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Thread: Unsubstantiated claims of racism, bigotry, and white supremacy could be costly

  1. #11
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    Noting the students doing the demonstration in the video are all black. Are they at that college because of their own abilities...……………….. or are they there because of some benefactor's scholarship...……………………...

  2. #12
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    Quote Originally Posted by Gingersnap View Post
    The math problem involves the fact that Oberlin must also pay all the Gibson's Bakery legal fees which are estimated at $10 million now.

    So, compensatory damages + punitive damages + legal fees = $44 million by the time all the appeals and everything is over and assuming there are no reductions along the way.

    I dunno if there will be any and Oberlin would be smart to just eat this expense and learn from it. No matter what happens, it's likely that some parents will simply tell their kids to look elsewhere and Gen Z is more sensitive to student debt than their older siblings were so some who would have attended and believed the debt to be worth it might look elsewhere.

    This means a smaller class next fall and most colleges followed the travails of Mizzou after their big scandal and the subsequent domino effect on class sizes and donors. In this case, it might be worse since the college is perceived as a bully disrupting a little business with a long history.

    If any damages are reduced on appeal, Oberlin still won't win since the media perception will be that elite courts naturally reduced damages in favor of an elite college despite the will of the little people who actually have to live downstream from the toxic behavior of the college.

    They need to think about damage control. They can pay this but a chronic decline in class sizes and donations is something else.
    I didn't catch that the legal expenses were so high. (I'd assumed it was a contingency case, mostly.)

    Oberlin made headlines for other snowflakery, such as renaming Asian dishes to avoid the great offense of calling a dish Thai or Chinese.

    I don't know if the tactic of remaining arrogant and indignant will work for the college, just as you say. But there's more than ego at stake. Oberlin deliberately embarked on a campaign to present itself as the most liberal of all campuses, a little like Andrew Cuomo declaring NY the nation's capital of progressivism. This decision is a slap at that promotion.

    Well deserved, I'd say, but faculty who came there expecting to flower as SJWs, for example, will not easily back off their mission.

    This case might be like a hailstorm in July. Sometimes it leaves a mark, but for the most part by the time dinner is served you'd never know it happened.
    “The interesting thing about the Green New Deal is it wasn’t originally a climate thing at all.... We really think of it as a how-do-you-change-the-entire-economy thing.” —Saikat Chakrabarti, then AOC's Chief of Staff, explaining the Green New Deal for the hard of hearing.

    "We have to stop demonizing people and realize the biggest terror threat in this country is white men, most of them radicalized to the right, and we have to start doing something about them." —CNN's Don Lemon, showing how to stop demonizing people.

  3. #13
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    Quote Originally Posted by Gingersnap View Post
    The math problem involves the fact that Oberlin must also pay all the Gibson's Bakery legal fees which are estimated at $10 million now.

    So, compensatory damages + punitive damages + legal fees = $44 million by the time all the appeals and everything is over and assuming there are no reductions along the way.
    Quote Originally Posted by Newman View Post
    I didn't catch that the legal expenses were so high.
    I'm still getting an unclear picture.

    In this report yesterday from the local paper, the $44 mill is outside of legal fees, as I've been seeing:

    Oberlin alumni letter predicts 'lengthy and complex legal process'
    Less than 24 hours after a $44 million settlement....

    (snip)

    Eight jurors in the civil lawsuit deliberated on punitive damages for less than three hours Thursday afternoon and came back with their verdicts shortly before 3 p.m. Their total damage award was more than $44 million, plus an as-yet-undetermined amount of attorney fees payable to the Gibsons’ legal team.

    That final award will be lowered over time because of Ohio laws that set a cap on punitive damages at no more than two times the total compensatory damages. The Gibsons were awarded slightly more than $11 million in compensatory damages by the same jury last week, meaning the cap on total damages — both compensatory and punitive — is about $33.5 million.
    I'd love to learn there's an exception to the state cap for Assholery.

