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Oberlin College offered only a small fraction of ultimate verdict to settle Gibson's Bakery lawsuit


Added 09-14-19 09:38:02pm EST - “"Defendants submitted their last offer on June 13, 2019 at 10:47 AM, while Plaintiffs' counsel, Attorney Lee Plakas, was actually presenting his closing argument on punitive damages. Defendants conditioned that offer on it being accepted…” - Legalinsurrection.com

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Posted By TheNewsCommenter: From Legalinsurrection.com: “Oberlin College offered only a small fraction of ultimate verdict to settle Gibson's Bakery lawsuit”. Below is an excerpt from the article.

“Defendants submitted their last offer on June 13, 2019 at 10:47 AM, while Plaintiffs’ counsel, Attorney Lee Plakas, was actually presenting his closing argument on punitive damages. Defendants conditioned that offer on it being accepted before the jury began deliberations on punitive damages.”

One of the big questions in the Gibson’s Bakery v. Oberlin College case is why it didn’t settle. Based on recent court filings, we have a glimpse at the settlement process, and how it failed.

Currently the judgment for the plaintiffs amounts to almost $32 million in damages (including attorney’s fees) and defendants were required to post a $36 million bond to secure the judgment pending appeal. The trial court recently denied the defense request for a new trial. An appeal is expected, so it’s not over until it’s over.

That judgment resulted from two verdicts: $11 million compensatory damages rendered on June 7, 2019, and $33 million in punitive damages rendered on June 13, 2019, after a separate punitive damages trial. The combined $44 million was reduced by the Court under Ohio’s tort caps to just over $25 million. The Court also awarded over $6.5 million in legal fees and costs against defendants on top of the damages.

On appeal, defendants will seek to have the entire judgment vacated or reduced. The Gibsons have indicated they will seek to have the full $44 million verdicts restored, arguing the tort caps as applied in this case violate the Ohio constitution.

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