Court reduces Oberlin total judgment by smallest amount
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.
Readers!
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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.
Readers!
Every February I run a fund-raising drive during my birthday month. This year I celebrate my 72nd birthday, and hope and plan to continue writing and posting on Behind the Black for as long as I am able.
I hope my readers will support this effort. As I did in my November fund-raising drive, I am offering autographed copies of my books for large donations. Donate $250 and you can have a choice of the hardback of either Genesis: the Story of Apollo 8 or Conscious Choice: The origins of slavery in America and why it matters today and for our future in outer space. Donate $200 and you can get an autographed paperback copy of either. IMPORTANT! If you donate enough to get a book, please email me separately to tell me which book you want and the address to mail it to.
Please consider supporting my work here at Behind the Black. My analysis of space, politics, and culture, taken from the perspective of an historian, is almost always on the money and ahead of the game. For example, in 2020 I correctly predicted that the COVID panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Every one of those 2020 conclusions has turned out right.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation or subscription:
4. Donate by check, payable to Robert Zimmerman and mailed to
Behind The Black
c/o Robert Zimmerman
P.O.Box 1262
Cortaro, AZ 85652
You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above.
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.