    Meanwhile, this article is mostly about a new College letter, less arrogant than the first post-verdict letter, and which may be addressing the College's campaign to be the most liberal campus of them all.

    Quote Originally Posted by Gingersnap View Post
    They need to think about damage control. They can pay this but a chronic decline in class sizes and donations is something else.
    Quote Originally Posted by Newman
    Oberlin deliberately embarked on a campaign to present itself as the most liberal of all campuses, a little like Andrew Cuomo declaring NY the nation's capital of progressivism. This decision is a slap at that promotion. Well deserved, I'd say, but faculty who came there expecting to flower as SJWs, for example, will not easily back off their mission.
    The letter:



    If I string a few sentences together I may see a hint that they are reconsidering their SJW image:

    We will take the time we need to thoughtfully consider the course that is in Oberlin's best interests. [This sentence may refer only to lawsuit matters, however.]

    We will learn from this lawsuit as we build a stronger relationship with our neighbors.

    There is unprecedented unity around an ambitious new vision for Oberlin. The work of fulfilling that vision is already underway.

    They could be blowing smoke. I look forward to the next alumni magazine.
    “The interesting thing about the Green New Deal is it wasn’t originally a climate thing at all.... We really think of it as a how-do-you-change-the-entire-economy thing.” —Saikat Chakrabarti, then AOC's Chief of Staff, explaining the Green New Deal for the hard of hearing.

    "We have to stop demonizing people and realize the biggest terror threat in this country is white men, most of them radicalized to the right, and we have to start doing something about them." —CNN's Don Lemon, showing how to stop demonizing people.

  4. #14
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    Aha!

    Back at Legal Insurrection, reporter Dan McGraw checks in. He's been in the courtroom and reporting from start to finish. William Jacobson owns the site, employs Dan, and has taken a lot of face time credit recently since the story has found a larger audience.

    Anyway, Dans account of the jury's decision is worth a look,

    Punitive damage verdict against Oberlin College “was like a seismic wave moving quickly through the courtroom”


    and toward the end he elaborates on the state cap on damages:

    What this punitive award means is both simple and complicated in many ways. Under Ohio law, punitive awards are capped in most cases at double the compensatory amount already arrived at. In this case, that would mean the punitive damage could be no more than $22.4 million, half of the compensatory damages laid on Oberlin College and far less than the $33 million waylaid [sic] on the school today by the jury.

    However, there are exceptions in the legislation passed in Ohio in 2008 on the punitive damages cap (ironically it was passed to protect small businesses from having high damages awarded against them, not for them, as in like this case), and Judge John R. Miraldi, the Lorain County Common Pleas judge in this case, will decide on how much of the $33 million will go to the Gibsons.

    But it will be more than likely get down closer to the $22.4 million level. Plus, the jury said that the attorneys’ fees that Gibsons’ would have had to pay out of its verdict awards (often at 30% of jury verdict awards), would now have to be paid by Oberlin College. That could be an additional $10 million put on the school’s plate. Judge Miraldi will decide that as well, not any jury.

    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.

    However, if this does ever get to the Ohio Supreme Court, that could be about two years down the road, not a decade.

    What was interesting was the jury itself. This jury had none that lived in or near the town Oberlin, and most were from the more populace cities of Elyria (pop. 54,000) and Lorain (pop. 64,000). It was half male and half female, and was a mix between over-40 and under-40. None appeared to be of minority ethnicity like African-American or Hispanic, though a few may have been mixed. But again, this was about as average and middle-class group of people representing the Midwest as one could find.
    So I'm catching up with Gingersnap here.

    A brief look back earlier in the report is worth mentioning:

    According to the evidence presented, the school never did determine “any full and true narrative” and found out as most everyone in the community knew, that the Gibsons had never had and history of racism on any kind. But the school still cut the business off from its cafeteria delivery business (bagels, pastries and pizza dough). Students stopped shopping at the store. Revenues dropped by a huge amount (from about $900,000 in 2016 down to about $500,000 in 2018) and Oberlin College never did anything to rectify the situation.

