Oberlin College Hit With Maximum Punitive Damages

 

The civil judgement against Oberlin College for its SJW mau-mauing of Gibson’s Bakery just tripled from $11 million to $33 million. Thursday, the jury assessed the maximum punitive damages of $22 million against the school. Legal Insurrection has been all over this:

Daniel McGraw, our reporter in the courtroom, reports that in addition to the $11.2 million compensatory damages awarded last Friday, the jury awarded a total of $33 million in punitive damages, which will probably be reduced by the court to $22 million because of the state law cap at twice compensatory (it’s not an absolute cap, but probably will apply here). That brings the total damages to $33 million. We will have the breakdown soon. The jury also awarded attorney’s fees, to be determined by the judge.

Oberlin disregarded the first rule of holes – when you find you have dug yourself into a hole stop digging.

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  1. Scott Wilmot Member
    Scott Wilmot
    @ScottWilmot

    Dr. Bastiat (View Comment):

    This makes me happy.

    Does that make me a bad person?

    Not at all. I’m an Oberlin grad (1980) and I am happy too. Gibson’s was part of the college – I remember getting donuts and all other kinds of goodies there. Oberlin just lost the Woke Olympics.

    • #31
  2. Basil Fawlty Member
    Basil Fawlty
    @BasilFawlty

    Steyer and Soros can pay this off out of petty cash.

    • #32
  3. Cato Rand Inactive
    Cato Rand
    @CatoRand

    Dr. Bastiat (View Comment):

    This makes me happy.

    Does that make me a bad person?

    No, it doesn’t.

    • #33
  4. Randy Webster Inactive
    Randy Webster
    @RandyWebster

    Basil Fawlty (View Comment):

    Randy Webster (View Comment):

    RushBabe49 (View Comment):

    If I’m ever back there, Gibson’s will be my first stop.

    If someone just gave you $33 million, would you show up for work? At least the $11 million is tax-free, too.

    Depends on what you think of work.

    I like my job.  A lot.  But I’m not sure I could convince myself of the necessity if I had $11 million in the bank.  I might want to retire.  I’m 67.

    • #34
  5. AUMom Member
    AUMom
    @AUMom

    Am I glad Oberlin has to pony up a great sum? I am. 

    Did the Gibsons get what they deserve? A least part of it. 

    Do I think this Dean will actually suffer? Not nearly enough.

    Did the school get so woke they don’t educate as much as indoctrinate? It would seem so. 

    But…

    If the school closes, what about the folks who work there? The maintenance workers, the cooks, the lab assistants, the professors who actually taught the subjects they were hired to teach. While I don’t believe the injustice that was done to the bakery should go unpunished or not be a warning to other institutions, there will be innocents hurt. I wish that were not the case. 

    • #35
  6. Basil Fawlty Member
    Basil Fawlty
    @BasilFawlty

    Randy Webster (View Comment):

    Basil Fawlty (View Comment):

    Randy Webster (View Comment):

    RushBabe49 (View Comment):

    If I’m ever back there, Gibson’s will be my first stop.

    If someone just gave you $33 million, would you show up for work? At least the $11 million is tax-free, too.

    Depends on what you think of work.

    I like my job. A lot. But I’m not sure I could convince myself of the necessity if I had $11 million in the bank. I might want to retire. I’m 67.

    For a family-owned business, the availability of interested progeny often determines whether the business stays open.

    • #36
  7. Susan Quinn Contributor
    Susan Quinn
    @SusanQuinn

    If the college had apologized to the bakery after the facts had come out, they would not have been sued. Duh.

    • #37
  8. The Reticulator Member
    The Reticulator
    @TheReticulator

    AUMom (View Comment):
    there will be innocents hurt. I wish that were not the case. 

    That’s the line that some of the major news media are emphasizing. I don’t recall them emphasizing that when my employer recently set aside a half billion dollars to pay for legal work and settlements for a big sexual abuse scandal. (I’m thinking of one particular writer at Forbes who has written about both cases, but it wasn’t just him.) A university can’t pay out that kind of money without it affecting innocent people.  But that’s the way it goes.  

    • #38
  9. Randy Webster Inactive
    Randy Webster
    @RandyWebster

    Basil Fawlty (View Comment):

    Randy Webster (View Comment):

    Basil Fawlty (View Comment):

    Randy Webster (View Comment):

    RushBabe49 (View Comment):

    If I’m ever back there, Gibson’s will be my first stop.

