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Oberlin College hit with $11M judgement in libel/defamation lawsuit


Beau Vine

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WaPo:

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On Nov. 9, 2016, the day after Donald Trump clinched the presidency, a student at Oberlin College entered a local bakery and convenience store, hoping to leave with a few bottles of wine.

Instead, Jonathan Aladin, 19, ran from the store, chased by an employee, Allyn D. Gibson. A brawl broke out between the two men — the young black student, a sophomore at the time, and the white businessman — which turned into a standoff between the liberal arts college and the downtown establishment, a proxy war in a larger struggle over free speech, racial sensitivity and town-gown relations.

The skirmish came with a price tag for the college of $11 million, the sum awarded on Friday to the business by a jury in Lorain County, Ohio. The judgment, which found the college responsible for libel and infliction of emotional distress, provided a bookend to the bitter conflict, which has divided the Oberlin community, nestled 35 miles from Cleveland.

Gibson’s Bakery is a century-old, family-owned business whose fortunes are tightly bound to the college. The shop long supplied Oberlin, the largest employer in town, with bagels and pastries. Alumni return for the apple fritters and whole-wheat doughnuts.

The storied business sits adjacent to the campus, a bastion of liberal activism. Founded in 1833, Oberlin was the first interracial and coeducational college in the United States. The town was a stop on the Underground Railroad. Today, it is nearly 15 percent black, as is 5 percent of Oberlin’s undergraduate population.

In recent years, the college has been an epicenter of the campus culture wars — a site of vehement debate over trigger warnings, safe spaces and the limitations of the Western canon. At Oberlin, no issue is too trivial for critique, not even the authenticity of Chinese cuisine served in the cafeteria.

In the fall of 2016, students were on high alert following the dismissal of an assistant professor of rhetoric and composition, Joy Karega, over incendiary statements on social media, including her suggestion that Israel was behind the terrorist attacks of Sept. 11, 2001. Karega, who is black, said she was a victim of discrimination. The college’s Black Student Union, assailing Oberlin as an “unethical institution,” had previously called for her tenure.

Against this backdrop, the conflict between Gibson and Aladin erupted, leading to the student’s arrest and arraignment on a robbery charge. The encounter spurred allegations of racial profiling, igniting protests that unfolded in the overwrought days following the 2016 election. Residents of Oberlin favored Hillary Clinton to Trump 11 to 1, while the surrounding county, where the case was later heard, came down on the side of the Democrat by scarcely more than 100 votes.

When Aladin arrived at the front of the store, Gibson, 32 at the time, told the student that he was contacting the police, saying he had seen him slip two bottles of wine under his clothes. When he pulled out his phone to take a picture, according to a police report, Aladin slapped it away, causing it to strike Gibson’s face.

Gibson followed the student from the store, where they began exchanging blows across the street, which is campus property. Police said they arrived to find Gibson on his back, with Aladin, joined by two friends, punching and kicking him. All three undergraduates were charged, Aladin with robbery and his friends with assault.

Students mobilized, encouraging a boycott of the establishment, which is owned by Gibson’s father, David R. Gibson, and his grandfather, also named Allyn.

“A member of our community was assaulted by the owner of this establishment yesterday,” read a flier distributed outside the bakery, calling Gibson’s a “RACIST establishment with a LONG ACCOUNT of RACIAL PROFILING and DISCRIMINATION.” The leaflet recommended 10 rival businesses where patrons could go instead.

Police later conducted an investigation and found that 40 adults had been arrested for shoplifting at Gibson’s in a five-year period, among them six African Americans.

On the Friday after the arrest, Oberlin’s then-president, Marvin Krislov, and its vice president and dean of students, Meredith Raimondo, emailed students putting reactions to the confrontation at Gibson’s in the context of “fears and concerns that many are feeling in response to the outcome of the presidential election.” They pledged “every resource to determining the full and true narrative” and said they were “deeply troubled because we have heard from students that there is more to the story than what has been generally reported.”

The college suspended its Gibson’s order the following week — later saying this was an attempt to “deescalate student unrest” — but restored it in early 2017.

In August, the three students at the center of the tumult pleaded guilty to amended misdemeanor charges — Aladin to attempted theft, aggravated trespassing and underage purchase of alcohol. Before their sentencing, which involved restitution but no jail time, each student read a statement acknowledging that Gibson was justified in trying to restrain Aladin and that the owner’s actions had not been racially motivated, according to court documents.

