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.
yes ... 2 questions ... when will it change? how will it change?
I see... thanks!
Zurich is trying to delay payment of the Bond until next year - it is up to the Ohio Supreme Court to end this and force Zurich to pay Gibson’s
It’s obvious you know nothing of the case itself, including what the college employees did to cause such a judgement against them, and why the college was found libel. The judgement was not due to the words of the students, but rather the actions of the college administrators.
I suggest you spend some time learning the facts prior to just spouting such nonsense.
Part of the libel was professors acting as agents of the college. They actively and persistently pushed the racist narrative and encouraged students to do the same.
CC
Welcome to the forum. Dont be put off by the sometimes caustic give and take of some of the posters. Your initial comments about the decision seemed quite reasonable to me. We both now understand from later comments that the college was indeed culpable in unfairly targeting the bakery. Let the court’s decision and hefty monetary judgment deter other institutions from such unprincipled behavior.
Yeah, the college took “it” and ran with it and amplified it, and that was the eyebrow-raiser, culminating in the contract cancellation. The students, on their own, had the perfect right to boycott Gibson’s and speak out and make noise and even march in front of the store had they so chose.
Go back to court and demand money be transferred from one of their massive accounts.
IE treat them like every man the court says owes child support. They ought to do it since oberlin has failed to pay.
Welcome newbie...
How about telling us which government agency you are representing here...
Every day that goes by, one of the Oberlin faculty needs to be imprisoned for contempt of court.
I sincerely doubt that it would take much more than the president, finance vp, and comptroller going to jail for them to get the message...
As a life long accounting person with 65 years experience, I am guessing that $4300 a DAY is more than the usual daily profits of any bakery.
Do you like cheese?
“Legal Insurrection” has covered the case extensively. I suggest you educate yourself of the details. This was not about free speech.
What's remarkable is that you are obviously completely ignorant of what happened but feel qualified to make a complete ignorant comment anyway.
Unfortunately this isn’t a California judgment, which carry interest at 10% simple interest on the judgment Thatd be over $9 million so far. The Supreme Court of Ohio isn’t going to reverse this. I love for the day the plaintiffs get to start levying on the college assets
The administration for the college ACTIVELY slandered the Gibsons. Read the article.
Pay up, you cocksuckers, you are in the wrong and should be penalized for your crime.
Pay up!
Oberlin, ain’t what it once was!
Pay up, you woke-ass turds!
It always warms my heart when a noob meets several members of the class of ‘98. 😄
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