Posted on 06/02/2022 7:46:07 PM PDT by Steely Tom
Attorneys for Gibson's Bakery in Oberlin have asked a Lorain County judge to order their clients be paid a $36 million-plus judgment they're owed by Oberlin College after the college failed to file an appropriate motion with a state appeals court.
Oberlin College didn't ask for a stay of a 9th District Court of Appeals ruling in March that rejected its appeal, attorneys for the Gibsons argued in a court document filed Friday.
As a result, the college should pay what a jury and court determined was owed the family bakery and its owners from a 2019 civil trial — plus interest, attorneys for the Gibsons argued.
The 9th District Court of Appeals rejected appeals by both the college and the bakery in March.
Oberlin College appealed to the Ohio Supreme Court two weeks ago. The NAACP, the Ohio Chamber of Commerce, the National Coalition Against Censorship and Defending Rights and the Student Press Law Center have filed briefs in support of the college.
In the motion filed in his court Friday, Gibson Bros. Inc. and the estates of the late David Gibson and Allyn W. "Grandpa" Gibson asked Lorain County Common Pleas Judge John Miraldi to award them the $36,127,181 they're owed.
The original award was $31,614,531 on the "date of filing," or July 17, 2019, according to the Gibsons. That comes with an interest rate of 5 percent over the 1,045 days since.
The interest payments on the judgment adds more than $4.5 million to the final bill the Gibsons are seeking from Oberlin College.
Oberlin College got an appeal bond through Zurich American Insurance Co. after Miraldi ordered the college to do so in July 2019. Also called supersedeas bonds, appeals bonds ensure a monetary judgment can be paid if an appeal fails.
Oberlin College posted the appeal bond after the jury initially awarded the Gibsons $44 million in damages. It was the largest damage award for libel in Ohio history until Miraldi reduced it to $25 million based on Ohio caps on civil damages.
As long as the judgment stands against it, Oberlin College also owes the Gibsons $6.5 million in attorney fees.
After Oberlin College's most recent appeal failed, the Gibsons intend to collect, their attorneys wrote.
"There is no valid stay of execution of judgment remaining, and the Gibsons are entitled to judgment in accordance with the mandate from the 9th District Court of Appeals," their attorneys wrote.
"Nearly three years ago, a jury of Lorain County citizens took an oath, served through a nearly six-week trial, carefully deliberated, and found Oberlin College and its dean of students (Meredith Raimondo) liable for their ruinous accusations and intentional conduct aimed at the Gibsons," their attorneys wrote. "Much has happened since, including the tragic deaths of David and Allyn Gibson — neither of whom lived to see justice done for their family and its business."
"The bakery continues to labor under the effects of the stigma created" by Oberlin College and Raimondo, the Gibsons' attorneys wrote, "but without the relief awarded by the jury."
It's now within Miraldi's power to enforce the court's original judgment and "honor the jury's verdict," they wrote.
"It is time to execute on the judgment awarded by them, entered by this court, and affirmed by a unanimous panel of the Ninth District Court of Appeals," the Gibsons' attorneys wrote.
The college has relied on an argument it was simply trying to protect students' rights to protest the bakery after three students were arrested there in November 2016 in a shoplifting incident and assault.
The students pleaded guilty to misdemeanors, but the college stopped doing business with the bakery for some time after, and allegedly tried to make the criminal case against its students go away.
Raimondo allegedly distributed fliers calling the bakery "racist" during the protest, and as Student Senate adviser allowed a similar resolution to remain posted in a campus building for weeks after.
When the bakery and the college couldn't come to an understanding — the college said the Gibsons demanded money — the Gibsons sued.
Note that the chamber of commerce is backing the college
Because most Chambers are as Communist as the worst traitors amongst us.
I would love to see Oberlin bankrupt and it’s faculty and and administrative staff mowing lawns and flipping burgers for a living (although I wouldn’t want to eat anything they’d touched). It’s just that so far they’ve been able to get away with it. And liberal judges in cahoots with the college could let them get away with it.
As far as assets go I’m sure they have some endowment money that could be seized
“ As far as assets go I’m sure they have some endowment money that could be seized.”
In May 2021 Oberlin announced the assets in its endowment exceed $1 billion. Oberlin has the money. Will the courts enforce the judgement?
In this case "WRIT OF EXCERCUTION." that would mean, the insurance carrier would be forced to sign / endorse the bond (check) that is in the file / courts purse, courts procession, if you will.
I.e., they would receive payment after the Writ were issued, maybe 5 min. or less.
Make no mistake, the next court date, someone should be walking out of the courthouse with a very big check / bond. Hearing should last no more than five minutes at best, after Oberlin College makes its last ditch effort, of crying and whining, a.k.a., bitching and moaning why they shouldn't have to pay for their mis-deeds.
“I seem to remember reading that someone at Oberlin said they had no intention of paying and were never going to pay.”
From Oberlin’s website re Oberlin’s endowment:
“Total endowed funds as of June 30, 2020 were $937.0 million, as compared to $925.0 million the previous year, an increase of $12.0 million. In comparison, total endowed funds increased by $37.6 million in the fiscal year ended June 30, 2019, from $887.4 million at June 30, 2018.”
IF that doesn’t work, I think a write of attachment attaching tuition payments from students and student loan direct payments from the federal government will do the trick. Also, calleges get tons of money from grants. It would be pretty easy to find out the grantors and then attach the stream of money coming in on the grants.
And it that doesn’t work, wouldn’t it be nice to sell the administration building for pennies on the dollar? And then the music building and then . . .
And what about those athletic trophies from 1910. They must have some value.
This is a target rich environment for attorneys who have done post-judgment collections.
Of course with an appeals bond, none of that matters. Oberlin’s insurance company will pay and Oberlin will pay the insurance company.
Oberlin has one mother of an asset...
https://www.oberlin.edu/investment/assets
“Total endowed funds as of June 30, 2020 were $937.0 million, as compared to $925.0 million the previous year, an increase of $12.0 million. In comparison, total endowed funds increased by $37.6 million in the fiscal year ended June 30, 2019, from $887.4 million at June 30, 2018.”
I think you are spot on. I cannot believe the Chamber’s position on open borders. Twenty to thirty million new voters who don’t care much for property rights and small business ownership.
Who wrote this article, Oberlin’s PR team?
What a bunch of scoundrels.
Michelle Malkin might be able to assemble some counterprotesters. She is also friendly with Glenn Beck, who can publicize any gathering.
Oberlin Alumna Michelle Malkin To Oberlin College Following Lawsuit Loss: “You Had It Coming”
That sounds awesome, actually. Especially gluing themselves to roads and sidewalks. The more they dehumanize their behavior, the weirder they look.
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