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Oberlin College asks for mistrial in Gibson's case
The Morning Journal ^ | 6/11/19 | Keith Reynolds

Posted on 06/11/2019 3:37:34 PM PDT by jeannineinsd

Attorneys for Oberlin College and Dean of Students Meredith Raimondo moved for a mistrial June 11 in a libel suit brought against them by Gibson’s Food Mart and Bakery.

On June 7, a Lorain County Common Pleas Court jury awarded the plaintiffs $11 million.

The jury was scheduled to hear the punitive portion of the trial, but attorneys for Oberlin College produced five motions to the court moments before they were to return to the courtroom.

Because of this, Common Pleas Judge John R. Miraldi called a recess while he reviewed the motions and released the jury for the day.

In making his oral motion asking for the mistrial, Ronald D. Holman II claimed the case could not go forward because Miraldi did not require the jurors to break down their June 7 rulings on compensatory damage by each claim.

This same jury has ruled the College and Raimondo committed libel against David R. Gibson, his father, Allyn W. Gibson, and their business, Gibson Bros. Inc., which owns Gibson's Food Mart and Bakery.

They also found Oberlin College had inflicted intentional emotion distress again David and Allyn Gibson and that Raimondo interfered with the business relationship between Gibson Bros. Inc. and the College.

The jury awarded $5.8 million in compensatory damages to David Gibson, $3 million to Allyn Gibson and $2,274,500 to Gibson Bros. Inc., which operates the bakery.

Holman argued the lack of a breakdown of how much money was based on which claim would make it impossible for Miraldi to instruct the jury on how much money they could award in punitive damages.

Miraldi did not rule on the motion from the bench. The trial is scheduled to continue at 10 a.m. June 12.

(Excerpt) Read more at morningjournal.com ...


TOPICS: Business/Economy; News/Current Events; US: Ohio
KEYWORDS: gibsonsbakery; oberlin; ohio
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Well I guess this was to be expected. Oberlin College will try everything they possibly can to avoid paying the damages the jury awarded to the Gibsons.

We will see how the judge rules on the mistrial request.

1 posted on 06/11/2019 3:37:34 PM PDT by jeannineinsd
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Just $826.00 dollars to 96.00%

2 posted on 06/11/2019 3:38:18 PM PDT by DoughtyOne (This space for rent...)
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To: jeannineinsd

We’ll just have the judge toss the jury’s verdict into the garbage can.


3 posted on 06/11/2019 3:38:51 PM PDT by Steely Tom ([Seth Rich] == [the Democrat's John Dean])
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To: jeannineinsd

Well, I hope their own lawyers suck them dry and still lose.


4 posted on 06/11/2019 3:39:08 PM PDT by Tijeras_Slim
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To: jeannineinsd

Embrace the SUCK, you LIBERALS!!


5 posted on 06/11/2019 3:39:10 PM PDT by Ann Archy (Abortion....... The HUMAN Sacrifice to the god of Convenience.)
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To: jeannineinsd
We will see how the judge rules on the mistrial request.

They're setting up a predicate for appeal.

6 posted on 06/11/2019 3:41:35 PM PDT by Steely Tom ([Seth Rich] == [the Democrat's John Dean])
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To: Steely Tom

I do not think a judge can merely vacate a verdict delivered by a jury.

Oberlin College is in big trouble over this. The fine may shut the place down.


7 posted on 06/11/2019 3:42:51 PM PDT by Fai Mao (There is no rule of law in the US until The PIAPS is executed.)
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To: jeannineinsd

This will just up the punitive damages part.


8 posted on 06/11/2019 3:43:00 PM PDT by E. Pluribus Unum (Capitalism produces EVERYTHING Socialists/Communists/Democratic-Socialists wish to "redistribute.")
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To: Fai Mao

They have an $800,000,000 endowment.

This is just a blip.


9 posted on 06/11/2019 3:44:15 PM PDT by E. Pluribus Unum (Capitalism produces EVERYTHING Socialists/Communists/Democratic-Socialists wish to "redistribute.")
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To: jeannineinsd

Sure hope the judge remembers that Oberlin didn’t cut the Gibson’s any slack. Turn-around is fair play.


10 posted on 06/11/2019 3:49:21 PM PDT by ryderann
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To: Fai Mao

Depending on state law, the judge probably can vacate a verdict, especially in a civil case.


11 posted on 06/11/2019 3:49:39 PM PDT by jjotto (Next week, BOOM!, for sure!)
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To: jeannineinsd

Where is this?


12 posted on 06/11/2019 3:51:00 PM PDT by Menehune56 ("Let them hate so long as they fear" (Oderint Dum Metuant), Lucius Accius (170 BC - 86 BC))
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To: jeannineinsd

The judgement was for actual damages. The judge will have trouble with that since they still haven’t considered or even heard the punitive evidence. If the judge has grounds to set aside actual damages, he better be ready for some deep examination on appeal.
I think this was premature on Oberlin’s part. We will see.


13 posted on 06/11/2019 3:53:03 PM PDT by Steamburg (Other people's money is the only language a politician respects; starve the bastards)
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To: DoughtyOne

The leftists own the Judiciary, they will find a way to throw out the verdict...


14 posted on 06/11/2019 3:53:38 PM PDT by SecondAmendment (This just proves my latest theory ... LEFTISTS RUIN EVERYTHING!)
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To: Menehune56

The trial is taking place in Lorain County, Ohio. This report is from a local Ohio newspaper.


15 posted on 06/11/2019 3:57:35 PM PDT by jeannineinsd
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To: Fai Mao

“The fine may shut the place down.”

Unfortunately, No! Oberlin had (in 2013) nearly $800 million in their endowment fund. They have deep pockets. The question isn’t whether they can survive having to pay out $33 million. I would like to see them have to cough it up though.


16 posted on 06/11/2019 3:57:39 PM PDT by vette6387
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To: Fai Mao
Oberlin College is in big trouble over this. The fine may shut the place down.

Not a chance. They have an endowment of close to a billion dollars.

With an $887.4 million endowment last year, 186-year-old Oberlin is wealthier than most small private institutions, but far behind its wealthier peers -- colleges like Amherst, Swarthmore and Wellesley all reported endowments at or near $2 billion. For the past few years, Oberlin has drawn about 5 percent of its endowment for operating expenses, a standard distribution. Last year, that amounted to about $44.1 million.
17 posted on 06/11/2019 3:59:52 PM PDT by Dr. Sivana
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To: Menehune56

Oberlin, Ohio


18 posted on 06/11/2019 4:00:14 PM PDT by Atlantan
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To: jeannineinsd

I’m no lawyer but been involved in a few cases over the years. Maybe it varies by states but this question of breaking down the damages should have been objected to when they wrote the jury instructions.


19 posted on 06/11/2019 4:00:15 PM PDT by monkeyshine
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To: jeannineinsd

They appear to be at the Throw Shit at the Wall and See What Sticks phase of the lawsuit.


20 posted on 06/11/2019 4:01:15 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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