionally, there are attorney's fees to be considered, and those could run $10 Million, and Oberlin has to pay that.

Swordsmyth

06-16-2019, 05:50 PM

Well, what you just said there isn't exactly right. It's more complicated than that. I can't explain it. Apparently that 2x punitives is not a hard cap. The judge in the case has some discretion. Additionally, there are attorney's fees to be considered, and those could run $10 Million, and Oberlin has to pay that.
You seem to know more than I or the source I read do so I will defer to you.

parocks

06-16-2019, 07:31 PM

You seem to know more than I or the source I read do so I will defer to you.

It's complicated, hard to explain, I don't really have it down 100% myself, but you'll see that even headlines differ as to the amount.

It is true that there's a pretty good chance that that $33 M punitive damages number will be cut down.

Swordsmyth

07-03-2019, 05:03 PM

A Democrat judge nearly halved the damages awarded to a bakery that previously won a lawsuit against Oberlin College for defamation.
After Oberlin College filed a motion on June 21 to cap damages given to the bakery, Judge John Miraldi, who ran as a Democrat (http://www.chroniclet.com/elections/2018/11/02/ENDORSEMENT-John-Miraldi-for-Lorain-County-Common-Pleas-Judge.html) in 2018, ruled on Thursday that the bakery will only receive $25 million from the school in punitive and compensatory damages, as opposed to the original $44 million, according to The Toledo Blade (https://www.toledoblade.com/local/courts/2019/06/28/gibsons-bakery-ohio-judge-cuts-damages-oberlin-college-half-punitive-defamation/stories/20190628125).

The judge made the decision on the grounds that punitive damages must not exceed twice the sum of compensatory damages, according to Ohio law. Compensatory damages were determined to be around $11 million by the jury in this specific case.
Attorneys for Gibson’s Bakery argued that there were multiple claims in the case, including intentional infliction of emotional distress and libel, so the damages should have been applicable to each claim separately.
Lee Plakas, the attorney for Gibson’s bakery, had previously stated in an exclusive interview with Campus Reform that Oberlin was pushing “alternative facts” and that the college believed itself to be “above the law.”

More at: https://www.campusreform.org/?ID=13404

Swordsmyth

07-19-2019, 07:42 PM

A judge has awarded about $6.5 million in attorney’s fees and court costs to Gibson’s Bakery, the family-owned Ohio doughnut shop that won a $25 million judgment against Oberlin College over protests accusing the business of racism.
Lorain County Judge John Miraldi made the ruling on fees Wednesday, bringing the total award against Oberlin to nearly $32 million. Oberlin attorneys have indicated that they plan to appeal, according to the Elyria Chronicle-Telegram.

More at: https://www.washingtontimes.com/news/2019/jul/18/gibsons-bakery-wins-65m-attorneys-fees-against-obe/

Swordsmyth

07-24-2019, 05:37 PM

The $25 million damages judgment plus the over $6.5 million attorney’s fees and expenses award, puts Oberlin College almost $32 million in debt to Gibson’s Bakery and its owners.
Post-judgment interest in Ohio is 5%, which if my math is correct, on $32 million equals $1.6 million a year just in interest, or $4,384 per day. So that $32 million is going to keep growing as the inevitable appeal winds its way through the courts.
Interest aside, Oberlin College doesn’t want Gibson’s Bakery to start collecting the judgment by seizing bank accounts, college equipment, and anything else they can get their hands on.
Not surprisingly, Oberlin College has filed a Motion for a Stay of Execution of Judgment (https://www.scribd.com/document/418835776/Gibson-s-Bakery-v-Oberlin-College-Defense-Motion-for-Stay-of-Execution-of-Judgment) (pdf. (https://legalinsurrection.com/wp-content/uploads/2019/07/Gibsons-Bakery-v.-Oberlin-College-Defense-Motion-for-Stay-of-Execution-of-Judgment.pdf))(full embed at bottom of post). The motion also requests that Oberlin College not be required to post a bond to secure the judgment while the trial court rules on post-trial motions Oberlin College says it will be filing.
Here is Oberlin College’s key argument:

Defendants intend to file motions under Civ.R. 50, 59, and/or 60. And per the express provisions of Civ.R. 62(A), a stay of execution may be issued at any time after a judgment is issued and before the time for filing motions pursuant to Civ.R. 50, 59, and 60 and while such motions are pending.
Defendants further respectfully request that they not be required to post a bond in the amount of the Judgment at this time. In the event that Defendants’ post-trial motions are not successful and require Defendants to appeal, Defendants will then file a supersedeas bond as required by Civ.R. 62(B) at the time Defendants file their notice of appeal. This supersedeas bond, if necessary, will be in the amount of the Judgment, plus any additional amount that may potentially be awarded by the Court in attorneys’ fees.
Gibson’s Bakery has filed an Opposition to the Motion (https://www.scribd.com/document/418835775/Gibson-s-Bakery-v-Oberlin-College-Plaintiffs-Opposition-to-Motion-for-Stay-of-Execution-of-Judgment) (pdf (https://legalinsurrection.com/wp-content/uploads/2019/07/Gibsons-Bakery-v.-Oberlin-College-Plaintiffs-Opposition-to-Motion-for-Stay-of-Execution-of-Judgment.pdf).)(full embed at bottom of post) which opposes the stay and also argued that if a stay of execution is granted, that a bond be required.

