Reply to Oberlin College ordered to post $36 million bond to delay Gibson’s Bakery collection of Judgment

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Reply to "Oberlin College ordered to post $36 million bond to delay Gibson’s Bakery collection of Judgment"

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[quote=Anonymous]1.  You don't have a "right to provide an affirmative defense" at trial.  You can plead one but not everything can be offered at trial.  Saying that the Plaintiff is racist is not an affirmative defense.  Oberlin's lawyer engaged in a scorched earth defense so I would imagine this was extensively briefed.  The trial judge is going to have a lot of latitude on setting the boundaries in jury trial.

2.  Attorney fees.  Normally in America you can't recover attorneys fees in a civil case.  The most common exception is when there is a contract providing attorneys fees and then it goes both ways.  However, my research shows that in Ohio, when punitive damages are awarded then the prevailing party can seek attorneys fees.  So that appears to be the basis for the award to the Plaintiffs.  Should the punitive damage award be reversed then the attorney fees would go out the window.  However this does not mean that Oberlin can then seek attorneys fees from the Plaintiffs.  Oberlin (or more likely its insurer) pays their own.

3.  Above is cited an article from a blog of the AAUP (University Professors organization).  The author is a serious SJW.  It is a rather poor source of information.

4.  As a lawyer, I'd be surprised if the business interference claim doesn't stand.  Gibsons had a contract with a third party vendor (forget the name) which in turn provided food service to the College.  Evidence was Oberlin forced third party vendor to suspend Gibsons.  This was in addition to the direct contract Gibsons had with Oberlin.  Remember the jury was the trier of fact on this and appellate court rarely overturn juries on the facts.[/quote]

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