Reply to Oberlin defamation suit and verdict : not a good optic

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Now, with punitive damages, the total jury award is $44 million. Wow.  [/quote]

Actually the punitives are capped by state law at twice the compensatory damages.

So the $33 million punitive awarded will automatically be reduced to $22 million.

That means the plaintiff will receive $33 million in total ($11 million compensatory plus $22 million punitive) plus attorneys fees and costs.

https://legalinsurrection.com/2019/06/oberlin-college-hit-with-maximum-punitive-damages-capped-at-22-million-by-law-in-gibsons-bakery-case/
[/quote]

That's an insane amount of money.

I assume the college is insured against things like this?[/quote]

That's why the insurance companies are trying to submit a motion. They don't want to have to pay out all this money because of a bunch of stupid students and a silly dean.

It will be interesting if this award is upheld because you better believe that every insurance company will be quickly reevaluating all their insurance policies with the colleges. There are pros and cons to this. The upside is that it would hopefully force the colleges to be a lot more careful in how they endorse/support student protests. Which is sensible.  [/quote]

https://www.forbes.com/sites/evangerstmann/2019/06/13/ohio-jury-hits-oberlin-college-with-ferocious-and-illegal-punitive-damages/amp/?fbclid=IwAR0JvAT_BRf1V8fh0Ftb6bo7QNGTERgNhv_8NPd-8vaYSM_jx9KLQcROKFA[/quote]

I read the commentary and respect the writer's opinion. He brings up several excellent points and I also agree that the jury award was ridiculous [b]and the jury can be argued to be seeking to punish Oberlin[/b] rather than seeking the fairest remedy.

As he stated, "But courts are supposed to temper anger with a respect for the rule of law." One can argue that Oberlin did not show respect for the rule of law as evidenced by the Dean's attitude and handling of the police's investigation. More to that, Oberlin was at fault for allowing a certain campus and thought climate to flourish that led to the protests and encounter with the bakery, which the writer himself admits. The question then becomes what is the fair remedy for the situation? Did the college use its influence to try to tamper with the bakery's actions? And the bakery's commercial activities by endorsing the student protests and suspending trading activities with the bakery and called other suppliers to do the same? To what extent are financial damages justified in the name of freedom of speech?

All these are surely questions to be addressed when considering a fair remedy to the lawsuit. It will be interesting to see what follows. [/quote]

? That's why they're called punitive damages. The compensatory damages were 11 million [/quote]

What do you seriously think is a "fair remedy" to a relentless, strategic and malicious attack on your character, your livelihood, your retirement and the legacy for your dependents? Something that wiped out your retirement accounts, caused you extreme stress and anxiety and health issues, the risk of physical danger to yourself and your family, and something that could ultimately drive you out of your home and actually the entire town where you had made a life? Accusing you of what is essentially a hate crime? What's fair for that?? Five bucks??

Oberlin is a well established and formerly well respected institution, which is why the smear campaign worked in the first place. Outrageous. They can pay, and so they should.[/quote]

+ a million.[/quote]

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