    The damage was worse than most realize. On a walk through campus several weekends ago, this reporter talked to about 20 students at random on campus, and every one of them said they would never shop at Gibson’s because the business and family are racist. When shown the police reports and the fact that the three shoplifters plead guilty and claimed “no racial profiling” was involved, most of the students I spoke with said, “Cops lie.”

    Some of the defenders of Oberlin College have claimed that the Gibsons’ were just in it for punishment on this case, and never tried to settle. That could not be further from the truth....
    Go Oberlin.

    And more at the end of this report:

    Lorain County has been hit in the past few decades with heavy numbers of manufacturing jobs leaving and a huge drop in housing values from the foreclosure crisis of the Great Recession. That recent history may have had a play in how the jury viewed this case; Lorain County is a strong defender of the little guy against the big economy that seems to have forgotten about them. In this case, the bully wasn’t on Wall Street or cheap Chinese imports, but a big organization with $1 billion in assets in their own backyard.

    Plakas told Legal Insurrection why he joined up to represent the Gibson family in a case that early on seemed to be difficult to win. “I was stunned early on when I saw the early letters and emails from the college on this matter that favored their biased ideology over what should have been some semblance of intellectual balance,” he said.

    “What [Oberlin College] did to the Gibsons’ was irrational … and that part of it really angered me as [just] a private person who saw what was happening to the Gibsons. You would expect a highly regarded university, with a long history of being a great school in this country, would have disregarded what we would think of as a basic thought process,” Plakas continued.

    “We worked hard on this, and I am proud of our legal team so much,” he said. “But the Gibson family were the ones that worked the hardest. They knew from the beginning that the only way to get justice, to get their name restored, was to work hard and sacrifice. They had to lay off workers and go without salary, and most would have just quit and folded up the business. But they didn’t.”

    “They did what a lot of people wouldn’t do, and the country should realize that what they did will benefit many of us in many ways for many years.
    I hope so.
    “The interesting thing about the Green New Deal is it wasn’t originally a climate thing at all.... We really think of it as a how-do-you-change-the-entire-economy thing.” —Saikat Chakrabarti, then AOC's Chief of Staff, explaining the Green New Deal for the hard of hearing.

    "We have to stop demonizing people and realize the biggest terror threat in this country is white men, most of them radicalized to the right, and we have to start doing something about them." —CNN's Don Lemon, showing how to stop demonizing people.

  5. #15
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    One wonders if any of those Oberlin "students" have any idea what is happening...……………………………………...

  6. #16
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    Another Oberlin alum checks in:

    I’m an Oberlin Graduate. They Had It Coming.
    Michelle Maulkin.
    As a right-wing alumna of far-left Oberlin College, I have four words for the administration in response to last week’s ground-breaking $11 million jury verdict in the defaming of humble Gibson’s Bakery:

    You had it coming.

    I have five more words for Oberlin as arrogant college officials continue their obstinate war on the Gibson family even after the much-deserved courtroom defeat:

    You still don’t get it.
    For decades, grievance-mongering Oberlin elites have bullied and defamed innocent white people without consequences in their multicultural Ohio enclave. False racial allegations and toxic identity politics are the bread and butter of Oberlin campus life.

    I’ve documented multiple hoaxes, stoked by Oberlin’s campus outrage industry, which have exploited fake hate by phantom white bigots to expand the affirmative action empire....
    Examples follow. She finishes:
    Instead of reexamining its fundamental contempt for Midwest family values, entrepreneurship, the presumption of innocence, and the truth about its racial hucksterism, however, Oberlin recently announced the appointment of a new “Multicultural Resource Center” director focused on nominating future speakers for the college’s segregated black, Asian/Pacific Islander, Latinx, and LGBTQ+ students graduation ceremonies and advancing the “advocacy, equity, and belonging for marginalized students.”

    In other words: More of the same old toxic stew of anti-white activism masquerading as “education” that landed Oberlin in such humiliating legal trouble in the first place.