    If someone just gave you $33 million, would you show up for work? At least the $11 million is tax-free, too.

    Depends on what you think of work.

    I like my job. A lot. But I’m not sure I could convince myself of the necessity if I had $11 million in the bank. I might want to retire. I’m 67.

    For a family-owned business, the availability of interested progeny often determines whether the business stays open.

    I agree.  But $11 million could keep a lot of progeny happy.

    • #39
  10. Western Chauvinist Member
    Western Chauvinist
    @WesternChauvinist

    AUMom (View Comment):
    If the school closes, what about the folks who work there? The maintenance workers, the cooks, the lab assistants, the professors who actually taught the subjects they were hired to teach. While I don’t believe the injustice that was done to the bakery should go unpunished or not be a warning to other institutions, there will be innocents hurt. I wish that were not the case. 

    I wouldn’t worry. Oberlin is too valuable as a progressive seminary to let it expire. I bet they’d find a way to survive (at $70k/year tuition! plus yuuge endowments) and this is all just squawk in search of sympathy. They’ll get as much from me as they gave to a multi-generational family business.

    • #40
  11. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    AUMom (View Comment):

    Am I glad Oberlin has to pony up a great sum? I am.

    Did the Gibsons get what they deserve? A least part of it.

    Do I think this Dean will actually suffer? Not nearly enough.

    Did the school get so woke they don’t educate as much as indoctrinate? It would seem so.

    But…

    If the school closes, what about the folks who work there? The maintenance workers, the cooks, the lab assistants, the professors who actually taught the subjects they were hired to teach. While I don’t believe the injustice that was done to the bakery should go unpunished or not be a warning to other institutions, there will be innocents hurt. I wish that were not the case.

    They work or an institution of evil. 

    • #41
  12. Skyler Coolidge
    Skyler
    @Skyler

    AUMom (View Comment):
    If the school closes, what about the folks who work there? The maintenance workers, the cooks, the lab assistants, the professors who actually taught the subjects they were hired to teach. While I don’t believe the injustice that was done to the bakery should go unpunished or not be a warning to other institutions, there will be innocents hurt. I wish that were not the case. 

    You know what, when I worked at a factory that ignored my advice and shipped a dangerous product because our subcomponents were defective, I and many others got laid off and the company lost 80% of its business.  When I worked at a company that was dysfunctional and completely out of control and made computers no one bought, newtons that no one bought, and had really bad lawyers and marketing, a lot of people lost their jobs. 

    So why should a university not have consequences for immoral behavior?  No pity.  

    • #42
  13. Henry Castaigne Member
    Henry Castaigne
    @HenryCastaigne

    Skyler (View Comment):

    AUMom (View Comment):
    If the school closes, what about the folks who work there? The maintenance workers, the cooks, the lab assistants, the professors who actually taught the subjects they were hired to teach. While I don’t believe the injustice that was done to the bakery should go unpunished or not be a warning to other institutions, there will be innocents hurt. I wish that were not the case.

    You know what, when I worked at a factory that ignored my advice and shipped a dangerous product because our subcomponents were defective, I and many others got laid off and the company lost 80% of its business. When I worked at a company that was dysfunctional and completely out of control and made computers no one bought, newtons that no one bought, and had really bad lawyers and marketing, a lot of people lost their jobs.

    So why should a university not have consequences for immoral behavior? No pity.

    The institution of Oberlin failed completely in it’s responsibly to mold moral and thoughtful Professionals. If anything, they encouraged immoral and bigoted behaviour among their students. Maybe the moral and decent students and Professors should consider other options. 

    • #43
  14. Gossamer Cat Coolidge
    Gossamer Cat
    @GossamerCat

    AUMom (View Comment):
    If the school closes, what about the folks who work there? The maintenance workers, the cooks, the lab assistants, the professors who actually taught the subjects they were hired to teach. While I don’t believe the injustice that was done to the bakery should go unpunished or not be a warning to other institutions, there will be innocents hurt. I wish that were not the case. 

    Oberlin also didn’t seem to mind putting the bakery out of business.  Turn about is fair play.  But I very much doubt they will go down over this.  Would be delicious if they had to lay off all their diversity staff.

