Bakery vs Oberlin College - Oberlin gets its ass handed to it

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akm91
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74OA
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"The short version of this story is that the day after the 2016 election victory by Donald Trump, a black male Oberlin College student was stopped for shoplifting wine at Gibson's Bakery and Market in downtown Oberlin, OH. Gibson's had been in existence since 1885, was frequented by students, and also provided baked goods to the college dining halls. A scuffle ensued that was joined by two black female Oberlin College students accompanying the male shoplifter and apparently acting in concert with him. All three eventually would plead guilty to shoplifting and aggravated trespassing, and would avow that Gibson's was not engaged in racial profiling.

But before those guilty pleas, students at the college immediately declared that Gibson's was guilty of racial profiling, and large protests were organized outside the bakery. Flyers were passed out claiming Gibson's was "racist" and had "a long account of racial profiling and discrimination." The Oberlin College Dean of Students Meredith Raimondo allegedly participated in handing out the flyers in front of the bakery. The Oberlin College Student Senate also passed a resolution claiming Gibson's "has a long history of racial profiling and discriminatory treatment of students and residents alike." The college administration allegedly helped spread this student senate resolution.

Students started a boycott of the bakery, initially joined in by the college. The college eventually resumed business with the bakery, but then terminated that business after the lawsuit was filed. Gibson's and its owners sued the college and Raimondo for libel, tortious interference with business relationships and contracts, intentional infliction of emotional distress, and trespass. Gibson's alleged long-term damage to its business and reputation for the allegedly defamatory accusations and other torts. The plaintiffs in closing argument asked the jury to award $12.8 million in compensatory damages."

UPDATE: The Gibsons prevailed in court and were awarded $36M. Oberlin has lost every subsequent appeal, and still hasn't paid up as of 6/22, but is paying interest on the $36M award for every day that it holds out.
UPDATE: Oberlin finally paid the $36M award, including attorney's fees and interest, to the Gibsons in 12/22.
PooDoo
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SpreadsheetAg
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cupcakesprinkles
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Liberals have assured me I can be anything I want to be, I just have to name it and claim it.

I am identifying as black so anytime someone accuses me of anything (no matter if I was caught in the act or not) then I am screaming to everyone that they are racists.
SA68AG
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Jury awards that hurt are going to be the only thing that stops
made up grievances that damage ordinary people just going about their lives.

Hopefully the Kentucky student with the MAGA cap gets juries that teach the media the same lesson that
you can't just recklessly smear someone and ruin his life and get away with it by simply saying "Oops I 'm sorry now" on the back page of the newspaper.
ThunderCougarFalconBird
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I think the Kentucky kid has a much better case. He was a lone nobody, not even a small but long known local business.
policywonk98
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I can't imagine the nightmare of a family going about its business, stewarding a 130 year old family legacy, only to become the target of a SJW social media mob of students and then have the largest institution your business has served for that 130 years to side with that mob of 18-22 year olds.

Pretty scary stuff.
ThunderCougarFalconBird
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Will be interesting if they get punitives.

Bonding around this is going to hurt for Oberlin.

My estimate is that the bakery made reasonable but real damages demands (apologies and low 7 figure check) and Oberlin told them to get hosed.

My guess pending punitive damages trial is that this will end up settling for $2-3mm and some statement from the school and maybe training sessions on how to properly use the Oberlin jump to conclusions mat.
Secolobo
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Can I go to sleep Looch?
Threadbare
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So, woke SJW's, living in their own fantasy worlds, where every little inkling of phantom grievance hatched in their fevered imaginations serves as the justification to cruelly and mercilessly destroy real reputations, real livelihoods, and real lives of real people, while aggrandizing themselves, get clobbered by reality.

Wild thing, you make my heart sing...

You make everything groovy...
Zemira
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I hope the jury awards the maximum punitive damages against the college.

Imagine what they could do with $33 million dollars instead of having to pay a court settlement because they are SJW *******s and ruined a 5 generation family owned business.
kb2001
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This sucks for the bakery, I can't imagine being in that situation.

The money will help, but with what? The relationship with one of the biggest customers is over. The reputation with students will never be the same. Regardless of court findings, the campus gossip rumor mill will still put this shadow over them indefinitely.