A lawyer for the teenager pointed to political turmoil in explaining his client’s behavior. “This election, whatever side people stood on, is very emotional,” he said.

For Gibson’s owners, the plea deal reached by the students with prosecutors did not settle the matter. In November 2017, they filed a civil complaint against Oberlin in the Lorain County Court of Common Pleas. Accusing the college of lending support to the protests, the Gibson family sued the institution, as well as Raimondo, for libel, slander, interference with business relationships, interference with contracts, deceptive trade practices, intentional infliction of emotional distress, negligent hiring and trespass.

The owners argued that college leaders facilitated the “illegal defamation and economic boycott” by helping students copy and distribute the fliers, as well as joining them at protest actions and allowing them to skip class and gain credit to continue their campaign. According to the complaint, a Facebook post by an Oberlin academic department stated, “Gibson’s has been bad for decades, their dislike of Black people is palpable. Their food is rotten and they profile Black students. NO MORE! "

“Gibson’s Bakery has suffered a severe and sustained loss of student, professor, administrative, and college department business,” the complaint argued. It also pointed to a “severe emotional and physical toll” on the family. Their home had been damaged, they claimed, and their car tires punctured.

The college responded by arguing that none of the statements cited by the bakery’s owners had been defamatory. Instead, they represented protected speech. Specifically, the filing maintained that the allegation of racism could not be grounds for a defamation claim because it was a statement of opinion that could not be proven false.

Lawyers further argued that Oberlin was not responsible for the views expressed by its students. Raimondo, in her response, said she was present at the protests to ensure they did not descend into violence.

Oberlin acknowledged that some of its students viewed the bakery’s owners as racist. Lawyers for the college accused the Gibson family of adopting an “us versus them” mentality toward the campus community, citing posts on social media by the younger Gibson that took aim at “entitled” students. In a further response, the college denied allowing students to skip class in favor of their protest activity.

Jurors in Lorain County heard the case this spring. Communication unveiled in court filings and at trial revealed how different members of the college community reacted to the controversy. Some were apparently embarrassed by protest activity they felt reflected poorly on the campus, while others said the boycott had been effective in targeting Gibson’s with a “smear on their brand” since the business was unresponsive to other forms of pressure.

Raimondo took the stand and denied accounts that she had instructed college staff to engage in unruly behavior at the demonstrations. She said she lacked “control of the students.” Court documents revealed how she and another administrator shared a sense of outrage after a professor spoke against the boycott.

"[Expletive] him,” Raimondo wrote in a message, the Elyria Chronicle-Telegram reported. She added, “I’d say unleash the students if I wasn’t convinced this needs to be put behind us.”

The lawsuit ensured it wasn’t.

On Friday, jurors awarded Gibson’s and its owners $11 million. According to the Chronicle-Telegram, the court found that the college had libeled the bakery and its owners, in addition to inflicting emotional distress on the owners. It found that Raimondo was also responsible for libel, as well as for interfering with the bakery’s business.

The court assigned $5.8 million to Gibson’s father and $3 million to his grandfather, as well as $2.2 million to the bakery. The plaintiffs could gain more in punitive damages, which are the subject of the second phase of the trial, set to begin Tuesday.

Reacting to the verdict, an attorney for the bakery cast the controversy as a story of David and Goliath.

“I think part of what we did here today is answer the question as to, ‘What are we going to tolerate in our society?’" he said, according to the Chronicle-Telegram. “We’re hopeful that this is a sign that not only Oberlin College but in the future, powerful institutions will hesitate before trying to crush the little guy.”

In an email to the college alumni association, an Oberlin vice president, Donica Thomas Varner, said legal counsel was reviewing the verdict and deciding how to proceed. Oberlin’s spring semester ended on May 19.

“We are disappointed with the verdict and regret that the jury did not agree with the clear evidence our team presented,” she wrote. “The College and Dr. Raimondo worked to ensure that students’ freedom of speech was protected and that the student demonstrations were safe and lawful.”

The administrator reiterated the central argument made by Oberlin’s lawyers — that colleges “cannot be held liable for the independent actions of their students,” as she put it.

