Colleges will be fine so long as they don’t support the protests. The fact that the students protested is not what made the college liable. It was its support.
I don’t know why a college administrator had a job to follow students to “ensure safety.” A college’s job is to educate students. If a group of them want to go heckle a Trump rally or show support for Trump, then that is an outside matter which, IMHO, concerns the college not one whit.
The students are adults. They can be as safe or unsafe as any other group of adults who are doing what they are doing.
ETA: You said college groups which I don’t think is correct. If the Oberlin College Young Republicans started throwing punches at a Bernie rally, I cannot think of a theory where the college would be responsible for that, again unless they gave them boxing gloves.
Thats hard to say. Many have said that colleges act as de facto parents. On many colleges different groups might be college sponsored so they are kind of an extension of the college. Like in your example if the college republicans are a recognized group that receives student funding (from fees) and meets on college property and advertises thru college media - the college then might be liable. Sort of like how many colleges have limited authority over college fraternities.
Now if say just some students who just happened to go to the college protested, then your right it seems its out of the colleges hands. It doesnt mean though that individuals could not be held liable for there actions.
Different from the system I work in, then. Here, once the trial court decision
is rendered, all questions about the appeal are done in the appeal court, not the trial court.
Another update. The family is accusing Oberlin college of using delaying tactics with the idea that the 92 year old owner is dying of cancer and wont be around to collect on a judgement. It might also be possibly about Oberlin hoping they can cut a better deal with the heirs.
I don’t think it refers to an appeal. I don’t know about Ohio specifically, but I presume it follows the general rule that the filing of a notice of appeal will generally divest the trial court of jurisdiction.
I think it refers to things like a motion for a new trial; or a motion for judgment notwithstanding the verdict. (See Ohio R. Civ. P. 50(b) (“a party may serve a motion to have the verdict and any judgment entered thereon set aside and to have judgment entered in accordance with the party’s motion.”); a motion to set aside the damage award. I don’t know if Ohio allows remittitur, but that would be a post-trial motion.
There’s a whole pile of stuff that can done between verdict and appeal. They don’t have those where you are?
I could be wrong but according to the Legal Insurrection site above I think they said they were hoping for the type of appeal where the earlier decision is thrown out because they can prove the judge did something wrong. A lawyer weighs in and sites Ohio law.
Also the bond that was set. Does that have something like a 5% annual interest?
There will, almost certainly, be some sort of appeal to an appellate court. I was just trying to address what kind of “post-trial” motions were being referenced in the trial court order.
I could be wrong, but I don’t think appellate bonds have interest. They exist to ensure to make sure that the losing party below doesn’t lose its ability to pay during the appeal. The judgment itself should have interest. The federal rate is (effectively) set by the federal reserve and changes over time. I have no idea how Ohio works.
Ok, maybe it’s a small pile. Routine post trial motions would be motions for a new trial; judgment n.o.v.; remittitur or other damages-related motions; amend or alter the judgment; for additional or altered findings (after a bench trial). I’d put attorneys’ fees motions in that category. I don’t know if there are many state-specific motions. Most of the motions are pretty pro forma, but they’re done to preserve issues for appeal.
Routine post trial motions would be motions for a new trial;
that would be appellate relief in our system;
judgment n.o.v.; remittitur or other damages-related motions;
as mentioned earlier, civil juries are so rare in our system that I don’t know if we have these remedies.
amend or alter the judgment;
very limited power to correct slips or clear errors, but once formal judgment is entered, trial court is functus, and it’s an issue for the Court of Appeal
for additional or altered findings (after a bench trial).
don’t think I’ve ever heard of this, barring clear errors or slips (e.g. a miscalculation in a multiplication, addition, etc )
I’d put attorneys’ fees motions in that category.
costs for us are governed by a tariff of costs in the Rules, but if counsel can’t agree on costs, then can apply to the trial judge. Happens in particularly complex trials, in my experience.
Also, obviously, a stay pending appeal.
stays are normally automatic on filing notice of appeal, but if there’s any issue, you apply to a judge of the Court of Appeal in chambers, not to the trial judge.
The heirs and beneficiaries inherit the lawsuit, I believe. They have to file a notice of death, but I would hope the baker’s attorneys would know to do that. So AFACT Oberlin is still on the hook.
That’s the general rule for contracts and torts, but some jurisdictions have a different rule for libel, which is part of the law suit here.
Your reputation is a personal to you, and damage to reputation is therefore also personal. If the plaintiff in a libel suit dies before judgment, the libel claim may also disappear, depending on the law of the province or state.
Different again if the plaintiff in a libel suit dies after trial judgment in their favour. A judgment cristallises the claim into a monetary debt, which would survive death.
So if those sorts of rules apply in Ohio (I have no idea if they do), there might be an issue on appeal. Suppose the grandfather dies while it’s under appeal, and the appeal court then allows the appeal, sets aside the original verdict, and sends it back for a new trial. Since a new trial starts from square 1, the grandfather’s estate wouldn’t be able to maintain the libel action, but could maintain contractual claims, since those are monetary claims, not personal.
All very hypothetical of course, and depends on the law of Ohio, about which I know nothing, do not meant as legal advice.
IANAL, and I am glad I am not, because if I was, I might understand this and that would be upsetting to me.
The linked articles mostly mention that Oberlin defamed the bakery, that the bakery is a fifth-generation family-owned business, and refer to “owners” of the bakery. That would seem to imply that even if the grandfather dies, the suit would survive because the business is not solely his, and the defamation was not solely of him.
I can’t figure out which Gibson is which because I’ve seen both Allyn and David Gibson referred to as the 90-plus year old owner (and I’m not going to spend much more time looking). But in any event, the plaintiffs were the bakery itself, David Gibson, and Allyn Gibson. According to this site, the jury awarded $3 million to Allyn; $5.8 million to David, and $2.2 million to the bakery.
If (and I don’t know this is the case) a defamation action disappears upon the death of the plaintiff and it is David that is sick, then that’s a pretty good chuck of the award. Assuming punitive damages are allocated proportionally, it might make a difference.
Edit: Ok, I looked. Under Ohio statute (RC 2311.21), it looks like actions for “libel, slander, malicious prosecution, for a nuisance, or against a judge of a county court for misconduct in office” will “abate by the death of either party.”
I believe you are incorrect in this instance. Most of the articles I’ve read concerning the bond mention the 36 million as covering the judgement plus three years of interest for the expected appeal period.
Ok, so they very could wait until Davids death and at least be out $5.8 million of the suit.
Also if it does get thrown out and goes back for a new trial the jury wont be influenced by a 90 year old man sitting in the courtroom with a can and neck brace.
Totally legal but doesnt put them in a good light either.
I haven’t been following it closely enough. Was the award for the bakery a defamation claim? Does a corporation under Ohio law have a reputation that is protected by defamation law?
