We have covered exhaustively the Gibson’s Bakery v. Oberlin College case, from the moment of the shoplifting and protests throught the trial verdicts and now on appeal.
The most recent activity was that after the Gibsons won in 9th District Court of Appeals, they sought to collect on a $36 million bond posted by Zurich American Insurance under contract with Oberlin College, to secure the judgment. The argument was that since there appeals court directed the trial court “execute” on the judgment, and there was no stay of the appeals court order by the Ohio Supreme Court, the Gibsons could collect on the bond.
This is a serious situation, because Oberlin College’s litigation stalling tactics combined with a continued college community boycott of Gibson’s Bakery (now approaching years), the bakery is on the verge of going out of business.
Bad news for the Gibsons. In a ruling that procedurally is not very surprising, the Ohio Supreme Court just granted the college’s motion for a stay.
It’s not procedurally surprising, because stays pending appeal are common, almost routine. The mystery was why the college didn’t seek it immediately, and waiting until the Gibsons attempted to collect on the bond. I would not read anything from this stay into how the Ohio Supreme Court will view the merits, or whether it even will hear the case.
What’s interesting is that three judges dissented from granting the stay: “Kennedy, Fischer, and DeWine, JJ., dissent.” That’s three of the seven justices. I don’t know what to read into that because I’m not sufficiently familiar with the court members. My gut tells me the court will hear the case because it has become so famous, but on the merits there’s really no reason for the court to take it.
Two of the senior members of the Gibson family — “Grandpa” Allyn and his son David — died after the trial but before the family has collected a penny. The bakery, which does shipping orders, will have to hang on some more.
The Ohio Supreme Court has yet to issue a ruling on whether it will agree to hear either Oberlin College’s appeal or the Gibson’s cross-appeal.
[Featured Image: Gibson Family and legal team after punitive damages verdict][Photo credit Bob Perkoski for Legal Insurrection Foundation]
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