Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Gibson’s Bakery v.Oberlin College – Defense wants damages reduced ... (tr.)
Legal Insurrection ^ | 26 June 2019 | William A. Jacobson

Posted on 06/26/2019 5:51:02 AM PDT by Steely Tom

The massive $11 million compensatory and $33 million punitive damage verdicts in favor of Gibson’s Bakery and its owners have been matched by equally massive media condemnation of Oberlin College’s conduct.

In response, Oberlin College has developed a crisis management talking point that this “is a First Amendment case about whether whether an institution can be held liable for the speech of its students.” It’s a narrative of Oberlin College as victim, not the perpetrator the jury found it to be, and it’s being rolled out by Oberlin College with increasing media focus.

Of course, that’s not at all what the case was about. The case was about the conduct and speech of Oberlin administrators, particularly Senior Vice President and Dean of Students Meredith Raimondo, under standard and well settled principles that an employer is responsible for the tortious actions of employees acting within the scope of their employment. There is nothing novel about that legal principle, and in this case it was applied to Raimondo and other administrators, not to students.

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


TOPICS: Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: gibsons; oberlin
Navigation: use the links below to view more comments.
first 1-2021-27 next last
Oberlin looks to the law for relief.
1 posted on 06/26/2019 5:51:02 AM PDT by Steely Tom
[ Post Reply | Private Reply | View Replies]

To: Steely Tom

If the only thing that makes it hurt is the checkbook, make it hurt.


2 posted on 06/26/2019 5:53:53 AM PDT by BBQToadRibs
[ Post Reply | Private Reply | To 1 | View Replies]

To: Steely Tom

Typical leftists. Will never admit what they did was wrong. Everything is so unfair! Patriarchy! White privilege! Orange man bad!


3 posted on 06/26/2019 5:54:55 AM PDT by bk1000 (I stand with Trump)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Steely Tom

Defense wanted to kill that family’s generational business.

Screw Oberlin College’s Leftist elites.


4 posted on 06/26/2019 5:58:52 AM PDT by a fool in paradise (Denounce DUAC - The Democrats Un-American Activists Committee)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bk1000

Why are these educrats so concerned with money?


5 posted on 06/26/2019 5:59:37 AM PDT by a fool in paradise (Denounce DUAC - The Democrats Un-American Activists Committee)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Steely Tom

I don’t think the damages are high enough. Oberlin should be required to pay twice the amount.


6 posted on 06/26/2019 6:01:21 AM PDT by FlingWingFlyer (#NotARussianBot)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Steely Tom

“Defense wants damages reduced.”

I’ll bet.


7 posted on 06/26/2019 6:01:30 AM PDT by Pearls Before Swine
[ Post Reply | Private Reply | To 1 | View Replies]

To: All

The professors and administrators are running scared. A few years ago I believe it was Ayala where a husband professor spoke up for his wife who dared suggest perhaps a Halloween controversy could be avoided if students learned to live with some slight offens and free speech.

Hope this award stands and other colleges take note.


8 posted on 06/26/2019 6:04:40 AM PDT by TigerClaws
[ Post Reply | Private Reply | To 1 | View Replies]

To: Steely Tom

Its becoming obvious Oberlin has no remorse for what was done to Gibsons Market. None whatsoever.


9 posted on 06/26/2019 6:05:04 AM PDT by Tench_Coxe
[ Post Reply | Private Reply | To 1 | View Replies]

To: Steely Tom
this “is a First Amendment case about whether whether an institution can be held liable for the speech of its students.”

More lies from Oberlin. Once the Oberlin Dean of Students interjected herself the matter and the College canceled contracts with the bakery, it is no longer about the speech of students.

They may want to start the fund raising campaign now.

10 posted on 06/26/2019 6:07:07 AM PDT by HarleyD
[ Post Reply | Private Reply | To 1 | View Replies]

To: FlingWingFlyer
I don’t think the damages are high enough. Oberlin should be required to pay twice the amount.

Agreed.

11 posted on 06/26/2019 6:09:21 AM PDT by Skooz (Gabba Gabba we accept you we accept you one of us Gabba Gabba we accept you we accept you one of us)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Steely Tom

The Jury found against Oberlin. The Jury is the finder of fact.

That argument is settled. If Oberlin wants to reopen that argument, they are going to need a new trial.


12 posted on 06/26/2019 6:11:32 AM PDT by Haiku Guy (ELIMINATE PERVERSE INCENTIVES)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Steely Tom

Oberlin should face federal civil rights charges as well. Why let them off easy?


