Posted on 05/16/2022 6:43:07 AM PDT by Jacquerie
The Ohio Supreme Court has discretion whether to take the case. Of all the documents I’ve seen in this case, Oberlin College’s Memorandum In Support of Jurisdiction may be the most tendentious, bordering on mendacious.
On May 13, 2022, Oberlin College and Meredith Raimondo filed an appeal in the Ohio Supreme Court, after losing their appeal from the massive trial verdicts.
Whether the Ohio Supreme Court decides to hear the case is discretionary under the factors listed above. Historically the court has agreed to hear only about 10% of the Jurisdictional Appeals filed.
Since Oberlin College does not have a right to have the Ohio Supreme Court hear the case, it filed a Memorandum In Support of Jurisdiction. It appears that under the Ohio Sup. Ct. Rules of Practice the Gibsons have 10 days to file a cross-notice of appeal if the Gibsons take an appeal to restore their full punitive award, and 30 days to file a response to Oberlin College’s Memorandum In Support of Jurisdiction as well as in support of the Gibsons cross-appeal, if any.
The trial court as affirmed by the appeals court, found the Gibsons were private parties. That matters a great deal to the standard of proof for defamation, and particularly the issue of actual malice. The facts outside the trial record brought up by Oberlin College go directly to the standard by which the Supreme Court will decide whether to take the case, without telling the court that the facts and records, while part of the summary judgment record, were not even offered at trial. This outside-the-trial record evidence in the filing in and of itself should be ground for the Ohio Supreme Court not to take the case.
At first read the legal arguments also are more of the same mischaracterizations Oberlin College has been making since the start of the case, including that it was held liable for the opinions of students and this is a First Amendment case about campus speech. The appeals court dispatched with that argument as follows, in part:
This Court recognizes that this case has garnered significant local and national media attention. The primary focus of the media coverage, and the several amicus briefs filed in this case, has been on an individual’s First Amendment right to protest and voice opinions in opposition to events occurring around them locally, nationally, and globally. This Court must emphasize, however, that the sole focus of this appeal is on the separate conduct of Oberlin and Raimondo that allegedly caused damage to the Gibsons, not on the First Amendment rights of individuals to voice opinions or protest.
Oberlin needs to lose their appeal. They earned the pain that they are feeling.
There is no First Amendment (or other undifferentiated) "right to protest".
Agree!!!!!!
Oberlin had its day in court……they have their verdict…
….they are acting like spoiled brats!
Not just to put Oberlin in its’ place, but to set a precedent for the future.
Hopefully they decide this quickly in favor of Oberlin.
Wut???
Oberlin College attacked innocent store owners, falsely accusing them of racism, and were found guilty. Let Oberlin College rot for their crimes.
LOL. Bubble-dwelling, woke academics finally getting pulled into the real world, with real legal and financial consequences - and they are panicking.
SCOTUS will not take the case or will let the ruling stand without comment.
But by all means Oberlin, when you’re in a hole, keep digging.
I want this college to go bankrupt and to close.
I agree. It was bad enough for Oberlin to allow false statements against the bakery, but it was worse when the statements were demonstrably false and the college refused to apologize.
IIRC, interest on the judgement accumulates at about $5,0000 per day.
Heh, heh.
Please tell us that a guy that quotes Ayn Rand just made a slip of the pen...err keyboard.
And, they have mucho $$ in reserves...
“….they are acting like spoiled brats!”
They are spoiled brats! They should get what they have earned.
If I was this family I would have taken that Judgement down to the court house and turned it into a lien against Oberlin’s property the day they said they weren’t going to pay, and have the Sheriff start the process of taking Oberlin property to satisfy the lien.
These people are Evil.. They not only knowingly lied and defamed these people they continued to lie throughout the entire legal and lawsuit process... continuing to refuses to take responsibility for their actions...
These people are Evil, period and I know if I was this family I would already have that lien filed against Oberlin... foreclose and sell their physical property if need be to be made whole. They have shown absolutely no regret or remorse for their abhorrent and indefensible behavior, I would not hesitate in any way to press my legal rights against them in any way shape or form.
This is what I get for posting before coffee!
Hopefully they decide this quickly AGAINST Oberlin in favor of Gibson’s.
It sounds like Oberlin is having a problem paying out on the decision. Maybe they can go to their equally and wholly LIBERAL alumni for some extra cash.😊
This case is under Ohio law, and is being appealed to the Ohio Supreme Court, not the U.S. Supreme Court.
It’s the Ohio state supreme court.
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