Posted on 06/28/2019 5:34:35 PM PDT by jeannineinsd
Gibson’s Bakery Attorneys at TPM address misleading statements made by Oberlin College OBERLIN, OHIO: An Ohio jury recently sent a clear message in the case of Gibson’s Bakery v. Oberlin College: The truth still matters.
After an intense trial that lasted nearly six weeks, the 134-year-old family bakery was awarded $33.2 million in punitive damages in addition to $11 million in compensatory damages. But despite the jury’s verdicts against Oberlin College and its Vice President and Dean of Students on libel, tortious interference with business relationships and intentional infliction of emotional distress, officials at Oberlin College continue to propagate a narrative that the case is an issue of free speech.
To bring further light to the testimony heard by the jury, attorneys representing the Gibson family have published a list of frequently asked questions outlining the arguments and evidence presented at trial. The 56-page document, containing court exhibits and trial transcripts, is available at www.lawlion.com.
“In the wake of the national attention the verdict has received, we believe the public has a right to know the facts of this case as they were presented to the jury,” said Lee Plakas, managing partner of Tzangas Plakas Mannos Ltd. “When forming an opinion on this case, it is important to rely solely on the facts. The evidence presented to the jury speaks for itself.”
The record-setting judgment has attracted national attention. It stems from events that occurred in November 2016, when three black Oberlin College students were arrested following a shoplifting incident at Gibson’s Bakery. The next day, protesters descended on the small family-owned store claiming the arrests were a result of racial profiling. In a protest comprised of Oberlin students, with evidence of involvement by faculty and administrators, the Gibsons were publicly shamed as racists with a longstanding history of discrimination. And a boycott was called for Gibson’s Bakery.
The jury was presented with substantial evidence that Oberlin College aided students in the dissemination of defamatory materials and ordered the suspension of a more than 100-year-old business relationship. In court, the college presented no evidence of racial profiling or discrimination by Gibson’s Bakery. Additionally, the students involved in the shoplifting incident confessed to their crimes and admitted the arrests were not racially motivated.
The jury also heard evidence that the college clearly acted in ways that went far beyond ensuring a safe environment for protesters. This included passing out flyers that the Court determined to be libelous per se, issuing instructions through a bullhorn, purchasing gloves, refreshments, and food for the protesters, suggesting college facilities for protesters to print flyers, and allowing a defamatory student senate resolution to remain posted in the student union for more than a year.
“The recent efforts of Oberlin College and President Carmen Twillie Ambar to reframe this case as a First Amendment issue, while undermining the jury’s decision, should be incredibly concerning to us all,” said Plakas. “Even after the jury’s verdict, the college refuses to take responsibility for its actions.”
The Gibson family’s legal team included TPM Attorney Lee E. Plakas serving as lead counsel and Attorneys Brandon W. McHugh and Jeananne M. Ayoub serving as trial counsel
Oberlin College's President has been doing a press tour claiming that this is a first amendment case, that the college is being held responsible for the speech of the students, and that Oberlin College did not libel the Gibson's.
Gibson's lawyers issued this 56 page document showing the evidence against Oberlin College and its Dean Raimondo. The PDF highlights the evidence presented against Oberlin College at trial, the eyewitness testimony, the electronic communication between college administrators, and the jury forms declaring that Oberlin College did indeed libel the Gibsons Bakery.
The printouts of the electronic communication are devastating to Oberlin College. Administrators are talking about "smearing the brand" of the Gibsons, "unleashing the students" "raining fire and brimstone" on the bakery. There is an email discussing restoring the college's contract with the bakery only if a solution to shoplifting is found outside the legal system.
The press release quoted above is here.
That Bakery must be closed for business by now, after all the law suits, correct? That area would not be conducive to doing proper business transactions anymore.
Their website says:
Hours are 7am to 11pm, seven days a week.
https://www.gibsonsbakeryandcandy.com/hours
Gibson's Bakery 1885 to 2019 (And Beyond):
Incredible. I’d have expected them to have shuttered the business after all that friction. I’m glad they have stood fast. Obviously, they do not require the school to keep their shop running smoothly.
This is the sort of insanity we get when Leftists never have to deal in the real world on a day-to-day basis. They’re so self-brainwashed as to their righteousness that they can’t believe it when things don’t go their way, and double down on stupid.
Oberlin, the school that did not learn.
RAH RAH REE, KICK 'EM IN THE KNEE!
RAH RAH RASS, KICK 'EM IN THE OTHER KNEE!
YES!THIS!
As I have followed the narrative, the Gibson family (3 generations) as owners, had to discharge all of the non-family employees and ran the store & bakery without pay in order to remain in business. Given the $11 million in judgement for damages, they were probably maxed out in loans and unlikely to survive a defeat. Now I wonder if the discharged employees can sue Oberlin & staff for lost wages?
Their business did take a big hit. They had a contract supplying baked goods to the college, which was cancelled. They had to lay off most of their employees. In the court case, they were able to show the financial damages caused by Oberlin College’s libel, which lead to the big damage award.