All because the SJW mob found a cause of the month and went after it with standard liberal tactics: lie, lie, push the lie, never admit the lie, never back down from the lie. Even the university never came clean, they were forced to.

Lives ruined by the lies of SJW mobs, yet again
Zemira
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blindey said:

Will be interesting if they get punitives.

Bonding around this is going to hurt for Oberlin.

My estimate is that the bakery made reasonable but real damages demands (apologies and low 7 figure check) and Oberlin told them to get hosed.

My guess pending punitive damages trial is that this will end up settling for $2-3mm and some statement from the school and maybe training sessions on how to properly use the Oberlin jump to conclusions mat.
Why would they settle for less (only $2-3mm) than the amount awarded? Unless I guess a judge or whoever deems it to be too much?
biobioprof
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Apparently the College lost but the Dean gets covered by the College. From Legal Insurrection
Quote:

Meredith Raimondo was held liable on the libel and interference with business relations, but not intentional infliction of emotional distress. By stipulation, the college is responsible for any amounts awarded against her, so she will not pay anything out of pocket.
Doesn't the defense get to choose whether or not a trial is heard by a jury? Seems like there are a lot of cases like this where juries are a bad idea from the POV of the defendants. Based on the Legal Insurrection post, it sounded like the Oberlin lawyers shot themselves in the foot by lowballing the value of the bakery. That seems like the kind of thing that would piss of jurors even if their numbers were correct.

ABATTBQ11
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Zemira said:

blindey said:

Will be interesting if they get punitives.

Bonding around this is going to hurt for Oberlin.

My estimate is that the bakery made reasonable but real damages demands (apologies and low 7 figure check) and Oberlin told them to get hosed.

My guess pending punitive damages trial is that this will end up settling for $2-3mm and some statement from the school and maybe training sessions on how to properly use the Oberlin jump to conclusions mat.
Why would they settle for less (only $2-3mm) than the amount awarded? Unless I guess a judge or whoever deems it to be too much?


I doubt that happens. Actual damages would probably be pretty hard to overturn unless there was some really flawed decision making on the judge's part since this involves a well established business relationship and loss of a contract. Seems like the damages would be easy to demonstrate.

My guess is that Oberlin is ****ed.
Stat Monitor Repairman
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1. Somebody is writing the email to students about an increase in tuition and fees for next semester.

2. Didn't Oberlin give us the likes of that tub of goo that got famous for the HBO show Girls?

3. If i own that bakery and recovered on that judgment, I woudnt be gettign up at 3am to make sweet rolls no mo'. My ass would be like Bubba Gump's mamma overnight.
Zemira
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Yes the bakery is basically out of business even with the award since this has been going on 2.5 years.

They could also just run the bakery for love of running the bakery. Invest the settlement in the bakery but keep most to take care of the family.
Give the idiots at the college a big **** you. Remodel and open up. Provide a great bakery selection, good customer service and a clean business.

Pick out a few good articles about the end of the lawsuit against the college and them winning and frame them on the wall. Next to those need some framed articles of the idiots who started this huge mess going to prison. A nice sign saying shoplifters will be prosecuted without regard to race, creed, religion, sexuality, gender, etc. Host community days and welcome everyone without regard to race, creed, religion, sexuality, gender, etc.

If the college wants to buy from the bakery make sure the price lists are inflated a bit due to the previous issues. If the college asks say, well you stopped doing business (I'm guessing broke a written or verbal contract) and this is to hedge against you doing similar in the future.

I think closing the bakery up, taking the money and moving sends the wrong message. To me it says the college was wrong, but the courts made them paid us so we will leave. Wrong. Those idiots at the college need to be put in their place. Unless they have to look at or pass by the bakery every day it doesn't effect them.