    • #44
  15. AUMom Member
    AUMom
    @AUMom

    Did anyone see where I didn’t want Oberlin to pony up the $33 mil fore with? No. They deserve to pay.

    I know there are injustices in the work world. You don’t even want to hear what I think about GE and their wokeness or stupid ideas. I know the people that lost their jobs because of that. AUDad was greatly encouraged to take early retirement 7 years before he was ready for such idiocy. Maybe because I’m living reminds that I don’t want others to suffer for imbecility they played no part in. 

    Lighten up, Francis. 

    • #45
  16. James Gawron Inactive
    James Gawron
    @JamesGawron

    Gossamer Cat (View Comment):
    Would be delicious if they had to lay off all their diversity staff.

    GC,

    Oh, be still my beating heart. Yesssss!!!

    Regards,

    Jim

    • #46
  17. formerlawprof Inactive
    formerlawprof
    @formerlawprof

    Full Size Tabby (View Comment):

    Barfly (View Comment):

    Begin in 3-2-1, the appeal wars will.

    I too assume there will be appeals, and therefore have been disappointed at some of the commentariat that have made it sound like Oberlin was going to have to cut a check immediately.

    But, the success of an appeal by the college is not guaranteed, and will cost money (admittedly not much compared to a $33 million judgment). The prospect of spending a few hundred thousand dollars on appeals and possibly still needing to pay the $33 million plus attorney fees provides incentive to find an amount the Gibsons will accept to settle now.

    The cost of appealing is far higher than that. The losing party typically must post a bond more or less equal to the judgment, which means Oberlin would have to tie up $30  million for a couple of years, or (more likely) pay a bonding company a fee or a premium for the bond.

    So yes; in the end a settlement is likely before the appeal goes too far down the tracks.

    And BTW, others have mentioned appeals to the Supreme Court. Ain’t gonna happen. This is not a constitutional or federal rights case. And even if there is some little snippet of federal law at play here, the Supreme Court doesn’t sit to hear such fact-driven cases.

    • #47
  18. Mim526 Inactive
    Mim526
    @Mim526

    Randy Webster (View Comment):

    RushBabe49 (View Comment):

    If I’m ever back there, Gibson’s will be my first stop.

    If someone just gave you $33 million, would you show up for work? At least the $11 million is tax-free, too.

    I noticed from the article that these folks have been in business in Oberlin since 1885.

    • #48
  19. Mim526 Inactive
    Mim526
    @Mim526

    Quietpi (View Comment):

    While I don’t know civil law enough to claim any expertise, I suspect that an appeal only needs a couple more blanks to be filled in. It’ll be filed instantly. This is only the first round. (But it’s a great first round, eh?)

    I wonder if Gibson’s ships to California?

    From Legal Insurrection reporting re: appeals

    For those who have speculated that these jury verdicts will be pared down substantially or denied by an appeals court, that also is not good speculation. Yes, there will likely be appeals, but in order to win an appeal in a civil tort case, Oberlin College would have to prove that Judge Miraldi and the jury made egregious decision that went against Ohio law. For those of us in the courtroom, and for legal observers who know more about this than me, appeals reversals are unlikely. And Miraldi was very careful in setting the bar pretty high on evidentiary rulings.

     

    • #49
  20. tigerlily Member
    tigerlily
    @tigerlily

    Dr. Bastiat (View Comment):

    This makes me happy.

    Does that make me a bad person?

    Hell no! I hope this decision forces Oberlin into bankruptcy.

    • #50
  21. Dr. Bastiat Member
    Dr. Bastiat
    @drbastiat

    Scott Wilmot (View Comment):

    Dr. Bastiat (View Comment):

    This makes me happy.

    Does that make me a bad person?

    Not at all. I’m an Oberlin grad (1980) and I am happy too. Gibson’s was part of the college – I remember getting donuts and all other kinds of goodies there. Oberlin just lost the Woke Olympics.

    I played football at Denison in the late 1980’s.  Oberlin was in our conference.  At that time, Oberlin’s entire student body was gay, except for the football team.   They prided themselves on being WAY out on the left.  A fried of mine who went there for a year said this is not much of an exaggeration.  

    Was Oberlin as odd in the late ’70’s as it was 10 years later?