More at: https://legalinsurrection.com/2019/07/gibsons-bakery-court-filing-there-is-serious-concern-about-oberlin-colleges-ability-to-pay-this-sizeable-judgment-three-years-from-now/

Swordsmyth

07-25-2019, 01:34 AM

Oberlin College ordered to post $36 million bond to delay Gibson’s Bakery collection of Judgment (https://legalinsurrection.com/2019/07/oberlin-college-ordered-to-post-36-million-bond-to-delay-gibsons-bakery-collection-of-judgment/)

timosman

07-25-2019, 02:20 AM

They used to say stupidity is not illegal. :tears:

jkr

07-25-2019, 07:42 AM

CLOSE IT UP!

CLOSE IT UP!

CLOSE IT UP!

CLOSE IT UP!

Swordsmyth

08-08-2019, 09:49 PM

Dave Gibson, the owner of the bakery that won millions of dollars in a defamation lawsuit against Oberlin College, accused the school on Tuesday of waiting for him and his father to die.
Gibson made these accusations in a statement he posted on Facebook (https://www.facebook.com/bakershanecheney/videos/1268862319961557/?__tn__=kC-R&eid=ARAdG01DFVB-_FH3s3i2d3cQfWaVtARVfbxQOEt-Mj-F8I69oDnr1Wn-sYz54ALsRFcqb227zGzrmlBe&hc_ref=ARRyvkIGeBVJ13_-lxDfO_DhA9_bBcdseUcMLWkILPVeHRRnPXsSVo5sDF5zHMO7DE 0&fref=nf&__xts__[0]=68.ARD8vTKbqWc8KYH-0sz4Mi3k17pOQgHyy2UWPmFPVnQnfp6V1wSGAk86em0YYqcX20 yK0aRQ7x4JCcpoJp_Lotv5wla3HhIdHJuVvHlfatpS2VrE3B6h ZIdPZ3z5QiSN9U9yU2IkcRwgAcnLYXWIrd01MSvdnTA-XZmdZdiolcabIxMHy6Q9Jx5sSoWCghpVu7YYsa3jWQsNIHwDIE djw0CPIasuE2RoymP839rdU7PH_ktEBiFrLYE_LI179CFXDzBj E3WVEn1QlO9OSmLeNq4Y3FmH-t8aEQ1Wj6CwikjugokRKYNmgmUVkF7cy_1nXmhd6Mw8bD3grOC EGx68ARyEJIGQmFxtle27UCb-).

“As we’ve been going through this legal battle, I’ve been going through another personal battle. Late last year, I was diagnosed with the devastating news that I have pancreatic cancer,” he said. “Oberlin College has known about my health condition since February. Their legal team filed a motion to prevent any mention of my cancer diagnosis at the trial. And honestly, we agreed, because I wanted the jury to decide this case on the facts alone -- nothing else.”

Oberlin’s President Carmen Twillie Ambar refused to accept the jury's verdict and vowed to fight it.
"Let me be absolutely clear: This is not the final outcome," Ambar said, following the jury’s initial ruling. “This is, in fact, just one step along the way of what may turn out to be a lengthy and complex legal process.”
This statement from Ambar, according to Gibson, was telling.
“Recent public statements from Oberlin College make it clear that the college is refusing to accept the jury’s decision. The college has stated that the verdict is just the beginning of a long legal process,” Gibson said.
The bakery owner than stated that Oberlin College is merely waiting until he and his elderly father are no longer living.
“I believe they’re sending a clear message to me and to my 91-year-old dad that they will just wait us out," Gibson said.

More at: https://www.campusreform.org/?ID=13548

Swordsmyth

08-09-2019, 06:48 PM

tod evans

08-09-2019, 07:12 PM

Gibson’s Bakery: If Oberlin College appeals, we will seek reinstatement of full $44 million original verdict (https://legalinsurrection.com/2019/08/gibsons-bakery-if-oberlin-college-appeals-we-will-seek-reinstatement-of-full-44-million-original-verdict/)

Just watched the video in this link........

I hope bakery-boy shoves the entire $44M up that broads ass and rips it out in one huge wad.

Condescending twat anyway..........Grrrrrrr!

Stratovarious

08-09-2019, 07:15 PM

They used to say stupidity is not illegal. :tears:

Also ''not an excuse in the eyes of the law'' .