I hope their donations (small school so I bet a small group of people) quit donating since their money will be going towards the lawsuit settlement. It's also probably going to increase tuition and fees. I hope they put a line on tuition and fees schedule for bakery lawsuit or something so every parent and kid knows how much of their fees are going to pay for the college's poor choices.
agent-maroon
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Oberlin College? Surely this is a different Oberlin College than the one that picked a white squirrel instead of the rodent of color that we are all so familiar with, right? Cuz' that sounds kind of racist to me.
chevy con queso
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If I were a member of the family I would strongly be pushing for moving the family and business to another town or state. You can do a lot to build big or diversify with that kinda money. Still get to keep the name and 1889 or whatever on your advertisements if it never closed up shop.
biobioprof
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I have no idea what the family should do or wants to do but I have to imagine it depends on
- whether Oberlin appeals and if so whether the award survives appeal
- whether the award can be collected if Oberlin can't come up with the money
ABATTBQ11
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After more reading, I think Oberlin is going to be hit really, really hard in punitive.

I also think they're going to be screwed for all of the contract stuff. They may not be responsible for students and staff on their own time, but they certainly took an active and aggressive role in an official capacity with that. Communications to students probably also****ed them.
Prosperdick
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Stat Monitor Repairman said:

1. Somebody is writing the email to students about an increase in tuition and fees for next semester.

2. Didn't Oberlin give us the likes of that tub of goo that got famous for the HBO show Girls?

3. If i own that bakery and recovered on that judgment, I woudnt be gettign up at 3am to make sweet rolls no mo'. My ass would be like Bubba Gump's mamma overnight.

Yes, I checked and that fat tub of goo is a proud graduate of that woke college.
yeahright81
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Keep the bakery open, close Oberlin.
Stat Monitor Repairman
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"... reported 3 black kids for attempted theft."

First reaction is for theowner to be pissed ... or he could have just looked at it as a loss leader.

Get them kids addicted to some delicious croissants ... they wont always be broke. Maybe the deliciousness of your baked goods will someday outweigh the urge to steal.

In an any event, clearly the bakery owner made the right decision.

ABATTBQ11
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biobioprof said:

I have no idea what the family should do or wants to do but I have to imagine it depends on
- whether Oberlin appeals and if so whether the award survives appeal
- whether the award can be collected if Oberlin can't come up with the money



I think it mostly survives. I highly doubt the dean of students participated without overstepping the bounds in an official capacity, and that's enough for liability. Hell, that might even be a finding of fact now.

The contract stuff could easily drive up punitive, even in a judge's mind. I don't think a judge knocks it down anyway. They intentionally sank a 100 year old family business. $11 million is not out of the question. Double that in punitive is well within the law, afaik, and probably not put of the question considering Raimondo's tone deaf testimony.

Oberlin has more than $30 million in assets. They'll find it somewhere.
aggiehawg
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ABATTBQ11 said:

After more reading, I think Oberlin is going to be hit really, really hard in punitive.

I also think they're going to be screwed for all of the contract stuff. They may not be responsible for students and staff on their own time, but they certainly took an active and aggressive role in an official capacity with that. Communications to students probably also****ed them.
Agree. Oberlin went overboard. Just like Mizzoo did in trying to placate their own snowflakes. Hasn't ended well for Mizzoo, doubt it ends wells for Oberlin, either.
Stat Monitor Repairman
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Good point.

Mizzou reeeeally ****** itself with that nonsense.

Last I read their numbers were down in pretty much all categories.

Same someone had to **** up that bad to learn that lesson. Shame it had to be them.
Synopsis
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Zemira said:

Yes the bakery is basically out of business even with the award since this has been going on 2.5 years.

They could also just run the bakery for love of running the bakery. Invest the settlement in the bakery but keep most to take care of the family.
Give the idiots at the college a big **** you. Remodel and open up. Provide a great bakery selection, good customer service and a clean business.

Pick out a few good articles about the end of the lawsuit against the college and them winning and frame them on the wall. Next to those need some framed articles of the idiots who started this huge mess going to prison. A nice sign saying shoplifters will be prosecuted without regard to race, creed, religion, sexuality, gender, etc. Host community days and welcome everyone without regard to race, creed, religion, sexuality, gender, etc.

If the college wants to buy from the bakery make sure the price lists are inflated a bit due to the previous issues. If the college asks say, well you stopped doing business (I'm guessing broke a written or verbal contract) and this is to hedge against you doing similar in the future.

