3 ms·

As someone from the UK I'm a bit confused why he can't seem to get the college to pay him? If a court has ruled that the college has to pay how can they avoid t

As someone from the UK I'm a bit confused why he can't seem to get the college to pay him? If a court has ruled that the college has to pay how can they avoid this? In the UK if a company failed to pay a debt then ultimately you can apply to the court for a winding up petition which if they didn't resolve the situation the company would be liquidated by the court.

kylebenzle 4y ago
neaden 4y ago
It looks like the Ohio supreme court just declined to hear the case yesterday, and before that they were appealing the ruling. IANAL but I would assume that it's only now that Gibson's will be able to really go after them for the money.
drewbeck 4y ago
Ya it's only been two days since the state supreme court ruling. Oberlin could keep appealing to the feds, which they may do. Imo the "when will we see our money" is a bit silly; an emotional appeals when this process always entails a ton of legal appeals before the …final_final_forReal.PDF decision is handed down.
- ifsothen 4y ago
  Only appeal from a state supreme court decision is directly to the US Supreme Court, which is generally not very interested in those kinds of appeals.
  - drewbeck 4y ago
    Ah yes of course, spaced on the Ohio court not actually ruling in this case. thx
  - koolba 4y ago
    For more than 30 million dollars I wouldn’t be surprised if they give it shot on first amendment grounds. The gamble would be the additional legal fees v.s. the chance of success.
    - Analemma_ 4y ago
      Not a chance. The current Supreme Court is going to relish denying appeal in this case.
- coffeeblack 4y ago
  Ah, that makes more sense. So they are still open routes for appeals and the ruling isn’t final yet.
- tengwar2 4y ago
  From a UK perspective, it is not obvious that they can keep appealing. Here there needs to be a legal basis for an appeal. I am not sure about civil cases, but the criminal case grounds for appeal appear to be: * new evidence - but only under a set of conditions including that there was a reasonable explanation for the failure to adduce it; * appeal against sentence. Notably there doesn't seem to be an option for "we don't like the verdict". A judge must grant a certificate of appeal before the case can go ahead - someone can't decide unilaterally that they will appeal. Appeals are nowhere near as common here as in the USA
tptacek 4y ago
She will in fact get the college to pay her, because the college has no choice. The story is deeply misleading on this point.

kylebenzle 4y ago

neaden 4y ago

It looks like the Ohio supreme court just declined to hear the case yesterday, and before that they were appealing the ruling. IANAL but I would assume that it's only now that Gibson's will be able to really go after them for the money.

drewbeck 4y ago

Ya it's only been two days since the state supreme court ruling. Oberlin could keep appealing to the feds, which they may do. Imo the "when will we see our money" is a bit silly; an emotional appeals when this process always entails a ton of legal appeals before the …final_final_forReal.PDF decision is handed down.

ifsothen 4y ago
Only appeal from a state supreme court decision is directly to the US Supreme Court, which is generally not very interested in those kinds of appeals.
- drewbeck 4y ago
  Ah yes of course, spaced on the Ohio court not actually ruling in this case. thx
- koolba 4y ago
  For more than 30 million dollars I wouldn’t be surprised if they give it shot on first amendment grounds. The gamble would be the additional legal fees v.s. the chance of success.
  - Analemma_ 4y ago
    Not a chance. The current Supreme Court is going to relish denying appeal in this case.
coffeeblack 4y ago
Ah, that makes more sense. So they are still open routes for appeals and the ruling isn’t final yet.
tengwar2 4y ago
From a UK perspective, it is not obvious that they can keep appealing. Here there needs to be a legal basis for an appeal. I am not sure about civil cases, but the criminal case grounds for appeal appear to be: * new evidence - but only under a set of conditions including that there was a reasonable explanation for the failure to adduce it; * appeal against sentence. Notably there doesn't seem to be an option for "we don't like the verdict". A judge must grant a certificate of appeal before the case can go ahead - someone can't decide unilaterally that they will appeal. Appeals are nowhere near as common here as in the USA

tptacek 4y ago

She will in fact get the college to pay her, because the college has no choice. The story is deeply misleading on this point.