Posted on 07/01/2022 4:24:35 PM PDT by Steely Tom
Attorneys for Gibson's Bakery and the Gibson family have once again filed documents with the Ohio Supreme Court opposing Oberlin College's request to halt payment of the more than $36 million the college owes the family and their business after losing a lawsuit.
The matter remains on appeal before the state's highest court. It isn't known when the Ohio Supreme Court might hear arguments in the case.
"The Gibsons have correctly completed every step necessary to properly execute" a jury's award and Lorain County Common Pleas Judge John Miraldi's 2019 judgment, the family's attorneys wrote in a motion filed with the state's highest court on Tuesday.
The family and their 137-year-old business won the largest award ever handed out for libel, intentional infliction of emotional distress and interference with business relationships in 2019.
The judgment came almost three years after Oberlin College students protested alleged racism by the bakery and its owners against students of color. Those allegations arose after three students were arrested following a shoplifting incident and assault on a store clerk in November 2016.
Jurors found that Oberlin College and its officials, including former Vice President and Dean of Students Meredith Raimondo, libeled the bakery and co-owners David Gibson and Allyn "Grandpa" Gibson and damaged their reputation by allowing students to declare them racist, hand out flyers and put up unchallenged resolutions on campus saying as much.
The college argued it was protecting students' free speech, and a number of free speech organizations, the NAACP and the Ohio Chamber of Commerce have backed those arguments.
It's too late for the college to ask the court to rescue it from paying the nearly $32 million in damages and attorney fees Miraldi awarded the Gibsons, plus another $4.5 million in interest and counting, their attorneys wrote.
"There is no reason for this court to now entertain Oberlin's motion when its own inaction has already directed the outcome in this matter," the Gibsons argued.
An appeals bond the college obtained from Zurich American Insurance Co. to guarantee payment could be made should its appeals fail should immediately be paid to the family and the bakery, the Gibsons argued.
The conditions for paying the bond have been met and "immediate payment is due," their attorneys wrote.
Miraldi's previous ruling suspending his own judgment doesn't relieve Oberlin College from its obligation to seek a similar stay from the Ninth District Court of Appeals, state law allows it, and Miraldi doesn't have the power to stay a judgment through the entire appeals process, the Gibsons' attorneys argued.
The bond also isn't enough to halt the judgment against the college throughout the entire appeals process, and interest continues to pile up at a rate of more than $4,300 per day.
The Akron-based appeals court previously rejected Oberlin College's arguments on appeal, as well as arguments made by the Gibsons and their attorneys that caps on monetary damages in civil cases are unconstitutional.
Once again, leftist organizations are exempt from the law. This will change, folks.
when? and how?
That’s a little remarkable, that a college can be found guilty of libel for what some of its students do... I mean, I don’t think anyone should be called a racist, cause first of all, how do you know, and second, what good does it do, but really... I would have thought such activity was protected.
Well, I guess I should have known after discovering that there actually is no right to a speedy trial, and that the double jeopardy provision doesn’t actually prevent the states and the feds (and the Indians, for that matter) from all coming after you for one crime lol... I guess it’s time for us all to accept that the Constitution is a dead letter, and just move on...
I really hope the Gibson’s end up taking over Oberlin and selling it for scrap. I know it won’t happen — just a dream.
Sell the campus to the NRA.
Like one poster said: pay up morons, or the sheriff will start padlocking the dormitories.
Wouldn’t that be fun?
Welcome to FR!
Wonder what the insurance company thinks about co-signing these morons?
Talk about bad fiduciary decision making.
In lieu of never receiving anything, is there any way they could sell the debt they are owed to Hunter?
The college sponsored the production and distribution of flyers libeling Gibson’s as racist and canceled a longstanding contract w/Gibson’s to supply baked goods to the school cafeteria in alignment with whatever activities the students undertook. They are not just a fully participating party in the libel, they apparently took (over) the lead in it. The students may have reacted the way they did, per their rights as you say, but they are not a party to the suit nor the judgement. Nobodys’ rights are being trampled other than Gibson’s, to operate a business free from exactly the type of interference that Oberlin decided to undertake. They could have remained neutral but instead chose their actions and should pay the penalty.
Foreclose.
Own Oberlin.
You’re kind of dumb and uninformed, aren’t you?
If only you imbeciles realized how obvious and transparent you truly are.
Since when is theft protected as free speech??? Oberlin and its lawyers should be sanctioned for friviolity
Beat it, troll.
When and how will it change? Is that your question?
They should be put out of business and the Campus sold to a Christian Fundamentalist Organization. 😁
Well, that makes a little more sense.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.