Oberlin College may destroy 137–year-old, family business thanks to left-wing activists.

abby97

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https://www.foxnews.com/opinion/oberlin-college-destroy-family-business-activists

This entire article shows a despicable pattern of leftist activism destroying a 137 year old business based on false claims.

The store stopped three black students for stealing a bottle of wine and then the college called the store racists. The three students admitted they took the wine and said the store did nothing racist to them. That didn't stop the faculty and students from condemning the bakery. The college lost a lawsuit and appeals but still refuses to pay and the bakery is now going bankrupt.
 

Uniformed_ReRe

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Wow. This is still going on? How does the Oberlin administration justify dragging this out?

Doesn’t Oberlin have any sane alumni willing to speak up?
 
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Keehawk

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Wow. This is still going on? How does the Oberlin administration justify dragging this out?

Doesn’t Oberlin have any sane alumni willing to speak up?
I thought the same. I thought this was a pepsi that was old news but I guess not. Shame on them honestly.
 

pablow

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I know a really slimy collections lawyer - he'd have the school crying in a week.
 

hawkifann

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Regardless of any individual’s position on various issues that are a part of this, this is exactly why some businesses are just telling their employees to largely let theft go. This is a really sh1tty situation and I say this not to blame the store, but as a cost-benefit analysis, they’d likely have been far better off just letting the wine walk out the door and mark the bottle as a loss. Is it the right thing? No, but this is the cost-benefit decision a lot of companies are making, especially the really big ones that have a lot of brand recognition.
 

Keehawk

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Regardless of any individual’s position on various issues that are a part of this, this is exactly why some businesses are just telling their employees to largely let theft go. This is a really sh1tty situation and I say this not to blame the store, but as a cost-benefit analysis, they’d likely have been far better off just letting the wine walk out the door and mark the bottle as a loss. Is it the right thing? No, but this is the cost-benefit decision a lot of companies are making, especially the really big ones that have a lot of brand recognition.
Easier for big stores to do that. Small mom and pop bakeries probably can't afford to let a lot of theft go.
 

BelemNole

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It's an interesting case - the 'damages' that the bakery is claiming are mostly losses from not doing business with the school or the students any longer. Yet a jury (in Ohio) decided that they need to pay them tens of millions to make it right.
Does anyone think that they'll get the contract with the college back? Or will they just take the money and retire? Would that bakery ever have made $30 million if this hadn't happened?
 

NorthernHawkeye

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It's an interesting case - the 'damages' that the bakery is claiming are mostly losses from not doing business with the school or the students any longer. Yet a jury (in Ohio) decided that they need to pay them tens of millions to make it right.
Does anyone think that they'll get the contract with the college back? Or will they just take the money and retire? Would that bakery ever have made $30 million if this hadn't happened?

Would you agree that defamation cases go well beyond financial losses?
 

hawkifann

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Easier for big stores to do that. Small mom and pop bakeries probably can't afford to let a lot of theft go.
I don’t disagree with this. I just see in other threads, some people questioning why stores don‘t do anything to stop theft. Intervening has a number of potential costs and this is one of them. Small businesses are in a tough position and you’re right, the big stores have way more margin to just absorb things like this.
 
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abby97

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It's an interesting case - the 'damages' that the bakery is claiming are mostly losses from not doing business with the school or the students any longer. Yet a jury (in Ohio) decided that they need to pay them tens of millions to make it right.
Does anyone think that they'll get the contract with the college back? Or will they just take the money and retire? Would that bakery ever have made $30 million if this hadn't happened?
They haven't made anything to date. The school is simply acting evil.
 

Keehawk

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It's an interesting case - the 'damages' that the bakery is claiming are mostly losses from not doing business with the school or the students any longer. Yet a jury (in Ohio) decided that they need to pay them tens of millions to make it right.
Does anyone think that they'll get the contract with the college back? Or will they just take the money and retire? Would that bakery ever have made $30 million if this hadn't happened?
I wouldnt be surprised if they lost a lot more than just the college sales. Their regular sales had to have been affected too. Probably every aspect of their sales was affected.
 
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BelemNole

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I wouldnt be surprised if they lost a lot more than just the college sales. Their regular sales had to have been affected too. Probably every aspect of their sales was affected.
Why? This is Ohio, not Seattle. Why would the rest of the community shun them if they've lost the law suit? You'd think in a deep red state people would be lining up to buy their baked goods.
 

Keehawk

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Why? This is Ohio, not Seattle. Why would the rest of the community shun them if they've lost the law suit? You'd think in a deep red state people would be lining up to buy their baked goods.
Yeah, that's why they've had to mortgage everything they own. Because sales are through the roof...
 

BelemNole

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Yeah, that's why they've had to mortgage everything they own. Because sales are through the roof...
Businesses fail for all sorts of reasons. Lots failed during covid. And I'm sure that the college was a large part of their revenue stream. But you can't force the college to do business with you if they don't want to. So I guess you sue them for tens of millions instead. And close shop and retire.
 

AuroraHawk

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https://www.foxnews.com/opinion/oberlin-college-destroy-family-business-activists

This entire article shows a despicable pattern of leftist activism destroying a 137 year old business based on false claims.