In the episode’s aftermath, however, the college has aimed to mold the behavior of its students. Last year, Oberlin’s president, Carmen Twillie Ambar, wrote to the local business community about a set of new initiatives designed to teach incoming students how to be a “good neighbor” to local establishments.

The effort includes encouraging students to buy local goods and a new orientation program whose title makes its aim unambiguous: “Community 101.”

I love how the VP is criticizing the jury before the jury has decided on punitive damages.  That seems like a great plan.

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Am I understanding correctly that a very liberal college in a town with a deep history of racial equality and that is close to Cleveland, currently has a 5% black student population?

I was waiting for someone to point that out especially given similar criticism often leveled at UT.
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2 hours ago, HornsOverIthaca said:

That is interesting.

It's an interesting story. A graduate of Penn, Heisman both coached and played for Oberlin and led them to an undefeated* season in his first year. That included two wins over Ohio State. The first 40-0, the second 50-0. 

* The final win over Michigan is disputed. Oberlin records it as a 24-22 victory for the Yeomen. It was a relatively lawless time before the creation of any governing body over the sport. Back then the teams negotiated on the rules and each provided a referee. The Oberlin ref ruled that the game was over and their team left the field and boarded the bus home. The Michigan ref ruled that the game wasn't over and they lined up on an empty field to run in the "winning" score. Michigan records it as a 26-24 victory for the Wolverines. 

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18 minutes ago, WhatTheBuck said:

It's an interesting story. A graduate of Penn, Heisman both coached and played for Oberlin and led them to an undefeated* season in his first year. That included two wins over Ohio State. The first 40-0, the second 50-0. 

* The final win over Michigan is disputed. Oberlin records it as a 24-22 victory for the Yeomen. It was a relatively lawless time before the creation of any governing body over the sport. Back then the teams negotiated on the rules and each provided a referee. The Oberlin ref ruled that the game was over and their team left the field and boarded the bus home. The Michigan ref ruled that the game wasn't over and they lined up on an empty field to run in the "winning" score. Michigan records it as a 26-24 victory for the Wolverines. 

Aggy needs to sue Michigan for stealing Aggyness.

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24 minutes ago, WhatTheBuck said:

* The final win over Michigan is disputed. Oberlin records it as a 24-22 victory for the Yeomen. It was a relatively lawless time before the creation of any governing body over the sport. Back then the teams negotiated on the rules and each provided a referee. The Oberlin ref ruled that the game was over and their team left the field and boarded the bus home. The Michigan ref ruled that the game wasn't over and they lined up on an empty field to run in the "winning" score. Michigan records it as a 26-24 victory for the Wolverines. 

This means the Michigan ref gave 4 points to Michigan.

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1 minute ago, Bevo said:

This means the Michigan ref gave 4 points to Michigan.

Home cookin' at its finest. But based on the available evidence, Michigan may well have been right that the game wasn't over. Who can say for sure? It was a different time. But that's a really strange way to finish a game. 

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1 hour ago, WhatTheBuck said:

Home cookin' at its finest. But based on the available evidence, Michigan may well have been right that the game wasn't over. Who can say for sure? It was a different time. But that's a really strange way to finish a game. 

Ask Brat, he listened to the game on the can 

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So this is the guy (in the front) the three students had on the ground and were stomping:

Gibson-Bakery-Oberlin-College-Trial-Davi

I'll bet that played well with the jury.  How in the world did Oberlin let this get to trial?

 

Also, Oberlin has turned the ship in only two days!

From this:

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In an email to the college alumni association, an Oberlin vice president, Donica Thomas Varner, said legal counsel was reviewing the verdict and deciding how to proceed. Oberlin’s spring semester ended on May 19.

“We are disappointed with the verdict and regret that the jury did not agree with the clear evidence our team presented,” she wrote. 

to this:

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Oberlin College’s attorneys, meanwhile, tried to convince the jury that the college has learned its lesson and is being a better community partner by educating its students on how to be good neighbors and residents.

Oberlin attorney Rachelle Kuznicki Zidar had a different take, telling jurors that her client heard the message they sent when they ruled against the college.

“You have sent a profound message,” she told the jury. “Colleges across the nation have heard you” and Oberlin College in particular “never wants to sit at this table ever again.”

 

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Jury hits Oberlin College with a total $44.2 million in damages

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ELYRIA, Ohio — The family at the center of a defamation lawsuit against Oberlin College hugged in celebration Thursday when a jury granted them $33 million in punitive damages on top of the $11 million compensatory award they’re already owed by the liberal arts school.