Swordsmyth

09-11-2019, 04:12 PM

In the Gibson’s Bakery v. Oberlin College (https://legalinsurrection.com/tag/oberlin-college-gibsons-bakery/) case, the judgment for the plaintiffs amounted to almost $32 million in damages (https://legalinsurrection.com/2019/07/oberlin-college-ordered-to-post-36-million-bond-to-delay-gibsons-bakery-collection-of-judgment/) and defendants were required to post a $36 million bond (https://legalinsurrection.com/2019/07/oberlin-college-posts-36-million-bond-to-secure-gibsons-bakery-judgment/) to secure the judgment pending appeal.
Before appealing, Oberlin College filed two post-trial motions, a Motion for Judgment Notwithstanding The Verdict (https://www.scribd.com/document/422850414/Gibson-s-Bakery-v-Oberlin-College-Defense-Motion-for-Judgment-Nothwithstanding-the-Verdict) (pdf (https://legalinsurrection.com/wp-content/uploads/2019/08/Gibsons-Bakery-v.-Oberlin-College-Defense-Motion-for-Judgment-Nothwithstanding-The-Verdict.pdf).) and Motion for a New Trial (https://www.scribd.com/document/422850405/Gibson-s-Bakery-v-Oberlin-College-Defense-Motion-for-a-New-Trial) (pdf (https://legalinsurrection.com/wp-content/uploads/2019/08/Gibsons-Bakery-v.-Oberlin-College-Defense-Motion-for-a-New-Trial.pdf).), as explained in our post, Oberlin College Seeks New Trial in Gibson’s Bakery Case. (https://legalinsurrection.com/2019/08/oberlin-college-seeks-new-trial-in-gibsons-bakery-case/)
Gibson’s Bakery responded with an Opposition to the Motion for Judgment Notwithstanding The Verdict (https://www.scribd.com/document/423681208/Gibson-s-Bakery-v-Oberlin-College-Plaintiffs-Opposition-to-Motion-for-Judgment-Notwithstanding-the-Verdict) (pdf (https://legalinsurrection.com/wp-content/uploads/2019/08/Gibsons-Bakery-v.-Oberlin-College-Plaintiffs-Opposition-to-Motion-for-Judgment-Notwithstanding-the-Verdict.pdf).), and Opposition to the Motion for a New Trial (https://www.scribd.com/document/423681200/Gibson-s-Bakery-v-Oberlin-College-Plaintiffs-Opposition-to-Motion-for-a-New-Trial) (pdf (https://legalinsurrection.com/wp-content/uploads/2019/08/Gibsons-Bakery-v.-Oberlin-College-Plaintiffs-Opposition-to-Motion-for-a-New-Trial.pdf).), as explained in our post, Gibson’s Bakery: Oberlin College’s request for a new trial is “baseless”. (https://legalinsurrection.com/2019/08/gibsons-bakery-oberlin-colleges-request-for-a-new-trial-is-baseless/)
Judge John Miraldi has ruled, denying both motions. The Order Denying Motion for Judgment Notwithstanding the Verdict (https://www.scribd.com/document/425266395/Gibson-s-Bakery-v-Oberlin-College-Order-Denying-Motion-for-Judgment-Notwithstanding-the-Verdict) (pdf. (https://legalinsurrection.com/wp-content/uploads/2019/09/Gibsons-Bakery-v.-Oberlin-College-Order-Denying-Motion-for-Judgment-Notwithstanding-The-Verdict.pdf)) and Order Denying Motion for New Trial (https://www.scribd.com/document/425266394/Gibson-s-Bakery-v-Oberlin-College-Order-Denying-Motion-for-New-Trial) (pdf (https://legalinsurrection.com/wp-content/uploads/2019/09/Gibsons-Bakery-v.-Oberlin-College-Order-Denying-Motion-for-New-Trial.pdf).) are embedded at the bottom of the post.

More at: https://legalinsurrection.com/2019/09/oberlin-college-denied-new-trial-in-gibsons-bakery-case/

Occam's Banana

04-02-2022, 02:23 PM

Appeals court upholds $25M judgment against Oberlin College
https://www.sfgate.com/news/article/Appeals-court-upholds-25M-judgment-against-17051097.php
Mark Gillispie (01 April 2022)

CLEVELAND (AP) — An Ohio appeals court has upheld a $25 million judgment for a business that successfully claimed it was libeled by Oberlin College in the aftermath of a shoplifting incident that roiled the historic liberal arts school and music conservatory's campus outside Cleveland.

The 9th District Court of Appeals in Akron on Thursday rejected all of Oberlin College's claims and upheld a judge's ruling that attorneys for the owners of Gibson's Bakery and Food Mart should receive $6.3 million in legal fees from the school.

The three judge panel also agreed with Lorain County Judge John Miraldi's decision rejecting Oberlin College's motion for a new trial and denied the store owners' claim that the damage awards did not sufficiently punish the school.

