Thursday, June 13, 2019

Final verdict on punitive damages expected today in Gibson v Oberlin

Oberlin College to Jury: We’re cash poor and big punitive award to Gibson’s Bakery will hurt students  

Oberlin College basically begged for mercy at punitive damages hearing today. 
Gibson’s lawyers spent considerable time going over Oberlin College’s IRS Form 990, showing over $1 billion in assets and numerous employees earning over $100,000, They also got the Vice President and General Counsel of the college to admit to some of the content of the blast email she sent out soon after the compensatory verdict, including that she felt the jury disregarded the “clear evidence,” though they were not permitted to show the jury the letter itself under a prior court ruling.
The defense then argued that notwithstanding the Form 990, the college had cash flow and liquidity issues that would make a large punitive award difficult for the college. The defense compared the relatively poor financial condition of Oberlin College to other colleges and universities in Ohio. The defense argued that students would be harmed by a large verdict because the college might have to cut back on grants given to students.

So the final chapter to this low profile (but vastly important) trial comes to a close today. Granted, everyone expects that there will be appeals, etc... but the Legal Insurrection contributors following this (legal experts across the board) are seeing that as an uphill climb. Contrary to some popular believe, a new Judge cannot just decide for himself to toss everything out because he wants to. They need a valid reason to show that the defendants otherwise did not get a fair hearing.

For the most part this Judge has been known to be very careful from the onset in regards to making any rulings in favor of the plaintiffs that might grant an appeal. That was the main reason (for instance) the letter written by Oberlin expressing disappointment in the jury...  was not shown to the Jury. The only tangible issue out there that Defense lost was their attempt to change the venue. Not likely to be granted a new trial or have a judgement thrown out over that.

Judges are generally quite careful to toss aside these sorts of time consuming and expensive proceedings unless there is very obvious blatant legal reasoning to do so. Imagine how frustrating our legal proceedings would be if you went through all the trouble of having a long extended jury trial with all the bells and whistles, only to have someone who did not attend any of it, decide arbitrarily to toss everything out. As stated earlier, that is a true uphill climb.

If there is a large settlement provided today to go along with the 11 million already granted, there may be some negotiations by all parties to come to a settlement that includes a reduction in the money granted in exchange for the Defense not making any appeals (which can also delay any settlement money). A bird in hand and all of that.

20 comments:

Commonsense said...

Interesting strategy of Oberlin college to limit the punitive damages.

Insult the jurors.

Myballs said...

Now Schiff issuing subpoenas. Anything to keep this bogus accusation alive. When does this become an abuse of congressional power?

First Read said...

What’s Really Shocking About Trump’s Admission

First Read: “What’s stunning about President Trump’s admission that he’d accept dirt from a foreign government to help him win an election is not that he said it. After all, we already know that he and those around him asked for — and accepted — that help in 2016.”

“What’s stunning is that everyone should now know that the sitting president of the United States cannot ensure a fair election in 2020.”

Rounds said...

GOP Senator Says Trade War Hurting His State

Sen. Mike Rounds (R-SD) told Axios that President Trump’s trade war with China has caused the price of his state’s soybeans to plummet 20%, costing South Dakota half a billion dollars.

RCP Video said...

@rcpvideo

Mollie Hemingway: If Getting Info From A Foreign Government Is A Problem, Ask Democrats About Steele Dossier @MZHemingway

Buck Sexton said...

@BuckSexton

Democrats never have an answer to this question:

How are Christopher Steele (foreigner) and his Russian sources for the dossier (foreigners) not considered “foreign influence in our election”?

Because he got paid AND swindled the FBI like a bunch of clowns?

Jonathan Barnstein said...

Trump’s Awful Comments Need a Real Response

Jonathan Bernstein: “For one thing, it would be helpful for Wray to speak up and explain why Trump is wrong. If he doesn’t do so on his own, perhaps the House Judiciary Committee could invite him to explain it to them. This would be an appropriate time, too, for former President George W. Bush to say something. (Whatever one thinks of Bush’s terms in office, it’s hard to imagine him inviting a foreign nation to disrupt our elections.) The same for any former FBI directors, secretaries of defense and state, and other heavyweights, especially Republicans.”

“But we all know the truth: This is really on the current Republicans who could do something about it. That includes the people at Fox News and other Republican-aligned media, who don’t actually have to pretend that encouraging foreign nations to influence U.S. elections is exemplary behavior for a president. And it includes Senate Majority Leader Mitch McConnell and other congressional Republicans, who have the ability to put an end to this if they want. As long as they’re all willing to join Trump in this kind of despicable behavior, there’s no reason to expect him to stop.”

Lindsey Graham said...

@LindseyGrahamSC

Finally, the outrage some of my Democratic colleagues are raising about President Trump’s comments will hopefully be met with equal outrage that their own party hired a foreign national to do opposition research on President Trump’s campaign.............

and can I say WORDS versus DEEDS

JAMES'S FUCKING DADDY said...


It's fun to kick the lying "pastor's butt. But to easy.

ROFLMFAO !!!

JAMES'S FUCKING DADDY said...

* lying "pastor's" butt

ROFLMFAO !!!

Anonymous said...

Import Prices Dropped last month.

Anonymous said...

Pastor James Said:
"Sucking trumps dick is the bedrock of the R party.!"

Anonymous said...

From 2016 to 2016 Soybean per bushel dropped over $4.50 a bushel. The Lost Years President sucked ass.

Anonymous said...

Soybean Prices - Historical Annual Data USDA
2012 $14.62
2016 $ 9.87

Anonymous said...

CNBC
US import prices post the largest drop in 5 monthsPublished 2 Hours AgoReuters

U.S. import prices fell by the most in five months in May amid a broad decline in the cost of goods,The report was the latest indication of muted inflation that strengthens the case for the Federal Reserve to cut interest rates this year.Import prices dropped 0.3% last month, the biggest decline since last December, the Labor Department said.Data for April was revised down to show import prices rising 0.1% instead of climbing 0.2% as previously reported."

Myballs said...

Stupid hateful dems and media walked right into this one from Trump. As president he talks to people from foreign governments every day. Of course he's going to listed to information being given! Every president does and should.

What's effectively doing is convincing independents that the dems have gone over the edge.

Well done Mr president.

Anonymous said...

Exactly Balls.

Anonymous said...




what i find interesting and wildly hypocritical is that i heard not a peep from the left when 0linsky was using US taxpayer $$$ to actively influence an israeli election and prevent bibi from getting elected.



Commonsense said...

I disagree with Balls. While the president is technically correct, he bought himself a whole bunch of political headaches he could do without.

To use a popular phase, the optics doesn't look good.

Anonymous said...



Jonathan Bernstein: “For one thing, it would be helpful for Wray to speak up and explain why Trump is wrong.

so...

...what lil jonny is saying here is that all political speech now has to be filtered through the FBI.

really.

after the completely corrupt shitshow of a clusterfuck the FBI has proven itself to be, now the left wants to make them the gatekeeper for 'acceptable' (read harmful to a dem candidate) political speech.

what's especially ironic is that the FBI itself was fucking complicit in the compilation of and payment for PHONY oppo research on the trump campaign, bought and paid for by the clinton's and the DNC.

think this shit through before you post, bernstein.

it will make you look less like a clueless asshole.