The newly decided punitive damages — money awarded to plaintiffs in a civil lawsuit to punish defendants and defer future bad conduct — were broken down by the jury into $17.5 million for David Gibson, $8.75 million for family patriarch Allyn Gibson, and $6.97 million for their company, Gibson Bros, Inc.

I thought 33 million was the max, but I guess not.

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4 hours ago, Beau Vine said:

So this is the guy (in the front) the three students had on the ground and were stomping:

Gibson-Bakery-Oberlin-College-Trial-Davi

I'll bet that played well with the jury.  How in the world did Oberlin let this get to trial?

 

Also, Oberlin has turned the ship in only two days!

From this:

to this:

 

No that's grandpa Allyn.  They beat on young Allyn.

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1 minute ago, TwiceHorn said:

11+33=44.  Three times for punitives isn't a hard and fast rule, but it's close.  One would be foolish to ask for more.

But wasn't 2x punitive the max? 11 + 22 = 33 million

Maybe not. I'm not a lawyer.

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1 minute ago, ajax said:

But wasn't 2x punitive the max? 11 + 22 = 33 million

Maybe not. I'm not a lawyer.

I havent kept up with the law, but as far as I know, wikipedia's summary is reasonably accurate:

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There is no maximum dollar amount of punitive damages that a defendant can be ordered to pay. In response to judges and juries which award high punitive damages verdicts, the Supreme Court of the United States has made several decisions which limit awards of punitive damages through the due process of law clauses of the Fifth and Fourteenth Amendments to the United States Constitution. In a number of cases, the Court has indicated that a 4:1 ratio between punitive and compensatory damages is high enough to lead to a finding of constitutional impropriety and that any ratio of 10:1 or higher is almost certainly unconstitutional. However, the Supreme Court carved out a notable exception to this rule of proportionality in the case of TXO Production Corp. v. Alliance Resources Corp., where it affirmed an award of $10 million in punitive damages, despite the compensatory damages being only $19,000, a punitive-to-compensatory ratio of more than 526 to 1. In this case, the Supreme Court affirmed that disproportionate punitive damages were allowed for especially egregious conduct.[23]

 

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4 minutes ago, TwiceHorn said:

I havent kept up with the law, but as far as I know, wikipedia's summary is reasonably accurate:

 

I found this. Not sure how this affects the above. Hopefully the amount stands. Someone in the CR thread said Oberlin has a massive endowment and the max amount won't even affect them.

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(1) In a tort action, the trier of fact shall determine the liability of any defendant for punitive or exemplary damages and the amount of those damages.

(2) Except as provided in division (D)(6) of this section, all of the following apply regarding any award of punitive or exemplary damages in a tort action:

(a) The court shall not enter judgment for punitive or exemplary damages in excess of two times the amount of the compensatory damages awarded to the plaintiff from that defendant, as determined pursuant to division (B)(2) or (3) of this section.

(b) If the defendant is a small employer or individual, the court shall not enter judgment for punitive or exemplary damages in excess of the lesser of two times the amount of the compensatory damages awarded to the plaintiff from the defendant or ten percent of the employer's or individual's net worth when the tort was committed up to a maximum of three hundred fifty thousand dollars, as determined pursuant to division (B)(2) or (3) of this section.

(c) Any attorneys fees awarded as a result of a claim for punitive or exemplary damages shall not be considered for purposes of determining the cap on punitive damages.

http://codes.ohio.gov/orc/2315.21

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14 minutes ago, ajax said:

I found this. Not sure how this affects the above. Hopefully the amount stands. Someone in the CR thread said Oberlin has a massive endowment and the max amount won't even affect them.

Roughly $900 million endowment from what the google machine tells me.

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However Kameron Dunbar, a member of Oberlin’s Class of 2019 and the communications chairman for the student senate at the time of the protests, said the case’s outcome should not be celebrated.

"It brings about concerns of free speech principles — specifically the right of students to assemble for protests, the repercussions for institutions, the liability of an institution that doesn’t censor its members’ speech,” she said. “I think those are real questions.”

Too bad this stupid bitch threw away a quarter mil on tuition and didn't actually learn anything.  

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1 hour ago, ajax said:

I found this. Not sure how this affects the above. Hopefully the amount stands. Someone in the CR thread said Oberlin has a massive endowment and the max amount won't even affect them.

http://codes.ohio.gov/orc/2315.21

Ahh.  Well that changes things. A judge has to enter judgment on a jury verdict and apparently will have to trim those down.  Not sure why the plaintiffs would ask for more than they can lawfully recover, but you see juries returning punitive verdicts that are way too big under Constitutional standards pretty regularly.

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1 hour ago, Chewbacca said:

Reading that story, it's unreal that the school's admin did all the shit they did to keep their little snowflake students happy. 

It would be if you're not already familiar with Oberlin:

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Pizza, pasta, bratwurst, matzo ball soup, General Tso’s chicken, sushi, burritos: Many foods commonly eaten in the United States are appropriated from other cultures. After all, Europeans didn’t just steal a continent from Native Americans — they also stole popcorn. And what is a truly “American” food, anyway? The Twinkie?

But at a liberal arts college in Ohio known for its academic exclusivity, dining halls and one food service company are getting called out for faux versions of other nations’ cuisines. According to an article published last month in the Oberlin Review, which covers goings-on at Oberlin College, the fight began, in part, over what was called a banh mi sandwich, but seemed little like the Vietnamese delight.

“Instead of a crispy baguette with grilled pork, pate, pickled vegetables and fresh herbs, the sandwich used ciabatta bread, pulled pork and coleslaw,” the Review reported. Diep Nguyen, a first-year student from Vietnam, complained: “It was ridiculous … How could they just throw out something completely different and label it as another country’s traditional food?”

At a college fraught with racial tension — including, in recent memory, racist graffiti, students allegedly wearing Klu Klux Klan robes, and the blog Oberlin Microaggressions — these were fighting words. Even sushi, also available on campus, wasn’t safe from being criticized as part of a “culturally appropriative sustenance system,” as the Review put it.

“When you’re cooking a country’s dish for other people, including ones who have never tried the original dish before, you’re also representing the meaning of the dish as well as its culture,” Tomoyo Joshi, a junior from Japan, said. “So if people not from that heritage take food, modify it and serve it as ‘authentic,’ it is appropriative.” The Review added that Joshi thought “the undercooked rice and lack of fresh fish is disrespectful.”

[The war on ‘microaggressions:’ Has it created a ‘victimhood culture’ on campuses?]

The school’s campus dining services blamed the alleged appropriation on a desire for variety.

“Hopefully, if you dined with us … there would be one thing in every meal that you would want to eat,” Michile Gross, director of business operations and dining services, said. She added: “It’s important to us that students feel comfortable when they are here.”

At Oberlin, meanwhile, it appears progressive politics are already on the radar of those dishing up the grub that keeps angry students energized.

“The dining halls at Oberlin College do more than feed students, faculty, and staff,” according to the school’s website. “Through progressive procurement policies, including an extensive Farm-to-Fork program, sustainable seafood principles, animal proteins free of human-therapeutic growth hormones and antibiotics, socially aligned coffee choices and cage-free eggs, Oberlin College and Bon Appétit Management Company provide nutritious meals that invest in nearby farms, dairies, ranches and aquaculture operations, preserve the bounty of our oceans, lakes and fields so they can feed future generations, and provide sufficient incomes to food producers so they can live with dignity.”

[University yoga class canceled because of ‘oppression, cultural genocide’]

Bon Appetit also puts itself forward as the dining-hall supplier even a vegetarian socialist could love.

“Our food is cooked from scratch, including sauces, stocks, and soups. (Salsa, too!),” the company’s website reads. “A pioneer in environmentally sound sourcing policies, we’ve developed programs addressing local purchasing, overuse of antibiotics, sustainable seafood, the food–climate change connection, humanely raised meat and eggs, and farmworkers’ rights. We’re grateful to have been recognized by many leading foundations, nonprofits, and industry associations for our work.”

 

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1 hour ago, ajax said:

But wasn't 2x punitive the max? 11 + 22 = 33 million

Maybe not. I'm not a lawyer.

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In Ohio, there is a cap that ensures a punitive award no more than doubles the amount of compensatory damages — which in this case means a punishment of $22 million dollars or less.

 

 

Since the award of $33.2 million is above the punitive damages cap, Lee Plakas, lead attorney for the Gibson family, said motions will probably be filed to lower the award.

 

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