In a statement, Oberlin College officials said they were disappointed by the ruling. They said they were reviewing the court's 50-page opinion “carefully as we evaluate our options and determine next steps.” Officials acknowledged that issues raised by the case have been challenging “not only for the parties involved in the lawsuit, but for the entire Oberlin community.”

Store owners Allyn Gibson and his son, David Gibson, sued Oberlin College in November 2017 claiming they had been libeled by the school and their business had been harmed. The lawsuit was filed a year after David Gibson's son, also named Allyn, chased and tackled a Black male student he suspected of having stolen a bottle of wine. Two Black female students who were with the male student tried to intervene. All three were arrested and later pleaded guilty to misdemeanor charges.

The arrests triggered protests outside Gibson's Bakery where flyers were handed out, some by an Oberlin College vice president and dean of students, accusing the Gibsons of being racist. A Student Senate resolution condemning the Gibsons was emailed to all students and was posted in a display case at school's student center, where it remained for a year. Oberlin College officials ordered its campus food provider to stop buying bakery items from Gibson's.

A Lorain County jury awarded the Gibsons $44 million in compensatory and punitive damages in June 2019 after a five week trial. Miraldi, the Lorain County judge, later reduced the jury award to $25 million.

David Gibson died in November 2019 at age 65. Allyn Gibson died in February. He was 93.

sparebulb

04-02-2022, 03:09 PM

You can't tell me that the stress of all of this didn't play a part in Gibson's death at the age of 65.

I hope the family gets every penny of the $25 million.

Occam's Banana

04-12-2022, 08:55 PM

Oberlin College Still Refusing to Pay $33 Million in Damages to Bakery it Slandered as Racist
https://www.breitbart.com/education/2022/04/11/oberlin-college-still-refusing-to-pay-33-million-in-damages-to-bakery-it-slandered-as-racist/
Paul Bois (11 April 2022)

Oberlin College in Ohio has refused to pay its owed $33 million in court-ordered damage to a family-owned bakery slandered as racist.

An Ohio court ordered Oberlin College to pay Gibson’s Bakery up to $33 million for defamation damages in 2019 after the college’s dean of students orchestrated a woke mob into slandering the family as racists for calling the police on three black students for shoplifting a bottle of wine. The money was to be paid to the bakery by April 1, but the college has refused to pay it despite the fact that two of the plaintiffs are now deceased.

[...]

Fueling the flames was none other than the college’s dean of students, Meredith Raimondo, who distributed leaflets accusing the bakery of racist practices.

[...]

Three years later, Oberlin has yet to pay the bakery even though two of the plaintiffs have now died: David Gibson at age 65 and Allyn Gibson at age 93.

Both Oberlin College and Raimondo had their appeals denied this month.

“Oberlin is obviously disappointed that the appeals court affirmed the judgment in its ruling. We are reviewing the Court’s opinion carefully as we evaluate our options and determine next steps,” the college told the Mail.

“In the meantime, we recognize that the issues raised by this case have been challenging, not only for the parties involved in the lawsuit, but for the entire Oberlin community,” it continued. “We remain committed to strengthening the partnership between the College, the City of Oberlin and its residents, and the downtown business community. We will continue in that important work while remaining focused on our core educational mission.”

sparebulb

09-02-2022, 06:06 PM

https://nypost.com/2022/09/01/how-oberlins-slander-put-our-family-through-hell/

How Oberlin’s slander put our family through hell

On the night of Nov., 8, 2016, Donald Trump was elected president and the country was forever changed. But for my family, it was the following night — Nov. 9, 2016 — that our world was turned upside down and has never been set right.

Late that night, my husband, David, came home from work and told me that there had been a shoplifting incident at our bakery, Gibson’s. We’ve been in business for 137 years, so we’ve had our fair share of shoplifters, including earlier that very week. That particular night, a student from the local college, Oberlin, had tried to steal two bottles of wine and use a fake ID to buy a third. Our son, Allyn, had pursued him across the street. Two more students got involved. Allyn was beaten up pretty badly, and the three students were arrested.

David was afraid the incident would blow up, since the students claimed to the police that my son had assaulted them — not the other way around. He told me he was scared it would hurt our business since the students who were arrested were black and bystanders were already claiming that Allyn had racially profiled them.

But none of us had any idea of what was about to happen.

The next day, I opened the store around 7 a.m., and soon I got a sense of what David feared. Over the next few hours, hundreds of students began to gather in front of the store. They chanted, “Boycott Gibson’s,” and held signs that said we were white supremacists. They called us racists on their bullhorns.

The students weren’t alone. College administrators were there, too, handing out flyers and addressing the crowd on a bullhorn. The protesters also distributed flyers that said we had a “LONG ACCOUNT of RACIAL PROFILING and DISCRIMINATION.”

Following the students’ arrest, boycotts occurred outside the establishment.
They blocked the door and screamed at customers who elbowed their way through to the counter. A few came in to record videos on their phones of our customers. This went on all day. Late that night, when I went to collect the tables and chairs that we keep outside for customers, I was surrounded by screaming protesters. I was frightened — and all I could think was that I needed to keep our employees safe.