    The jury voted. Now it’s time for more parents, alumni, and donors of ideological insane asylums like Oberlin to vote with their own feet and pocketbooks.

    Defund the divisive defamers of American higher education. It’s the only way they’ll learn.
    “The interesting thing about the Green New Deal is it wasn’t originally a climate thing at all.... We really think of it as a how-do-you-change-the-entire-economy thing.” —Saikat Chakrabarti, then AOC's Chief of Staff, explaining the Green New Deal for the hard of hearing.

    "We have to stop demonizing people and realize the biggest terror threat in this country is white men, most of them radicalized to the right, and we have to start doing something about them." —CNN's Don Lemon, showing how to stop demonizing people.

  7. #17
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    Another installment from Legal Insurrection:

    David Gibson VIDEO: Oberlin College plans to drag out litigation because it knows I’m dying from pancreatic cancer
    David Gibson, one of the owners of Gibson’s Bakery and a plaintiff in the lawsuit that yielded almost $32 million in damages against Oberlin College, has just posted a video on Facebook announcing that he has pancreatic cancer. (h/t to multiple readers for alerting me)

    In the video (below), David says that Oberlin College has known about his illness for several months, and made a motion in court to keep that information away from jurors.

    Gibson goes on to assert his belief that the assertions by Oberlin College’s president that there is a long legal battle ahead is an attempt to send a signal that the college will just wait out his illness.
    Several comments to the report suggest that in the event of his death, his estate would become the plaintiff, citing this code, http://codes.ohio.gov/orc/2305

    That would makes sense to me, but there's not enough coffee in this mug this morning to attempt making sense of that reference. It does NOT seem to be relevant, actually.

    Chapter 2305: JURISDICTION; LIMITATION OF ACTIONS
    2305.01 Jurisdiction in civil cases - trial transfer.

    Except as otherwise provided by this section or section 2305.03 of the Revised Code, the court of common pleas has original jurisdiction in all civil cases in which the sum or matter in dispute exceeds the exclusive original jurisdiction of county courts and appellate jurisdiction from the decisions of boards of county commissioners. The court of common pleas shall not have jurisdiction, in any tort action to which the amounts apply, to award punitive or exemplary damages that exceed the amounts set forth in section 2315.21 of the Revised Code. The court of common pleas shall not have jurisdiction in any tort action to which the limits apply to enter judgment on an award of compensatory damages for noneconomic loss in excess of the limits set forth in section 2315.18 of the Revised Code.

    The court of common pleas may on its own motion transfer for trial any action in the court to any municipal court in the county having concurrent jurisdiction of the subject matter of, and the parties to, the action, if the amount sought by the plaintiff does not exceed one thousand dollars and if the judge or presiding judge of the municipal court concurs in the proposed transfer. Upon the issuance of an order of transfer, the clerk of courts shall remove to the designated municipal court the entire case file. Any untaxed portion of the common pleas deposit for court costs shall be remitted to the municipal court by the clerk of courts to be applied in accordance with section 1901.26 of the Revised Code, and the costs taxed by the municipal court shall be added to any costs taxed in the common pleas court.

    The court of common pleas has jurisdiction in any action brought pursuant to division (I) of section 4781.40 of the Revised Code if the residential premises that are the subject of the action are located within the territorial jurisdiction of the court.

    The courts of common pleas of Adams, Athens, Belmont, Brown, Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence, Meigs, Monroe, Scioto, and Washington counties have jurisdiction beyond the north or northwest shore of the Ohio river extending to the opposite shore line, between the extended boundary lines of any adjacent counties or adjacent state. Each of those courts of common pleas has concurrent jurisdiction on the Ohio river with any adjacent court of common pleas that borders on that river and with any court of Kentucky or of West Virginia that borders on the Ohio river and that has jurisdiction on the Ohio river under the law of Kentucky or the law of West Virginia, whichever is applicable, or under federal law.

