Oberlin college versus local store

[LittleLebowski]

https://legalinsurrection.com/2019/0...-the-question/

Clarence “Trey” James, an African-American who had worked at the store since 2013, first denied that any racism existed in either the store’s treatment of its customers, or how he has been treated. “Never, not even a hint,” James said. “Zero reason to believe, zero evidence of that.”

James said he had moved to Oberlin from Cleveland to have a better family life for his young daughter. He is a single-father of a teenager, and he said that he and his daughter were invited over Dave Gibson’s house for Thanksgiving and Christmas dinner.

[BillSWPA]

https://legalinsurrection.com/2019/0...-the-question/

So by trying to harm this business, Oberlin was harming the jobs of the very people they claimed to have defended.



Sent from my iPhone using Tapatalk

[Joe in PNG]

So by trying to harm this business, Oberlin was harming the jobs of the very people they claimed to have defended.

Nothing new. Those into radical virtue signaling are only interested in making themselves look good and righteous.

They don't especially care if it hurts other people or the cause they are supposed to be helping. That's not the issue.

[okie john]

Looks like the jury REALLY didn’t like Oberin’s case.

https://www.apnews.com/a9b095a4bf9040ed86b814fc9f889c0f

CLEVELAND (AP) — Owners of a market in a famously liberal town were awarded $44 million in damages this week in their lawsuit claiming Oberlin College hurt their business and libeled them in a case some observers said embodied racial hypersensitivity and political correctness run amok.

Okie John

[vcdgrips]

I am not your lawyer. I am not giving legal advice. Any opinion expressed are personal and are not those of any employer, past, present or future. I am not licensed in Ohio.

Max recovery a this point may only be 33 million as punies are likely capped at 2x actual damages.


BUT An appeal bond on 33 million is likely to be 2% per yr. Statutory interest on a judgement in Ohio is 4% per yr. Cost of defense to date and costs of the appeal will be 7 figures.

Therefore it will likely cost Oberlin 3-5 million just to play this appeal out.

A loss on appeal and the passage of time could cost Oberlin close to 40 million.

Oberlin should be trying to make this go away ASAP, high seven figures. (As in sub 10 million), certified funds to the plaintiffs in 24 hrs with a serious mutual non disclosure, no further comment agreement.

[BillSWPA]

I am not your lawyer. I am not giving legal advice. Any opinion expressed are personal and are not those of any employer, past, present or future. I am not licensed in Ohio.

Max recovery a this point may only be 33 million as punies are likely capped at 2x actual damages.


BUT An appeal bond on 33 million is likely to be 2% per yr. Statutory interest on a judgement in Ohio is 4% per yr. Cost of defense to date and costs of the appeal will be 7 figures.

Therefore it will likely cost Oberlin 3-5 million just to play this appeal out.

A loss on appeal and the passage of time could cost Oberlin close to 40 million.

Oberlin should be trying to make this go away ASAP, high seven figures. (As in sub 10 million), certified funds to the plaintiffs in 24 hrs with a serious mutual non disclosure, no further comment agreement.

I agree with everything you said but if I were the bakery’s lawyer I would advise them not to settle for an amount that far below the jury award.

Settling for a lower amount makes sense if there are issues that have a legitimate chance of success on appeal or if the ability of the defendant to actually come up with the $ is in question.



Sent from my iPhone using Tapatalk

[Glenn E. Meyer]

Total award was $44M. The Chronicle of Higher Ed. has a good article but it's behind the paywall. Basic points:

1. The school may not be responsible for the students.
2. The faculty opinion is in a gray area of free speech but the faculty using school equipment and computing resources does fall on Oberlin. The faculty being agents of the school is gray.
3. The Dean is an agent of the school and thus Oberlin is responsible for that involvement.

The case is an important precedent for faculty free speech when the faculty member invokes his or her involvement with the school in the discussion and tries to organize responses from students using school resources.

[LittleLebowski]

Total award was $44M. The Chronicle of Higher Ed. has a good article but it's behind the paywall. Basic points:

1. The school may not be responsible for the students.
2. The faculty opinion is in a gray area of free speech but the faculty using school equipment and computing resources does fall on Oberlin. The faculty being agents of the school is gray.
3. The Dean is an agent of the school and thus Oberlin is responsible for that involvement.

The case is an important precedent for faculty free speech when the faculty member invokes his or her involvement with the school in the discussion and tries to organize responses from students using school resources.

I wonder if it was a school bullhorn that Meredith Raimondo was using .

[Glenn E. Meyer]

That and others: http://www.chroniclet.com/cops-and-c...s-forward.html

Bunch of idiots.

From the Chronicle , behind the pay wall on implications for colleges:

Lake, the Stetson law professor, said the implications of the case could be “staggering” if the verdict is upheld.

“Colleges are caught in an impossible situation unless something is resolved,” he said. “On the one hand, they’re being ordered by the president of the United States to create a marketplace of ideas on campus and protect speech broadly. But then doing so could get you sued for defamation.”

Lake said a clear understanding of the legacy of this case won’t emerge until an appellate court’s review. It’s unclear what the college’s next step is. What’s already clear, he said, is that colleges are entering a new era of media-related lawsuits and must determine how meet the challenges.

“Because we weren’t really ever cast in the role of being The New York Times or NBC, you could kind of get away with not knowing media law well,” Lake said. “But this is a game-changer. Academic freedom is not blanket freedom from libel. Just because you work at a college doesn’t mean you have special privileges that other media defendants don’t.”

[UNK]

That and others: http://www.chroniclet.com/cops-and-c...s-forward.html

Bunch of idiots.

From the Chronicle , behind the pay wall on implications for colleges:

The college condoned and participated. Not the same thing as free speech? It would be the best ever if the bakery took some of those funds and sued individuals involved. Right now there is no personal accountability or pain.