The store stopped three black students for stealing a bottle of wine and then the college called the store racists. The three students admitted they took the wine and said the store did nothing racist to them. That didn't stop the faculty and students from condemning the bakery. The college lost a lawsuit and appeals but still refuses to pay and the bakery is now going bankrupt.

Ruling from Ohio Supreme Court: https://www.cleveland.com/news/2022...million-judgement-while-appeals-play-out.html

Here's my question: Wouldn't the bakery close regardless of whether the judgment is paid today or sometime after the appeal process has played out? If the bakery isn't generating sufficient revenue to match the costs of operation, then it will have to close its doors. Judgment was rendered in 2019 - 3 years ago. By this point, business is either "coming back" or not. Receiving the judgment today isn't going to flip any "magic switch" and cause business to start flooding in. Regardless of the cause (and I'm not discounting the role that the incident played), it appears that the proverbial damage has been done.

If the Gibsons prevail on the appeal, the money will be there. Oberlin College posted the appellate bond. The bond protects the Gibsons in that it ensures that the entire judgment will be payable after the appeals process is exhausted. In the interim, interest on the judgment accumulates (pretty sure that more than $4M has accrued since the date of judgment) to the Gibsons' benefit - assuming they prevail. The FOX News story conveniently omits that Oberlin College obtained an appellate bond.

It is really not an earth-shattering revelation that a judgment isn't collectible while the appellate process is exhausted - so long as there is an appellate bond that has been procured.

And, I'll sign off on this post with a riddle: "The legal strategy of flexing superior financial muscle, obtaining appellate bonds to avoid paying judgments for as long as possible and foisting costs/fees upon an opponent would be characterized by the former president as [FILL IN THE BLANK]." Would the former president call that strategy "disgusting" or would he call it "smart?" (Before answering, you might want to look at his history of litigation)

Just throwing that out there for consumption - particularly to those who want to paint with extremely broad political brushes.
 
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AuroraHawk

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I know a really slimy collections lawyer - he'd have the school crying in a week.
Or, he'd see that Oberlin College procured an appellate bond and advise the family that they'll have to wait until after the appellate process plays out.

I guess if he's "slimy," he'd take their money, advise them that he'll "have them crying in a week," lose and say "oh well."
 

Jan Itor

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Businesses fail for all sorts of reasons. Lots failed during covid. And I'm sure that the college was a large part of their revenue stream. But you can't force the college to do business with you if they don't want to. So I guess you sue them for tens of millions instead. And close shop and retire.
Unbelievable.
 

Tylerl_28

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It's an interesting case - the 'damages' that the bakery is claiming are mostly losses from not doing business with the school or the students any longer. Yet a jury (in Ohio) decided that they need to pay them tens of millions to make it right.
Does anyone think that they'll get the contract with the college back? Or will they just take the money and retire? Would that bakery ever have made $30 million if this hadn't happened?

Kinda like the Sandy Hook case. Why should those families get money from Alex Jones? Did he stop them from making $40 million dollars?
 
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BelemNole

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Kinda like the Sandy Hook case. Why should those families get money from Alex Jones? Did he stop them from making $40 million dollars?
That's an interesting comparison. The jury rewards are about the same. Do you think a protest by some students that went on for two days is the same as what Jones did?

There were TWO days of protests and the school stopped buying baked goods for one month....until the family sued. At which time they canceled the contract.

So you think two days of protest by some students is the same as encouraging fans of the show to harass families for years with death threats?
 
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abby97

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The college is just being vengeful because the bakery had the nerve to stand up for themselves and call BS on the college's racism nonsense. When the perpetrators themselves said there wasn't any racism, that tells you all you need to know.

It's really sad that just because the thieves were black the racist college jumped to conclusions.
 
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pablow

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Or, he'd see that Oberlin College procured an appellate bond and advise the family that they'll have to wait until after the appellate process plays out.

I guess if he's "slimy," he'd take their money, advise them that he'll "have them crying in a week," lose and say "oh well."

The Ohio Court of Appeals affirmed last week, I think the next appeal, to the Ohio Supreme Court, is discretionary - are they going further? I have no idea.
 

AuroraHawk

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The Ohio Court of Appeals affirmed last week, I think the next appeal, to the Ohio Supreme Court, is discretionary - are they going further? I have no idea.
I believe that the appellate court issued its opinion in April and both parties have requested the Ohio Supreme Court to reverse the trial court's rulings on various issues. Without seeing the specific issues that the parties are appealing, it is really difficult to assess whether the Ohio Supreme Court is going to take the case. From what I've read, Oberlin College's liability largely lies on a claim that it "aided and abetted" defamatory conduct of its students. I've also read that liability for "aiding and abetting" is well-established under existing Ohio common law. If I had to look into a crystal ball, I'd guess that Oberlin is claiming that "aiding and abetting" is a unconstitutional restriction on First Amendment rights. There may be an increased likelihood of the Ohio Supreme Court taking the case since a constitutional issues is involved. However, if that particular issue has been previously addressed, the OSC may have little interest in revisiting the issue.
 
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