Another Day Older and Deeper in Debt

The judge in the Gibson’s Bakery case has ordered Oberlin College to post a $36 million dollar bond if it appeals the $31.5 judgment against it. An appeal could require several years, and interest on the judgment is piling up at the rate of several thousand dollars a day. It seems that the judge believes Oberlin’s claims of financial distress and wants to make sure that the plaintiffs can collect their judgment after the college’s appeals are exhausted.

Gibson’s Bakery Jury Awards Triple Damages

Last week, the jury in the Gibson’s Bakery v. Oberlin College lawsuit awarded a total of 11.2 million dollars in compensatory damages to the plaintiffs. Today, the jury awarded punitive damages as follows:

David Gibson – $17.5 million punitive damages
Allyn W. Gibson — $8.75 million punitive damages
Gibson Bros. Inc. (the Bakery) – $6,973,500 punitive damages

These awards will probably be reduced because they exceed the twice compensatory damage cap in Ohio law.

UPDATE—The jury also awarded attorney’s fees to be determined by the judge.

Educational Mismanagement

My podcasting partner Stacy McCain about what might be called the managerial malpractice of the SJW coterie that has run Oberlin College for the past decade or so. The college is claiming that a significant punitive damage award in the Gibson’s Bakery case could put it out of business.

One of the commenters (Sort-of-Mad Max) suggests:

I don’t know, maybe they could have a…bake sale?


Read the whole thing.

Meanwhile, Back at the Court House …

Legal Insurrection reports that the judge in the Gibson’s Bakery v. Oberlin College case has ruled that the jury won’t be allowed to see the Oberlin email criticizing them, but he also ruled that the jury will be allowed to authorize the court to add attorneys’ fees to the award in addition to any punitive damages.

As we understand the procedure, the jury will get to determine whether to give the judge the power to award the Gibsons attorney’s fees. If the jury so authorizes, the amount will be up to the judge. It’s unclear to us whether the judge could award the amount of the contingent fee (which presumably is the basis on which the plaintiffs’ lawyers took the case), because if so, that could add many millions to the ultimate judgment. Even at an hourly rate, it still would be substantial.

Oberlin filed a motion for a mistrial. The motion was denied, and the case will now proceed to the punitive damages phase.

An Uninsured Loss?

Legal Insurrection reports that the insurance carrier for Oberlin College has notified the school that while its policy does cover a defamation claim, it does not cover some of the other torts claims in the Gibson’s Bakery lawsuit. The insurance company has filed a motion to intervene in the case to find out what proportion of the $11,000,000 verdict was for defamation.

Social Justice Warfare Update

A small, family-run bakery has taken Oberlin College to court, alleging that the school defamed the family and its business through its active support of student SJWs who were protesting the business’s treatment of shoplifters. Today, a jury awarded the bakery and several family members of total of $11,000,000 in damages. A punitive damages phase of the trial will begin next week which could raise the award as high as $33,000,000.

You can read more about the verdict at Legal Insurrection.

UPDATE—My podcasting partner Stacy McCain has some thoughts on the matter here.