The next day, the protests continued, though the police were mostly able to keep them across the street. But the damage to our relationship with the school and its students had already been done.

Before Nov. 9, our relationship to the school had been wonderful. We delivered pizza dough, bagels and cookies to the dining halls every day. We did pie and ice-cream socials for parents’ weekend and pastry trays for parties. I worked as a nurse at a local hospital until 2002, but if there were a large order, I’d often help David deliver the trays of baked goods to campus.

The crowd continued to grow with animosity towards the family business, with protesters yelling at customers who dared to step inside.
A week after the incident, the school canceled all of our standing orders. That was just the beginning of my family’s nightmare.

The school put out a statement that implied that this wasn’t an isolated incident. The school’s student senate passed a resolution urging the school to cut ties with us, which was posted in a display case at the student center. Our business from the students themselves and administrators — we have a small grocery store and sell beer and wine in addition to our pastries and candies — dried up completely. And the students kept showing up to protest.

David met with the president of the school, along with other administrators, to try to get Oberlin to retract its baseless claims that we were racist and to quell the small group of students who, in their passion, had gotten us so wrong. But Oberlin would not even consider issuing a statement and allowed the public to believe that we were in fact “racist.”

School administrators joined the boycott, canceling orders and cutting all ties with Gibson.
Cleveland19
Instead, the school proposed a deal where, in the future, if a student were caught shoplifting, we’d call the dean instead of the police. My husband and his dad believe firmly that everyone should be treated equally, so they refused.

Eventually, in 2017, we felt that we had no choice other than filing a lawsuit against Oberlin (for libel, among other things) because David’s 89-year-old father, who had dedicated his life to the business, did not want to die being falsely branded a racist.

Heartbroken
By the time the trial started, things were falling apart. We couldn’t make payroll, so we had to let go of half of our employees and cut our operating hours way back. My father-in-law, who made bagel deliveries to the college into his 80s, loved to sit outside the store all day and talk to whomever went by. He was a fixture in the community. Since word about the business with the college had spread, he’d sit outside for hours and hours, but no one would talk to him.

It broke his heart, and mine. Calling us racists wasn’t just wrong, it was deeply painful to our core.

Gibson’s Food Mart and Bakery has been in business for 137 years, but suffered severely after the incident.
AP/ Dake Kang
During the months leading up to the trial, my husband receded from my view. We didn’t really talk like we used to, and we took to co-existing in our home. He was so worried about the trial, and he didn’t want to worry me. I had a lot on my plate, too. My mother, who was suffering from dementia, was living with us. One of our bakers, his wife (an Oberlin graduate), and their 2-year-old had moved into our living room because his wife was dying of ALS. After my father-in-law got badly injured, he moved in with us, too.

To add onto everything else, six months before the trial began, my husband, David, was diagnosed with advanced pancreatic cancer. He was still working from 7 in the morning to 11 at night, but the cancer treatments were brutal. Once the trial started, David decided to pause the treatments so he could be as strong as possible in court. It was important to him that the jury not find out that he was sick. He wanted the case to be decided on the basis of the facts alone.

When the jury found in our favor — they ruled that we were owed $44 million in damages (which was later reduced to $31 million) — relief washed over me. I thought we’d finally be able to move past this and get back to work.

But after the verdict was handed down, David and I left Oberlin to seek treatment for his cancer at bigger hospitals in the South and in New York. We found out that the cancer had spread during the trial, and that we had no recourse. Before he died in 2019, David asked me to keep the store going. “Just keep the doors open, no matter what,” he said. He gave his life for the store, and I promised him that I would do everything I could to honor his final wish.

No dough
I still haven’t seen a penny from the school.

In 2019, Oberlin appealed to have the jury verdict overturned. Ohio’s 9th District Court of Appeals rejected Oberlin’s claims and upheld the jury’s verdict. But in May 2022, Oberlin appealed again to the Ohio Supreme Court to try to avoid the jury’s decision. Thankfully, earlier this week, the Ohio Supreme Court denied Oberlin’s appeal and ruled that the school must pay us $36 million.

But even with this most recent ruling, the college, which has about a billion dollars’ worth of assets at its disposal, still refuses to pay.

We hoped that, with time, the kids who started all this would graduate, and that new students would come in and that the whole drama would fade. But I’m told that freshmen are still told to boycott us. Parents who come in tell me that their kids have been brainwashed to hate us.

I was with my father-in-law, Allyn Sr., when he died several months ago, at the age of 93. We laughed a lot during his last days. He loved his stories, and he was telling them until the end. Most of them revolved around the bakery, like when Stevie Wonder came in. Allyn Sr.’s last words to my son, a few days before he died, were: Do good, honest work.