I think closing the bakery up, taking the money and moving sends the wrong message. To me it says the college was wrong, but the courts made them paid us so we will leave. Wrong. Those idiots at the college need to be put in their place. Unless they have to look at or pass by the bakery every day it doesn't effect them.

I hope their donations (small school so I bet a small group of people) quit donating since their money will be going towards the lawsuit settlement. It's also probably going to increase tuition and fees. I hope they put a line on tuition and fees schedule for bakery lawsuit or something so every parent and kid knows how much of their fees are going to pay for the college's poor choices.

I agree with every single thing you said except for passing by the bakery would affect them somehow (paraphrased).
dreyOO
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YES! We need more of this. Journalism has died and turned into propaganda outlets (Sandman). Social media mob mentalities abound (Twitter, Youtube, etc.). And thug Antifa outfits destroying the streets.

Sue and arrest as many as possible.
biobioprof
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aggiehawg said:

ABATTBQ11 said:

After more reading, I think Oberlin is going to be hit really, really hard in punitive.

I also think they're going to be screwed for all of the contract stuff. They may not be responsible for students and staff on their own time, but they certainly took an active and aggressive role in an official capacity with that. Communications to students probably also****ed them.
Agree. Oberlin went overboard. Just like Mizzoo did in trying to placate their own snowflakes. Hasn't ended well for Mizzoo, doubt it ends wells for Oberlin, either.
IIRC Mizzou suffered via declining applications and donations. Did I forget miss lawsuits analogous to this one?
aggiehawg
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biobioprof said:

aggiehawg said:

ABATTBQ11 said:

After more reading, I think Oberlin is going to be hit really, really hard in punitive.

I also think they're going to be screwed for all of the contract stuff. They may not be responsible for students and staff on their own time, but they certainly took an active and aggressive role in an official capacity with that. Communications to students probably also****ed them.
Agree. Oberlin went overboard. Just like Mizzoo did in trying to placate their own snowflakes. Hasn't ended well for Mizzoo, doubt it ends wells for Oberlin, either.
IIRC Mizzou suffered via declining applications and donations. Did I forget miss lawsuits analogous to this one?
Thought that was obvious. Same will happen with Oberlin.
RAB87
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Racist libtards.
biobioprof
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aggiehawg said:

biobioprof said:

aggiehawg said:

ABATTBQ11 said:

After more reading, I think Oberlin is going to be hit really, really hard in punitive.

I also think they're going to be screwed for all of the contract stuff. They may not be responsible for students and staff on their own time, but they certainly took an active and aggressive role in an official capacity with that. Communications to students probably also****ed them.
Agree. Oberlin went overboard. Just like Mizzoo did in trying to placate their own snowflakes. Hasn't ended well for Mizzoo, doubt it ends wells for Oberlin, either.
IIRC Mizzou suffered via declining applications and donations. Did I forget miss lawsuits analogous to this one?
Thought that was obvious. Same will happen with Oberlin.
Maybe. Their applicant and donor base is probably very different and what's overboard for Mizzou is normal for Oberlin based on their reputation. It may be hard to tell how hard it hits them vs other trends related to the job market for their graduates.

But my question for you, hawg, is on the legal soundness of the verdicts. I'm still processing the various Legal Insurrection posts so I may have things mixed up but my understanding is that there are broadly two sets of issues
  • libel
  • tortious interference
Clearly the students called the store racist. For the sake of argument we'll assume that's libelous even though one might argue that at Oberlin it's lost its meaning from overuse. But it's less clear to me that the College did - see the LI post on it depending on what "support" means. It sounds to me like the Dean screwed up on that and the College might have been better off throwing her under the bus. But even with her mishandling of some things, did that establish a College level position on calling the store racist?

The tortious interference count is even harder for me to understand. Doesn't that have to mean Oberlin interfered with the a bakery's business with someone else. Did they do something like tell another vendor they would not be able to work with Oberlin based on that third party buying from the bakery?

I'm wondering how much of the reaction is based on the tribe that won and lost and if there are scenarios where the precedent might cut the other way. For example, if pro-life students were protesting a pharmacy for selling Plan B by calling them murderers and the Dean expressed support for exercising their 1A rights.
 
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