13 posted on 06/26/2019 6:25:27 AM PDT by thoughtomator (The Clinton Coup attempt was a worse attack on the USA than was 9/11)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Steely Tom

It’s absolutely not a First Amendment case. Not in any respect, and if their lawyers think it is, they are as wrong as can be. That defense should be thrown out on its ear.

It is not “the government” restricting Oberlin’s free speech rights. It is a slander and tortious interference case. They committed the offense, they produced the provable damages, and the damages are liklely permanent. Certainly longlasting.


14 posted on 06/26/2019 6:38:37 AM PDT by Attention Surplus Disorder (Apoplectic is where we want them)
[ Post Reply | Private Reply | To 1 | View Replies]

To: All
Oberlin’s cultural rot went far beyond SJW politics
into a culture of encouraging and aiding and betting student theft.

The college berated the bakery, claiming “Gibson bakery’s archaic chase-and-detain policy regarding suspected shoplifters was the catalyst for student protests."
The college defended student shoplfters saying, "the guilt or innocence of the students is irrelevant to both the
root cause of the protests and this litigation,” the college asserted.

========================================

The DOJ needs to charge Oberlin with aiding and abetting...... and related crimes.

ACTION NOW:

Call President Trump: Comments: 202-456-1111 Switchboard: 202-456-1414 email at http://www.whitehouse.gov/contact @POTUS or @realDonaldTrump on Twitter!

US CONGRESS SWITCHBOARD: (202) 224-3121

U.S. Department of Justice
Comment Line: 202-353-1555
Switchboard: 202-514-2000
FBI tip line web site----https://www.fbi.gov/tips
FBI electronic fraud unit----www.fbi.gov/scams-and-safety/common-fraud-schemes/internet-fraud
FBI Major Case Contact Center: 1-800-CALL-FBI (225-5324)

To report tax-free non-profit crimes: EMAIL enforcement@SEC.gov

To report fraudulent fund-raising:
FBI tip line web site----https://www.fbi.gov/tips
FBI electronic fraud unit----www.fbi.gov/scams-and-safety/common-fraud-schemes/internet-fraud
FBI Major Case Contact Center: 1-800-CALL-FBI (225-5324)

To report tax-free non-profit crimes: EMAIL enforcement@SEC.gov

To report fraudulent fund-raising:
FBI tip line web site----https://www.fbi.gov/tips
FBI electronic fraud unit----www.fbi.gov/scams-and-safety/common-fraud-schemes/internet-fraud
FBI Major Case Contact Center: 1-800-CALL-FBI (225-5324)

15 posted on 06/26/2019 6:46:04 AM PDT by Liz ( Our side has 8 trillion bullets; the other side doesn't know which bathroom to use.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: All

Liberals have attempted to engineer a world for themselves in which they are free from consequences: abortion, homosexuality, pedophilia, depravity, drugs, alcohol, illegitimacy, overspending, etc.

They couch it in all manner of anodyne terminology: choice, pride, sexual freedom. If they can’t make it a positive, they attack anyone who disapproves as a prude, judgmental, a hater, etc.

Among the many problems they created for themselves was the parasite class. These are people who aren’t all that interested in the high-minded talk - they just want their check. Or booze. Or drugs. The three ‘students’ were lab-perfect parasites. Violent ones.

The mass delusion has also resulted in the current state of affairs in which amoral people believe they are the most moral among us. They’ve gone from ‘leave us alone’ to ‘we won’t leave you alone.’ h/t relictele


16 posted on 06/26/2019 6:46:58 AM PDT by Liz ( Our side has 8 trillion bullets; the other side doesn't know which bathroom to use.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: All
TAX-PAYING AMERICANS BEING BILKED BY PUBLICLY-FUNDED EDUCATORS
NEED TO EMPLOY RICO LAWS TO NAIL EDUCATORS ENGAGED IN PUBLIC CORRUPTION

===============================================

CASE IN POINT The state of Georgia tried convicted and jailed 27 corrupt educators under this law.....
<><> for falsely taking public money,
<><> for falsifying official school records, and so on.

BACKSTORY The 1980 Georgia General Assembly was concerned about the increasing sophistication of various criminal elements on the public payroll (and those in elective and appointive office). the increasing sophistication of various criminal elements on the public payroll (and those in elective and appointive office). The Georgia General Assembly then adopted the Racketeer Influenced and Corrupt Organizations Act (RICO), patterned after a similar federal law. (RICO is routinely used to try to prove that a legal business was being used for illegal means, and, in at its inception, RICO was used to prosecute drug traffickers or organized crime members).