A jury ruled Gibson’s was owed millions in damages.
AP/Dake Kang
That’s what I’ve tried to do. Like my husband and his parents, and their parents, and their parents, I open the store every day (except Christmas) at 8 a.m. I start by bringing down products from the kitchen, stocking shelves and then ordering ingredients and cleaning the store. Allyn Jr. and his wife, Erin, take care of our tech — our e-commerce business and payroll — and hand-dip our chocolates. At night, I pay bills and do the paperwork, which is endless. My house is quiet now. The family and friends I took care of are all gone.

During the week, my girlfriends come in to have coffee and snacks. We have some locals and people from the surrounding towns who support us, but it’s not enough. Our shelves are bare because there’s no foot traffic anymore, so we don’t bother stocking them. Before, there was a constant stream of people coming into the shop. Now, we might have one or two customers throughout the whole morning. We still sell our whole-wheat doughnuts, and apple fritters, chocolates and candies with homemade caramels, but far fewer of them.

If I got the money from the college, I wouldn’t buy a house, or go on vacation, or leave Ohio. I would replace the compressors for the refrigerators and replace the fryers and proofers that we use for our dough. I would pay off the mortgages on my properties that I’ve taken out in the past few years. I’d hire back employees and ramp up production.
While the Ohio Supreme Court’s recent decision has made us hopeful, if the money doesn’t come through within the next couple months, I’ll be forced to declare bankruptcy and shut the doors of Gibson’s for good.

Uncertain future
Today, I’m worried about the future of this town. I grew up here. I met David at a party in 1978, and we didn’t leave each other’s side until he died in 2019. My husband was offered a professorship in chemistry at Ohio Wesleyan after he graduated from there, but there was no question that he’d come back to Oberlin, and the bakery. At 23, before we were married, I was already running a Gibson’s branch in Elyria. He baked a five-tier stunner for our wedding.

I can’t provide wedding cakes for this town anymore, but I want to. I believe that there’s room for both Gibson’s and the college to exist.

A couple of months ago, a young girl came into the bakery. She told me she was thinking of coming to the school, and that she’d heard horrible things about our store, that we were racist, and that we should be boycotted. She knew our story, the real story, and said that all the negativity directed toward us was a turnoff for her. I said that she should make her own decision. That’s what college is for.

Then I told her that I’d love to see her come to school here. And I’d like to see her come into the bakery if she does. I hope we’ll still be here.

Lorna Gibson runs Gibson’s Bakery. Reprinted with permission from Bari Weiss’ Common Sense.

sparebulb

09-02-2022, 06:08 PM

Oberlin flyer

https://nypost.com/wp-content/uploads/sites/2/2022/09/gibson-oberlin-024.jpg?quality=75&strip=all&w=545

Occam's Banana

08-06-2023, 06:24 PM

Oberlin College’s insurance policy does not cover the huge verdict against it for wrongly demonizing a bakery owner as racist (https://www.americanthinker.com/blog/2019/06/ohoh_oberlin_colleges_insurance_company_says_their _policy_doesnt_cover_the_huge_verdict_against_them _.html)

Good.

Fuck them.

Hope they have to close up.

Let them take out of the alumni's asses...like Lena Dunham and Alison Bechdel

Oberlin College Sues Insurers For Refusing To Cover $36 Million It Paid Gibson’s Bakery For Defamation And Other Torts
Four insurance companies have told the college to pound sand. Have you ever rooted for insurance companies ever? There’s a first for everything.
https://legalinsurrection.com/2023/08/oberlin-college-sues-insurers-for-refusing-to-cover-36-million-it-paid-gibsons-bakery-for-defamation-and-other-torts/
William A. Jacobson (06 August 2023)

After a six year struggle, in December 2022 Gibson’s Bakery finally was paid by Oberlin College a total of $36 million, representing a judgment of approximately $32 million plus post judgment interest. We covered the payment on December 11, 2022, Finally, The Gibson’s Bakery Family Has Been Paid By Oberlin College (https://legalinsurrection.com/2022/12/finally-the-gibsons-bakery-family-has-been-paid-by-oberlin-college/).

It was a six year struggle for the Gibson family, which saw Grandpa Allyn Gibson and David Gibson pass away after the trial but before the appeals were concluded.

It was a six year journey for us as well, as we covered the case almost since the inception of the protests outside the bakery in November 2016, after a black Oberlin College student was stopped for shoplifting. (He was in fact shop lifting.) The ensuing accusations by the college that the bakery had a long history of racial profiling let to a lawsuit, trial, appeals, and ultimately payment. We were there the whole way:

Gibson's Bakery Thanks Legal Insurrection
Gibson’s Bakery Thanks Legal Insurrection And Its Readers: https://legalinsurrection.com/2022/09/gibsons-bakery-thanks-legal-insurrection-and-its-readers/
(See full online event: VIDEO: The Inside Story of The Gibson’s Bakery v. Oberlin College Case (https://legalinsurrection.com/2022/09/video-the-inside-story-of-the-gibsons-bakery-v-oberlin-college-case/))
https://www.youtube.com/watch?v=d6yUcMp8gk4

https://www.youtube.com/watch?v=d6yUcMp8gk4

Along the way, for those of you paying careful attention, a controversy bubbled up as to whether the college’s insurers would cover the verdict. We covered the potential dispute on June 9, after the $11 million compensatory verdict, but before the $33 million (eventually reduced) punitive verdict, EXCLUSIVE: Oberlin College insurer likely to reject coverage for Gibson Bakery $11 million verdict (https://legalinsurrection.com/2019/06/exclusive-oberlin-college-insurer-likely-to-reject-coverage-for-gibson-bakery-11-million-verdict/):

A jury has awarded Gibson’s Bakery and its owners $11 million in compensatory damages (https://legalinsurrection.com/2019/06/verdict-jury-awards-gibsons-bakery-11-million-against-oberlin-college/) against Oberlin College, for libel, intentional interference with business, and intentional infliction of emotional distress. The punitive damage hearing next week could add another $22 million, bringing the total to $33 million….

An obvious question, and one a lot of people have been asking, is whether the college has liability insurance to cover the verdict.

Based on court filings obtained by Legal Insurrection Foundation, it appears that the insurer, Lexington Insurance Company, is likely to disclaim coverage for the intentional torts which gave rise to the verdict.

The likelihood of refusal to cover the verdict was revealed in a May 1, 2019, Motion to Intervene (https://www.scribd.com/document/412749312/Gibson-s-Bakery-v-Oberlin-College-Lexington-Ins-Co-Motion-to-Intervene) (pdf. (https://legalinsurrection.com/wp-content/uploads/2019/06/Gibsons-Bakery-v.-Oberlin-College-Lexington-Ins-Co-Motion-to-Intervene.pdf))(full embed at bottom of post) filed by Lexington Insurance Company.

The purpose of the motion, according to Lexington, was “for the limited purpose of submitting interrogatories to the jury in order to determine facts at issue in this action that would impact coverage under its policy.”

I then extensively quoted the Lexington Motion, which previewed how it would disclaim coverage and how the nature of the claims and verdict would be important:

Here is an excerpt from Lexington’s motion setting forth the nature of the insurance coverage (emphasis added):

Lexington issued a Commercial Umbrella Liability policy that potentially provides coverage to defendants Oberlin College aka Oberlin College and Conservatory (“Oberlin”) and Meredith Raimondo for certain damages in this action. Lexington seeks intervention in this action for the limited purpose of submitting interrogatories to the jury in order to determine facts at issue in this action that would impact coverage under its policy.

The Lexington policy does not provide coverage for “bodily injury” or “property damage” intentionally caused by defendants. While the Lexington policy potentially provides coverage in relation to “personal and advertising injury,” defined to include defamation and/or disparagement in certain circumstances, the Lexington policy excludes any such coverage if “personal and advertising injury” is caused “with the knowledge that the act would violate the rights of another … ,” or if the insured published material it knew to be false. Further, the Lexington policy provides coverage for punitive damages insurable by law, but only where the corresponding award of compensatory damages is also covered by the Lexington policy. In this action, plaintiffs Gibson Bros., Inc., Allyn Gibson, and David Gibson allege that defendants Oberlin and Ms. Raimondo published material that falsely characterized the bakery owned by plaintiffs (“Gibson’s”) as being a racist establishment. While such allegations potentially implicate “personal and advertising injury,” plaintiffs also alleged that the statements were published with malice, were intended to injure plaintiffs’ business reputation, and were part of a purported campaign to harm plaintiffs. If it is established that the defendants knew the alleged statements were false, or if the defendants knew their alleged acts would violate plaintiffs’ rights, the Lexington policy would exclude coverage for any resultant damage. Thus, Lexington seeks to intervene in order to submit jury interrogatories to determine the extent of the defendants’ knowledge in relation to the alleged publications.

Further, the Lexington policy provides coverage for punitive damages only when the punitive damages are assessed relative to covered compensatory damages. Here, plaintiffs seek punitive damages for the claims of libel, tortious interference with contract, tortious interference with business, intentional infliction of emotional distress, and trespass. Only the libel claim is potentially embraced by the Lexington policy. Thus, Lexington seeks to intervene in order to submit jury interrogatories and instructions to determine what punitive damages, if any, correspond to each cause of action.

The motion then sets forth Lexington’s inability to gain cooperation as to jury interrogatories from the college:

In particular, Lexington affirmatively requested on several occasions that the defendants submit jury interrogatories and instructions as proposed through this motion. Lexington also inquired as to when proposed jury interrogatories and instructions were due, and was informed on April 27, 2019 by defense counsel for Oberlin and Ms. Raimondo that there was currently no deadline set by the Court and that the deadline would probably be several weeks away. Lexington advised the defendants that Lexington understood the defendants would adopt Lexington’s request to submit jury interrogatories and instructions as outlined by Lexington. On April 27, 2019, the defendants responded that they would inform Lexington of their position on April 29, 2019. Defendants did not inform Lexington on April 29, 2019 as represented and, as such, Lexington is acting out of an abundance of caution in the form of this motion, as Lexington remains uncertain of defendants’ position, despite repeated communications and requests by Lexington.

