One of the big questions in the Gibsonís Bakery v. Oberlin College case is why it didnít 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 attorneyís 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 itís not over until itís 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 Ohioís 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.