    Amended by 129th General AssemblyFile No.127, HB 487, §101.01, eff. 9/10/2012.

    Effective Date: 07-06-2001; 04-07-2005
    “The interesting thing about the Green New Deal is it wasn’t originally a climate thing at all.... We really think of it as a how-do-you-change-the-entire-economy thing.” —Saikat Chakrabarti, then AOC's Chief of Staff, explaining the Green New Deal for the hard of hearing.

    "We have to stop demonizing people and realize the biggest terror threat in this country is white men, most of them radicalized to the right, and we have to start doing something about them." —CNN's Don Lemon, showing how to stop demonizing people.

  8. #18
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    Just an update. Oberlin's effort to kick the can down the road fails.

    Oberlin College denied new trial in Gibson’s Bakery case
    Having considered the parties respective briefs and arguments and applicable precedent, the Court finds that the amount awarded is not manifestly excessive nor does it appear to be influenced by passion or prejudice. Accordingly, Defendants’ Motion for a New Trial or Remittitur is denied.
    The Court has reviewed and considered the parties’ respective briefs and applicable precedent and, after construing the evidence most strongly in Plaintiff’s favor, the Court does not find that the Defendants are entitled to judgment notwithstanding the verdict. Accordingly, Defendants’ Motion for Judgment Notwithstanding the Verdict is denied.
    There was a third court ruling, denying plaintiffs’ request for prejudgment interest. Prejudgment interest is available in Ohio upon a showing of bad faith in the litigation.
    The wheels turn slowly, but they do turn.
    “The interesting thing about the Green New Deal is it wasn’t originally a climate thing at all.... We really think of it as a how-do-you-change-the-entire-economy thing.” —Saikat Chakrabarti, then AOC's Chief of Staff, explaining the Green New Deal for the hard of hearing.

    "We have to stop demonizing people and realize the biggest terror threat in this country is white men, most of them radicalized to the right, and we have to start doing something about them." —CNN's Don Lemon, showing how to stop demonizing people.

  9. Likes Michele liked this post
  10. #19
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    When will Oberlin be turned into a blacks-only college...………………..

  11. #20
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    Quote Originally Posted by Celeste Chalfonte View Post
    When I was a young manager with a large retail chain (now defunct, AFAIK), I had a major run-in with our store security people over this issue. They would literally announce a (coded) alert over the PA when Indian (dots, not feathers) or Hispanic shoppers entered the store, to tell the people working the floor to watch out for shoplifting. Meanwhile, students from the fraternities at The Citadel and some of the local private high school were stealing anything not nailed down, for fun and/or part of the initiation nonsense.

    Most shoplifters are kids, all colors, all socioeconomic classes. There are also pros, who shoplift at one store in a chain and return items to a different store for cash. They often work state borders. They're also often junkies. Whoever they are, they cost the business money, which in turn costs US money. A Walgreen's in a high-loss neighborhood charges more for the same items than one in a low-loss neighborhood, and it's usually the first one that serves people who can ill afford the higher prices, so shoplifting disproportionately hurts poor people.

    When you see daily what shoplifters steal, you realize that these are not Jean Valjeans, stealing bread for their starving families or medicine for their sick kids. They're punks.
    I have sort of the same story, but in reverse (??). When I was in college there was a small store downtown that sold cards, small gifts, etc. Things that a poor college student would buy. It was run/owned by an Indian (again, dot, not feather). Each time we went in he followed us about the small cramped store to make sure we weren't stealing anything. We were 3 or 4 white girls between the ages of 18-21. It annoyed us, but we still shopped there. We didn't suspect racial profiling, but certainly suspected "college kid" profiling. We always knew what that looked like. But we didn't blame him. I found out my junior year that one of our roommates was shoplifting (from another store...a department store downtown). We were so appalled by that we told her boyfriend. She had money, just liked to steal. We also never went shopping with her again for fear we'd be arrested as a result of her behavior.
    Not where I breathe, but where I love, I live...
    Robert Southwell, S.J.

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