The motion then sets forth the history of Lexington fighting with Oberlin College as to insurance coverage:

After tender of the lawsuit, Lexington informed the defendants that the Lexington policy did not respond to certain claims in the lawsuit. In particular, based on the claims that remain in the lawsuit, Lexington advised that the Lexington policy only potentially responds to the libel claim, . but that the Lexington policy is excess to other insurance provided through a commercial general liability policy issued by College Risk Retention Group, Inc. (“CRRG”) and an Educator’s Liability policy issued by United Educators (“UE”) in relation to the libel claim. Lexington further advised that the Lexington policy only embraces punitive damages when assessed relative to covered compensatory damages that implicate the Lexington layer of coverage. (Affidavit of Patrick Fredette (“Fredette Aff. ‘), ,r 3). In this regard, Lexington’s coverage, if any, is also excess to the UE policy not simply for any covered liability arising out of the libel claim, if any, but also any covered punitive damage award, subject to the $1 million cap in the UE policy for such damages. (Id.).

After quoting from the Lexington motion, I concluded;

Accordingly, based on Lexington’s court filing, it is likely that Oberlin College, should its post-trial motions and appeals fail, will have to pay out of pocket and then sue Lexington.

And so it has come to pass. I was alerted by a Legal Insurrection reader to a story in the local Chronicle-Telegram, Oberlin College sues 4 insurance companies over Gibsons Bakery settlement (https://chroniclet.com/news/361165/oberlin-college-sues-4-insurance-companies-over-gibsons-bakery-settlement/):

Oberlin College has sued four of its insurance providers in Lorain County Common Pleas Court to force them to cover the multimillion-dollar judgment that Gibson’s Bakery won against the college in 2019.

The college filed suit in April against Lexington Insurance Company of New York; United Educators Insurance of Bethesda, Maryland; Mount Hawley Insurance Company of Peoria, Illinois; and StarStone Specialty Insurance Company of Cincinnati.

Oberlin College claimed the insurance companies wrongfully refused “to honor promises they made in their respective policies to protect the interests of Oberlin College” and its former vice president and dean of students, Meredith Raimondo.

The case assigned to Judge Chris Cook, who was not the trial judge (that was John Miraldi). The Chronicle-Telegram quotes and paraphrase various aspects of the pleadings:

At the time of the events that led to the Gibsons lawsuit, Oberlin College said it had insurance policies providing “at least $75 million in total insurance coverage, which is more than enough to pay the underlying judgment and substantial unpaid defense costs” it incurred in the nearly six-year legal battle.

The college got $1 million from one of its insurance companies, but “also incurred millions of dollars in defense costs pursuing its appeals,” according to the lawsuit. The lawsuit did not give an exact dollar amount the college spent on legal fees.

Oberlin College’s insurance policies included $25 million in commercial umbrella liability coverage from Lexington; $10 million from Mount Hawley; $5 million from StarStone; and $25 million in overlapping educators legal liability coverage from United Educators, according to the lawsuit.

“These policies were intended to provide seamless coverage for lawsuits like the Gibson litigation,” according to the lawsuit. “Unfortunately, the defendant insurers have failed to pay a penny toward the $36,590,572.48 sum that Oberlin paid the Gibson plaintiffs. They also have failed to pay for the full cost of Oberlin’s appeals, which were pursued at the behest of the insurers in order to reduce their collective exposure.”

The insurers allegedly told the college that “some, if not all, of the damages” would be covered, according to the lawsuit.

Instead, Lexington and United Educators allegedly “engaged in a systematic, multi-year effort to avoid their coverage obligations by attempting to shift responsibility from the Gibson lawsuit to each other,” other insurance companies or the college, according to the lawsuit.

Lexington and United Educators also allegedly “both had numerous pretrial opportunities to resolve the underlying litigation for a small fraction of the eventual verdict” and could have settled the case for for less than $10 million on the eve of trial, according to the lawsuit. The college had even demanded the insurance companies do so, according to the lawsuit.

None of them did, according to the lawsuit, with Lexington failing to pay “a single cent” and Oberlin College facing “complete abandonment” by United Educators.

Mediation between the college and United Educators failed in early 2021, and the insurance company refuse to renew Oberlin College’s policy after a 34-year policyholder relationship, according to the lawsuit.

I am in the process of obtaining the case pleadings and motions and likely will have more details. Our six year journey continues, as we will now follow this insurance lawsuit.

Have you ever rooted for insurance companies ever? There’s a first for everything.

Anti Federalist

08-06-2023, 07:41 PM

The Roach strikes again!

You must spread some Reputation around before giving it to Occam's Banana again.