In recent years prosecutors have applied RICO to crooked government officials: (1) those accused of using their public offices for personal gain, and, (2) tax-paid officials of govt agencies using public monies to flout the law. To bring a case under Georgias RICO law, there must be at least two underlying felonies such as fraud, bribery, witness tampering (among other felonies). RICO allows prosecutors to include multiple defendants charged with various crimes in the blanket indictment, and to charge that govt employees, publicy-funded and publicly-sanctioned entities were allegedly part of an ongoing criminal enterprise.

EXAMPLE A govt official commits two felonies by (1) accepting, and, (2) filing falsified documents.

ITEM---Any public official using tax dollars to flout that law is a lawbreaker.

ITEM-- in cases where govt officials on the public payroll not giving public notice is a violation at the federal level of the 1946 Administrative Procedure Act, which requires notice in the Federal Register. Laws demand that taxpayers have the opportunity to submit views in writing.

===============================================

If proof is established that RICOed criminal public officials impaired the region's commercial and economic activity, that could also be prosecutable under the Hobbs Act.

17 posted on 06/26/2019 6:48:00 AM PDT by Liz ( Our side has 8 trillion bullets; the other side doesn't know which bathroom to use.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: All
It is entirely possible that Oberlin’s practices may violate federal laws that might include, but are not limited to:

<><> Title 18 U.S.C. §1341, Mail Fraud, 18 U.S.C.§1001, Presenting a False Document to an Agent of the US Government for funding (may involve several felonies and could include forgery);

<><> 18 U.S.C.§1027 False statements and concealment of facts in relation to documents required by ERISA enacted 1974 and other possible offenses including civil and/or criminal RICO violations.

<><> 18 U.S.C. §§1961-68 (RICO Act)18 U.S.C. §1001 (making false Statements to Agents of the US Government,

<><> 18 U.S.C. §241(Conspiracies Against Civil Rights). Violation of Civil Rights under Color of law and conspiracy. Conspiring with others to violate 4th amendment rights.

<><> Possibly full investigations centering on RICO conspiracies under 18 U.S.C. §1962(c) could be warranted because (1) the persons (2) were employed by or associated with a public enterprise (3) that engaged in or affected interstate commerce and that (4) the persons operated or managed the enterprise (5) through a “pattern” (6) of racketeering activity, and (7) the taxpayers were injured by reason of the “pattern” of racketeering activity.

<><> Alleged Offenses could include Violation of Rights – which prohibits in relevant part, “two or more persons (from conspiring) to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District

<><> Title 18 U.S.C. §2 41 – Conspiracy Against Constitutional mandates in the free exercise or enjoyment of any right or privilege secured by the Constitution or laws of the United States, or because of having so exercised the same . . .” See, 18 U.S.C. §241.

Voters should demand the following agencies commence investigations at once:
<><> FBI — Wire Fraud Division
<><> IRS-Fraud Unit
<><> Department of Justice’s Office of the Inspector General,
<><> Department of Commerce’s Office of Inspector General.
<><> DOJ’s Criminal Division— Public Integrity Section
<><> DOJ Criminal Division—Organized Crime and Gang Section.

==============================================

Call President Trump: Comments: 202-456-1111 Switchboard: 202-456-1414

US CONGRESS SWITCHBOARD: (202) 224-3121

U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Comment Line: 202-353-1555 Switchboard: 202-514-2000

FBI tip line web site----https://www.fbi.gov/tips
FBI electronic fraud unit----www.fbi.gov/scams-and-safety/common-fraud-schemes/internet-fraud
FBI Major Case Contact Center: 1-800-CALL-FBI (225-5324)

18 posted on 06/26/2019 6:48:32 AM PDT by Liz ( Our side has 8 trillion bullets; the other side doesn't know which bathroom to use.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Steely Tom

The Oberlin stance is that they are morally and intellectually superior to everyone else, especially some crass for profit business who do nothing but bake hot buns, in other words, the working class. Therefore, they should be immune for the consequences of their illegal behavior. Liberal arrogance on parade.


19 posted on 06/26/2019 7:02:07 AM PDT by centurion316
[ Post Reply | Private Reply | To 1 | View Replies]

To: Steely Tom
Senior Vice President and Dean of Students Meredith Raimondo.

Any relation to President Dwayne Elizondo Mountain Dew Herbert Camacho?

20 posted on 06/26/2019 7:24:34 AM PDT by Jeff F
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-27 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson