Court reduces Oberlin total judgment by smallest amountThe court in Ohio has reduced the total jury award in the Oberlin slander case against Gibson’s Bakery to $25 million total, but by what looks like the smallest amount possible based on its interpretation of the law.
The jury originally returned a total compensatory verdict of $11 million and punitive verdict of $33 million. In these posts we detailed the arguments of the parties as to how to Ohio’s tort reform caps applied to the calculation:
The key disputes as to how to apply Ohio tort reform caps on noneconomic compensatory damages centered on whether each claim for each plaintiff was separately subject to the cap, or did the cap apply to all claims of each plaintiff. The court appears to have ruled, as plaintiffs argued, that the cap was per claim.
More significantly, the tort reform law limits punitive damages to 2X compensatory, but the issue was whether that applied to pre-cap compensatory damages or post-cap compensatory damages. That was about a $10 million swing. The court appears to have agreed with the plaintiffs argument that under the plain reading of the statute, the 2X cap applied to pre-cap compensatory damages.
Another way to put it is the court has awarded Gibson’s the maximum award possible based on its legal interpretation. To me, this suggests that the court is as offended as everyone else by Oberlin’s refusal to accept the decision while spreading falsehoods about the case and maligning the jury.
They will have a hearing on how much Oberlin will have to pay for Gibson’s attorney’s fees on July 10.
On Christmas Eve 1968 three Americans became the first humans to visit another world. What they did to celebrate was unexpected and profound, and will be remembered throughout all human history. Genesis: the Story of Apollo 8, Robert Zimmerman's classic history of humanity's first journey to another world, tells that story, and it is now available as both an ebook and an audiobook, both with a foreword by Valerie Anders and a new introduction by Robert Zimmerman.
The print edition can be purchased at Amazon. from any other book seller, or direct from my ebook publisher, ebookit.
The ebook is available everywhere for $5.99 (before discount) at amazon, or direct from my ebook publisher, ebookit. If you buy it from ebookit you don't support the big tech companies and the author gets a bigger cut much sooner.
The audiobook is also available at all these vendors, and is also free with a 30-day trial membership to Audible.
"Not simply about one mission, [Genesis] is also the history of America's quest for the moon... Zimmerman has done a masterful job of tying disparate events together into a solid account of one of America's greatest human triumphs."--San Antonio Express-News
The court in Ohio has reduced the total jury award in the Oberlin slander case against Gibson’s Bakery to $25 million total, but by what looks like the smallest amount possible based on its interpretation of the law.
The jury originally returned a total compensatory verdict of $11 million and punitive verdict of $33 million. In these posts we detailed the arguments of the parties as to how to Ohio’s tort reform caps applied to the calculation:
The key disputes as to how to apply Ohio tort reform caps on noneconomic compensatory damages centered on whether each claim for each plaintiff was separately subject to the cap, or did the cap apply to all claims of each plaintiff. The court appears to have ruled, as plaintiffs argued, that the cap was per claim.
More significantly, the tort reform law limits punitive damages to 2X compensatory, but the issue was whether that applied to pre-cap compensatory damages or post-cap compensatory damages. That was about a $10 million swing. The court appears to have agreed with the plaintiffs argument that under the plain reading of the statute, the 2X cap applied to pre-cap compensatory damages.
Another way to put it is the court has awarded Gibson’s the maximum award possible based on its legal interpretation. To me, this suggests that the court is as offended as everyone else by Oberlin’s refusal to accept the decision while spreading falsehoods about the case and maligning the jury.
They will have a hearing on how much Oberlin will have to pay for Gibson’s attorney’s fees on July 10.
On Christmas Eve 1968 three Americans became the first humans to visit another world. What they did to celebrate was unexpected and profound, and will be remembered throughout all human history. Genesis: the Story of Apollo 8, Robert Zimmerman's classic history of humanity's first journey to another world, tells that story, and it is now available as both an ebook and an audiobook, both with a foreword by Valerie Anders and a new introduction by Robert Zimmerman.
The print edition can be purchased at Amazon. from any other book seller, or direct from my ebook publisher, ebookit. The ebook is available everywhere for $5.99 (before discount) at amazon, or direct from my ebook publisher, ebookit. If you buy it from ebookit you don't support the big tech companies and the author gets a bigger cut much sooner.
The audiobook is also available at all these vendors, and is also free with a 30-day trial membership to Audible.
"Not simply about one mission, [Genesis] is also the history of America's quest for the moon... Zimmerman has done a masterful job of tying disparate events together into a solid account of one of America's greatest human triumphs."--San Antonio Express-News
Read about this over at Ace of Spades and the judge should have ruled that Oberlin cease in attacking the bakery, which they haven’t.
Delighted. That “the court” found this is refreshing. So often the courts seem to be repos of the most unique and rarified of sensibilities.