Posted on 08/30/2022 7:18:07 AM PDT by TheConservator
Hopefully the long, hard road Gibson’s Bakery has traveled in its fight with Oberlin College has come to an end.
The Ohio Supreme Court just refused to accept jurisdiction over Oberlin College’s appeal (the Court also refused to hear the Gibsons’ appeal seeking to reinstate the full punitive damages award). It was a 4-3 decision, and it means the Gibsons now can collect approximately $36 million.
They’ll eventually find the ‘right’ judge.
Four to Three?
That is disgusting. Should have been Six to One. Or Seven to None.
Oberlin will pay. It’s checkmate. There isn’t really a viable route into Federal Court except bankruptcy, and that would cause ten times more problems in this case than it would solve, and would only delay payment but not avoid it. Deadbeat individuals might hide assets or move to a different state, large institutions with fixed assets do not have those options. Their bank accounts are open to attachment, their receipts are vulnerable to garnishment, and their real estate and personal property are subject to liens.
It’ll put them back beneath the $1 Billion in their endowment accounts!
https://oberlinreview.org/23201/news/college-endowment-surpasses-1-billion/
Oberlin had to post an appeal bond, which they did through an insurance company. If the insurance company does not pay up, state insurance regulators will come down on them hard.
I think there is not very much question of payment once the legal issues are settled.
I* suspect, as with most other colleges and universities, that a one-time expenditure of this magnitude will force a financial reckoning of sorts within the financial support and control hierarchy which very possibly will lead to revelations of latent financial fraud/crime in handling endowment funds. Just an opinion...
The little town of Oberlin is going to lose a great retail spot that met a huge need for students and tourists. Cute college towns are being destroyed everywhere for many reasons.
Good. Oberlin had a chance to do the right thing... And the leadership thereof FAILED.
Pay up.
Ironic when you think about it. They way they don't obey the law is to find a court/judge who affirms their disobeyance
They might try the federal courts but I don’t see any cause for the feds to get involved with an intrastate civil matter. Of course todays courts don’t need the law any more if the leftists want something.
Endowments are usually untouchable. If Oberlin were to try and use it for anything other than what it's legally specified for, they'd be blocked.
Oberlin is going to have to sell furniture, real estate, and jack up the tuition to pay this debt.
“I bet Oberlin will still not pay.”
Then the Gibsons can walk in with their collection agents and start taking the computers and lab equipment to pay the debt.
The bakery should ask the court for every parking lot on campus as the first part of payment.
“Ironic when you think about it. They way they don’t obey the law is to find a court/judge who affirms their disobeyance”
Right! Oberlin going judge shopping on the Federal level. Though a FReeper legal beagle up above, says it is futile for Oberlin to try to move its self-induced mess to the Federal level.
From Legal Insurrection:
“Several commenters mention Oberlin College going to federal court. That is a long, long, long shot. The appeal would be from the Ohio Supreme Court to the U.S. Supreme Court. The likelihood the U.S. Supreme Court would agree to hear a case the Ohio Supreme Court refused to hear is not zero, but it’s approaching zero. I would not be shocked if they tried, but they would have to obtain another stay of enforcement of the judgment from the U.S. Supreme Court, another major hurdle that has little likelihood of success.”
There’s some irony in anti-capitalist woke acedemics defending their billion dollar endowment.
“Several commenters mention Oberlin College going to federal court. That is a long, long, long shot. The appeal would be from the Ohio Supreme Court to the U.S. Supreme Court. The likelihood the U.S. Supreme Court would agree to hear a case the Ohio Supreme Court refused to hear is not zero, but it’s approaching zero. I would not be shocked if they tried, but they would have to obtain another stay of enforcement of the judgment from the U.S. Supreme Court, another major hurdle that has little likelihood of success.”
—Legal insurrection
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