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by ELB
Thu Jul 25, 2019 12:12 pm
Forum: Off-Topic
Topic: Oberlin College Forced To Pay Local Bakery $11 Million In Racial Hoax Defamation Case
Replies: 35
Views: 14936

Re: Oberlin College Forced To Pay Local Bakery $11 Million In Racial Hoax Defamation Case

Apparently the endowments are not necessarily convertible to cash to pay the judgment. The Gibsons' attorneys used financial figures that Oberlin provided to the court:
The need for such bond is made clear by the College’s own statements about its dire fmancial straits. If the College is to be believed, there is serious concern about its ability to pay this sizeable judgment three years from now. At trial, and in its recent filing, the College represented that there was only $59.1 million of unrestricted endowment funds available to pay any dollar judgment and that $10 million of those funds had already been committed to pay down the College’s existing debt. [Trial Tr., June 12, 2019 at 95:13-21] There remains $190 million of existing debt on the College’s books. [Id.] The College has also testified that it has a significant operating deficit and that its deficit situation is not sustainable…. [Trial Tr., June 12, 2019 atpp. 86:1-6, 88:1-9]

The College also testified at trial that they have experienced a “significant” and “steady” decline of enrollment from 2014 to 2018. [Trial Tr., June 12, 2019 at 79:4-17] In describing their economic position, the College offered Exhibit N-33 at trial, which is its May 10, 2019 report entitled “One Oberlin: The Academic & Administrative Program Review Final Report.” [Trial Tr., June 12, 2019 at pp. 99-100] In that Report, the College describes its alleged financial hardships and warns about how many other private colleges have had to close due to financial difficulties …[Ex. N-33, pp. 4-5].

Thus, we know that Oberlin College could attempt to continue using its available funds to pay down its other debts between now and the filing of a notice of appeal, thereby leaving less available to pay the judgment in this case.
If Oberlin was lying about their financial status, then that came back to bite them in that they now have to pay for bond. Also, I would guess that the representations they made to the court about their financial status were done so under oath, so I would think Oberlin and their attorneys would be risking civil and criminal charges if they misrepresented the situation.
by ELB
Thu Jul 25, 2019 12:04 pm
Forum: Off-Topic
Topic: Oberlin College Forced To Pay Local Bakery $11 Million In Racial Hoax Defamation Case
Replies: 35
Views: 14936

Re: Oberlin College Forced To Pay Local Bakery $11 Million In Racial Hoax Defamation Case

The $25M capped award was later paired with a $6.5M lawyers' fee, for a total of $31.5M and change.

Oberlin immediately applied for a stay of the judgments while they appeal the decisions.

The law provides for interest accruing as long as the judgment is unpaid, while the appeals go on. Estimated interest is over $4k per day.

Oberlin presented itself as being in dire financial shape during the trial, so the Gibsons are afraid that once the appeals are done, there will be nothing left to collect if the appeals are in their favor.

Gibson's lawyers estimate that the appeals process will take about three years, so they asked the judge to require Oberlin to put up a bond for over $36M, which would cover the original award plus three years of interest.

The judge did so: https://legalinsurrection.com/2019/07/o ... -judgment/
by ELB
Thu Jun 13, 2019 3:30 pm
Forum: Off-Topic
Topic: Oberlin College Forced To Pay Local Bakery $11 Million In Racial Hoax Defamation Case
Replies: 35
Views: 14936

Re: Oberlin College Forced To Pay Local Bakery $11 Million In Racial Hoax Defamation Case

DocV wrote: Thu Jun 13, 2019 2:32 pm And, the jury decision is in. Punitive damages of 22 Million - whoops, make that 33 million. Wow!
Punitive damages are limited by law to *only* $22M.

Compensatory damages are $11M.

$33M is the total.

And off to the appeals court they go...
by ELB
Thu Jun 13, 2019 12:40 pm
Forum: Off-Topic
Topic: Oberlin College Forced To Pay Local Bakery $11 Million In Racial Hoax Defamation Case
Replies: 35
Views: 14936

Re: Oberlin College Forced To Pay Local Bakery $11 Million In Racial Hoax Defamation Case

chasfm11 wrote: Tue Jun 11, 2019 6:51 am
ELB wrote: Mon Jun 10, 2019 11:54 am
rotor wrote: Sun Jun 09, 2019 8:47 pm So the college may have to shell out some money but what about the individuals? Nothing will happen to the truly guilty people I would bet.
Maybe, maybe not. I'm seeing articles that say the college's insurer says the awards are not covered. If Oberlin has to pay out of pocket for the current award and the possible $22M punitive award they will possibly have to close. They have significant financial difficulties already.

ETA: https://www.thenewneo.com/2019/06/08/ob ... uit-award/
In the grander scheme of things, the closing of Oberlin College may be the best possible outcome. I see no other path to reining in the obviously out of control higher education establishment in this country. I'm not even sure that Oberlin closing will send that message loudly enough but it is at least a start. Educators and the organizations associated with them seem to operate with immunity from the consequences of any of their actions. Fixing that needs to start somewhere.
Well...being forced to close may be overstating it, as it turns out that Oberlin is, shall we say, pretty well heeled. The lawyers went over Oberlin's IRS Form 990 with the jury yesterday to give the jury an idea of just how big a whack it will take for an award to actually be punitive. It turns out Oberlin has more than $1B in funds and net assets. Plus they have a bundle of people making hefty salaries. Oberlin claims they are cash poor and any award will hurt students by cutting down on the amount Oberlin provides in scholarships, but what they're really saying is they don't want to cut any administrators' pay nor do they want to dip into any of their investments. My reply to that is not within TexasCHLforum rules.

Closing arguments were this morning, and the jury is deliberating this afternoon.
by ELB
Mon Jun 10, 2019 11:54 am
Forum: Off-Topic
Topic: Oberlin College Forced To Pay Local Bakery $11 Million In Racial Hoax Defamation Case
Replies: 35
Views: 14936

Re: Oberlin College Forced To Pay Local Bakery $11 Million In Racial Hoax Defamation Case

rotor wrote: Sun Jun 09, 2019 8:47 pm So the college may have to shell out some money but what about the individuals? Nothing will happen to the truly guilty people I would bet.
Maybe, maybe not. I'm seeing articles that say the college's insurer says the awards are not covered. If Oberlin has to pay out of pocket for the current award and the possible $22M punitive award they will possibly have to close. They have significant financial difficulties already.

ETA: https://www.thenewneo.com/2019/06/08/ob ... uit-award/

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