In addition to libel, another one of the claims in the lawsuit against Oberlin was tortious interference in a contract. (Gibsons contract was with a third party catering contractor to the college)
They should design a special Oberlin College donut with a bunch of holes filled with nothing but nuts and flakes and offer it to th paren o students at a ridiculously high price.
They could also do a special cake called the “44 million dollar they never learn” cake.
<><> Raimondo talked about "smearing the brand" of the Gibsons,
<><> "unleashing Oberlin students" on Gibson's business,
<><> "raining fire and brimstone" on the bakery.
<><> one email discussed a solution be found outside the legal system.
The amount of legal fees to be awarded has not yet been determined. Oberlin is very likely to end up paying a significant sum of money to the Gibson plaintiffs, since at this point interest accrues on the judgment.
It is time for the Oberlin Trustees to step in and tell the administration to settle the suit. It won't be a small sum like it would have been at the outset, but at this point they are unlikely to win on appeal.
<><> Title 18 U.S.C. §1341, Mail Fraud, 18 U.S.C.§1001, Presenting a False Document to an Agent of the US Government for funding (may involve several felonies and could include forgery);
<><> 18 U.S.C.§1027 False statements and concealment of facts in relation to documents required by ERISA enacted 1974 and other possible offenses including civil and/or criminal RICO violations.
<><> 18 U.S.C. §§1961-68 (RICO Act)18 U.S.C. §1001 (making false Statements to Agents of the US Government,
<><> 18 U.S.C. §241(Conspiracies Against Civil Rights). Violation of Civil Rights under Color of law and conspiracy. Conspiring with others to violate 4th amendment rights.
<><> Possibly full investigations centering on RICO conspiracies under 18 U.S.C. §1962(c) could be warranted because (1) the persons (2) were employed by or associated with a public enterprise (3) that engaged in or affected interstate commerce and that (4) the persons operated or managed the enterprise (5) through a “pattern” (6) of racketeering activity, and (7) the taxpayers were injured by reason of the “pattern” of racketeering activity.
<><> Alleged Offenses could include Violation of Rights – which prohibits in relevant part, “two or more persons (from conspiring) to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District
<><> Title 18 U.S.C. §2 41 – Conspiracy Against Constitutional mandates in the free exercise or enjoyment of any right or privilege secured by the Constitution or laws of the United States, or because of having so exercised the same . . .” See, 18 U.S.C. §241.
Voters should demand the following agencies commence investigations at once:
<><> FBI — Wire Fraud Division
<><> IRS-Fraud Unit
<><> Department of Justice’s Office of the Inspector General,
<><> Department of Commerce’s Office of Inspector General.
<><> DOJ’s Criminal Division— Public Integrity Section
<><> DOJ Criminal Division—Organized Crime and Gang Section.
==============================================
Call President Trump: Comments: 202-456-1111 Switchboard: 202-456-1414
US CONGRESS SWITCHBOARD: (202) 224-3121
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Comment Line: 202-353-1555 Switchboard: 202-514-2000
FBI tip line web site----https://www.fbi.gov/tips
FBI electronic fraud unit----www.fbi.gov/scams-and-safety/common-fraud-schemes/internet-fraud
FBI Major Case Contact Center: 1-800-CALL-FBI (225-5324)
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CASE IN POINT The state of Georgia tried convicted and jailed 27 corrupt educators under this law.....
<><> for falsely taking public money,
<><> for falsifying official school records, and so on.
BACKSTORY The 1980 Georgia General Assembly was concerned about the increasing sophistication of various criminal elements on the public payroll (and those in elective and appointive office). the increasing sophistication of various criminal elements on the public payroll (and those in elective and appointive office). The Georgia General Assembly then adopted the Racketeer Influenced and Corrupt Organizations Act (RICO), patterned after a similar federal law. (RICO is routinely used to try to prove that a legal business was being used for illegal means, and, in at its inception, RICO was used to prosecute drug traffickers or organized crime members).
In recent years prosecutors have applied RICO to crooked government officials: (1) those accused of using their public offices for personal gain, and, (2) tax-paid officials of govt agencies using public monies to flout the law. To bring a case under Georgias RICO law, there must be at least two underlying felonies such as fraud, bribery, witness tampering (among other felonies). RICO allows prosecutors to include multiple defendants charged with various crimes in the blanket indictment, and to charge that govt employees, publicy-funded and publicly-sanctioned entities were allegedly part of an ongoing criminal enterprise.
EXAMPLE A govt official commits two felonies by (1) accepting, and, (2) filing falsified documents.
ITEM---Any public official using tax dollars to flout that law is a lawbreaker.
ITEM-- in cases where govt officials on the public payroll not giving public notice is a violation at the federal level of the 1946 Administrative Procedure Act, which requires notice in the Federal Register. Laws demand that taxpayers have the opportunity to submit views in writing.
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If proof is established that RICOed criminal public officials impaired the region's commercial and economic activity, that could also be prosecutable under the Hobbs Act.
Gibson’s Bakery reacts to $11 million verdict against Oberlin College.
https://www.youtube.com/watch?v=8ZfsoPoWidw&t=11s
Good. The Oberlin people can’t stop lying.
I doubt that the plaintiffs are interested in settling.
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