    • #51
  22. Michael Brehm Lincoln
    Michael Brehm
    @MichaelBrehm

    Richard C. Meyer, who runs the “Comics Matter with Ya Boi Zack” Youtube channel (who is currently suing a SJW for tortious interference), is fond of saying that these social justice types don’t understand that if they have to go to court, the jury isn’t going to be comprised of the twelve blue checkmark weirdos on Twitter who side with them. Instead, it’s going to be a man who drives a forklift at the navy yard, a woman who waits tables at the Denny’s, the guy who owns and operates the water heater sales and service center, and nine other “normies.” Everyday people are largely ignorant of the culture war, but invariably side against the campus protest nonsense when they catch wind of it. 

    • #52
  23. The Reticulator Member
    The Reticulator
    @TheReticulator

    tigerlily (View Comment):

    Dr. Bastiat (View Comment):

    This makes me happy.

    Does that make me a bad person?

    Hell no! I hope this decision forces Oberlin into bankruptcy.

    I’d be happier if they reformed themselves and became liberal. I don’t like all the small colleges going out of business, leaving us with only the big ones.  

    • #53
  24. Seawriter Contributor
    Seawriter
    @Seawriter

    Dr. Bastiat (View Comment):
    Was Oberlin as odd in the late ’70’s as it was 10 years later?

    My younger brother went there for a year in the 1970s. Based on his experience, I would say it was just as fascistic back then, but less gay. (Or maybe he scored as often as he did because he was in the minority of straight male students. Apparently the number of LUGs was lower than it is today.)

    • #54
  25. Dr. Bastiat Member
    Dr. Bastiat
    @drbastiat

    Sorry – I’m apparently a bit out of touch – What’s a LUG?

    • #55
  26. Basil Fawlty Member
    Basil Fawlty
    @BasilFawlty

    Dr. Bastiat (View Comment):

    Sorry – I’m apparently a bit out of touch – What’s a LUG?

    Lesbian until graduation.

    • #56
  27. lowtech redneck Coolidge
    lowtech redneck
    @lowtech redneck

    Dr. Bastiat (View Comment):

    This makes me happy.

    Does that make me a bad person?

    You, me, and Huck Finn:

    https://www.youtube.com/watch?v=B9FzVhw8_bY

    • #57
  28. Chris Campion Coolidge
    Chris Campion
    @ChrisCampion

    Full Size Tabby (View Comment):

    Gossamer Cat (View Comment):

    Full Size Tabby (View Comment):

    I keep noticing that the “social justice warriors” say they’re all about the little guy, but almost always end up siding with the powerful and well connected. See, for additional examples, powerful and wealthy actors ganging up on Catholic high school students; wealthiest corporations on the planet (Google, Facebook, Twitter) against individual speakers and small not-for-profit organizations; etc.

    I’ve only had one run in with the Social Justice Mob. They were screaming bloody murder about not having an anti-bullying code and bullied anyone who objected to it, even though the arguments against were well reasoned and polite. When their bullying was pointed out, they just doubled down. It was then I knew that the SJMs were immune to irony.

    Bullying is another topic that has baffled me – the people who complain most loudly about bullying are often the biggest bullies around (and often are school administrators and government entities). I guess they must be immune to the irony.

    Hilarity ensues when the sissies complain of being bullied, by bullying others about the bullying subject, when they are in the safest of spaces, and surrounded by other milquetoasty simpering fellas.

    I have a suggestion for a new mandate at colleges.  Everyone has to buy a mirror, and strap it onto themselves, so they can see their faces at all times.  I’m hoping the benefit this brings will become self-evident after say, the average matriculant’s 5th year of indoctrination.

    • #58
  29. MichaelKennedy Inactive
    MichaelKennedy
    @MichaelKennedy

    Mim526 (View Comment):
    And Miraldi was very careful in setting the bar pretty high on evidentiary rulings.

    I understand he did not allow the jury to see the notorious email to alumni trashing the verdict. And the jury.

    • #59
  30. RyanFalcone Member
    RyanFalcone
    @RyanFalcone

    It would be great if Oberlin went kaput. It would be great if roughly a third of our universities went kaput. over 60% of HS grads go to college right now. In Germany and most of Europe that figure is closer to 20% I believe. We have way too many folks in college as students, professors and staff. Lots of mediocre people are doing mediocre things and providing far too little output in relation to the massive investments they receive. Time to stop subsidizing and protecting these fools. The deserving institutions will survive. The Oberlin’s of the world should become a historic footnote ASAP.

    • #60
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