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2019-09-01 Home Front: Culture Wars

Oberlin College wants new trial in Gibsons case

Trying to make the process the punishment, and also not to have to pay out tens of millions to the people they so badly wronged.

[CHRONICLET] Citing errors in the six-week trial that led to a multimillion-dollar legal judgment in favor of Gibson's Bakery and the Gibson family, Oberlin College has asked a judge for a new trial to be held in the case.

More than 540 pages of legal arguments and exhibits were filed Aug. 14 by Oberlin College attorneys asking Lorain County Common Pleas Judge John Miraldi to order a new trial.

Attorneys for the Gibsons fired back with more than 125 pages of legal arguments and exhibits of their own Wednesday, asking Miraldi to strike down the college's request.

Attorneys for Oberlin College cited errors in the jury interrogatories and instructions; mistakes in the allocation of compensatory damages; failure of the court to move the trial's venue; errors in instructions on the definitions of libel and actual malice; incorrect and over-broad instructions by Miraldi; improper introduction of evidence; the awarding of "excessive" damages and a host of other issues in the 310-page filing.

They also filed a 232-page motion for judgment notwithstanding the verdict, alleging that the jury ordered the college not to pay for its behavior and the behavior of one college official but for "statements that Oberlin College students ‐ not Defendants ‐ made during peaceful, lawful, and constitutionally protected protests on issues of public concern."

A Lorain County jury early this summer awarded Gibson's Bakery and the Gibson family more than $44 million in compensatory and punitive damages from Oberlin College and Vice President and Dean of Students Meredith Raimondo for libel, intentional infliction of emotional distress and interference with business relationships.

At the time, it was the largest civil award for libel in Ohio history. Miraldi later reduced the award to $25 million due to caps on damages allowable under Ohio law, but tacked on additional attorney fees payable to the Gibsons and their legal counsel.

Posted by Fred 2019-09-01 00:00|| || Front Page|| [4 views ] Top

#1 A disturbing summary of this insane affair, by a former Oberlin prof who headed up the Jewish Studies department for two decades, writing in the right-of-center, usually-sane journal Commentary, is here

Posted by Lex 2019-09-01 01:40|| 2019-09-01 01:40|| Front Page Top

#2 ...So they haven't come up with the bond yet, eh?

Mike

Posted by Mike Kozlowski 2019-09-01 07:02|| 2019-09-01 07:02|| Front Page Top

#3 incorrect and over-broad instructions by Miraldi

I'm no legal expert, but telling the judge 'you fucked up' is not the most solid of bases on which to pin your appeal.

Posted by Raj 2019-09-01 07:08|| 2019-09-01 07:08|| Front Page Top

#4 They're Lefties. They won't give up till they are dead. In the end there can be only one.

Posted by Procopius2k 2019-09-01 07:33|| 2019-09-01 07:33|| Front Page Top

#5 For them it's a matter of principulzz. They can find funding to fight a thousand cases until it rules their way, but not to pay up.

Posted by Dron66046 2019-09-01 07:55|| 2019-09-01 07:55|| Front Page Top

#6 There are potential criminal charges against the admin. Just do it.

Posted by Varmint Splat1454 2019-09-01 09:14|| 2019-09-01 09:14|| Front Page Top

#7 Fine..hold the trial and let the fines double to $88M with Oberlin paying the court costs. You want to double down? You got it.

Posted by Warthog 2019-09-01 10:31|| 2019-09-01 10:31|| Front Page Top

#8 For the curious: Cornell Law Prof William Jacobson has been following this closely from the beginning at his blog, legalinsurrection.com. That's a wonderful resource - indispensable and highly recommended.

Also, for those who care to immerse themselves in the sordid details of Oberlin administrators' and students' unbelivably stupid, shitty behavior, here is a thorough and precise "FAQ" document put out by the Gibson family's lawyers, the Lee Plakas firm - read the whole thing.

It's simply astonishing... something out of a Tom Wolfe novel.

Also infuriating. Oberlin is led by vile, disgusting
people.

Posted by Lex 2019-09-01 10:39|| 2019-09-01 10:39|| Front Page Top

#9 It's simply astonishing... something out of a Tom Wolfe novel.

Not Kafka?

Posted by g(r)omgoru 2019-09-01 10:46|| 2019-09-01 10:46|| Front Page Top

#10 Kafka's subject was cosmic absurdity - not the grinding, all-too-human, shitty nastiness that results from ordinary human arrogance and stupidity.

For that you need a satirist skilled in social portraiture, like Voltaire or Dickens or Tom Wolfe.

Posted by Lex 2019-09-01 10:57|| 2019-09-01 10:57|| Front Page Top

#11 Kafka's subject was cosmic absurdity - not the grinding, all-too-human, shitty nastiness that results from ordinary human arrogance and stupidity.

typically features isolated protagonists facing bizarre or surrealistic predicaments and incomprehensible socio-bureaucratic powers

Google also (Russian) term "Samodurstvo"

Posted by g(r)omgoru 2019-09-01 11:03|| 2019-09-01 11:03|| Front Page Top

#12 Thanks, grom.

Oberlin's social justice idiots don't teach anywhere near the level of power or harm or mechanistic brutality that you associate with the USSR or the Third Reich or Maoist China.

The Oberlin people are just petty little shitheads who have figured out how to scam their way into mid 6-figure salaries for doing nothing except posturing and preening at a babysitting institution for spoiled "diversity" children.

Posted by Lex 2019-09-01 11:51|| 2019-09-01 11:51|| Front Page Top

#13 Oberlin's social justice idiots don't teach anywhere near the level of power or harm or mechanistic brutality that you associate with the USSR or the Third Reich or Maoist China.

Same kind of people - just give them time.

Posted by g(r)omgoru 2019-09-01 11:56|| 2019-09-01 11:56|| Front Page Top

#14 Also infuriating. Oberlin is led by vile, disgusting
people.

Yes, but the reason they think they can do this is because our thoroughly rotten institutions (the courts, law enforcement) can be counted on to actively cooperate in their efforts.

That's where the real problem lies.

Posted by charger 2019-09-01 15:17|| 2019-09-01 15:17|| Front Page Top

#15 These colleges get their money via federal student loans. Most of the time federal means liberal lawmakers who pay them to pump leftist crap into young people's minds.

Follow the $$$.

Posted by Phaick Uneretle6310 2019-09-01 21:36|| 2019-09-01 21:36|| Front Page Top

#16 Typical left - keep asking for a do-over until you get the result you want, ignoring law and precedent, and objective reality.

Posted by Injun Bucket8891 2019-09-01 22:23|| 2019-09-01 22:23|| Front Page Top

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