Title IX Team Lead, Arthur Bryant, Featured in ON3 NIL: “Why Title IX and NIL are ‘about to collide'”

Arthur Bryant, Bailey Glasser partner and Title IX team leader, spoke with On3 NIL on the upcoming reckoning between NIL and Title IX.

“NIL and Title IX are about to collide – and it’s just a question of when and where,” Bryant told On3. “Title IX says schools have to provide male student-athletes and female student-athletes with equal treatment and benefits, and almost no school in the country is doing that now without NIL. With NIL, it is far, far worse.”

Bryant, “widely viewed as the nation’s foremost Title IX expert,” has represented more women athletes and potential athletes in Title IX litigation against schools than any lawyer in the country and currently represents female student-athletes in a Title IX sex discrimination lawsuits against San Diego State University and Fresno State among others.

Whether you look at NIL separately from everything else involving schools’ athletic programs or you combine it, Bryant said, schools are treating men and women “dramatically differently – and that is a straight-out violation of Title IX.”

Read the full article here.
#TitleIX #TitleIXAthletics #NIL

Precedent-Setting Title IX Case Against SDSU Moves Forward

Bailey Glasser’s Title IX team obtained a hard-fought pretrial victory in the precedent-setting lawsuit against San Diego State University for discriminating against its female student-athletes. Late Friday afternoon, September 15, 2023, a U.S. District Court judge issued a decision on SDSU’s motion to dismiss, holding that all 17 women suing SDSU can seek damages for being deprived of equal athletic financial aid.

“This is a huge victory for the women athletes and everyone who cares about stopping sex discrimination at SDSU and nationwide,” said Arthur Bryant, Bailey Glasser partner and Title IX team leader. “The school has cheated its female student-athletes out of millions of dollars of equal athletic financial aid in the past few years alone—and it still hasn’t changed its ways.”

The court’s ruling on Friday also rejected SDSU’s argument that, because the case had already taken so long that the women are no longer student-athletes, they could not seek a court order stopping the school from discriminating in the future.

“This critical ruling confirms what we’ve said all along—these brave women deserve their day in court to hold SDSU accountable for its past discriminatory behavior and to prevent it from engaging in discriminatory behavior in the future,” said Bailey Glasser partner Joshua Hammack.

The women are also represented by Bailey Glasser partners Lori Bullock and Cary Joshi, along with co-counsel Amber Eck and Jenna Rangel of Haeggquist & Eck, LLP, and David S. Casey, Jr. and Gayle Blatt of Casey Gerry.

Read the full press release and court order here.

#TitleIX #TitleIXAthletics #SDSU #BaileyGlasser

Bailey Glasser Adds Two New Lawyers to Charleston, West Virginia Office

Bailey & Glasser, LLP has added two new lawyers to our national practice. Daniel O’Hare will practice in the firm’s Bankruptcy practice group, and Lincoln Wolfe will become a member of our Consumer Protection practice group. Both attorneys are joining us after completing prestigious federal court clerkships and will be in our Charleston, West Virginia office.

Dan O’Hare’s practice focuses on assisting clients through bankruptcy and business reorganization, including business restructurings, reorganizations, preferences, and fraudulent transfer actions. Before joining Bailey Glasser, Dan was a term law clerk in the U.S. Bankruptcy Court for the Northern District of Ohio. Dan is a graduate of West Virginia University College of Law, where he was a member of the Order of the Coif, and an associate editor of the Law Review. Before his legal career, Dan was a college professor teaching religious studies at various colleges and universities. He holds a Ph.D. in Christianity and Judaism in Antiquity from the University of Notre Dame.

Lincoln Wolfe will litigate on behalf of individuals and class members in cases involving debt collection, consumer finance, TCPA violations, and a host of other consumer and employment matters. Prior to joining Bailey Glasser, Lincoln was a judicial law clerk in the U.S. Court of Appeals for the Fourth Circuit. He is a graduate of the University of Richmond School of Law, where he served as Editor-in-Chief of the University of Richmond Law Review and was a member of the Lewis F. Powell Inn of Court. Lincoln graduated summa cum laude from West Virginia University with a bachelor’s degree in political science and has also worked in public policy development in state and federal government positions.

Read the full announcement and learn more about our new colleagues here.
#BaileyGlasser #BankruptcyLaw #ConsumerProtection #litigation #welcome

Brian Glasser Named to 2024 Lawdragon Top 500 Litigators in America

Lawdragon has recognized founding partner Brian Glasser in its “2024 500 Leading Litigators in America” guide, a list described as: “the advisors you want to send into battle.”

In the last year alone, Brian has won battles against MyPillow CEO Mike Lindell to the tune of $5 million related to an election fraud-related contest; Johnson & Johnson for trying to bury 38,000 asbestos-related cancer claims in bankruptcy court; Monsanto related to Roundup (with a settlement after four days of trial); and 3M related to claims by veterans harmed by defective military earplugs. Brian, together with trial teams from Bailey & Glasser, LLP, and firms across the country in some of these matters, has made a significant difference in many people’s lives, and we appreciate his inclusion on this esteemed list.

Brian represents a diverse array of plaintiffs and defendants throughout the United States, and he also handles complex commercial deals across many industries. He has been called upon to represent governors, members of Congress, and high-ranked agency officials in ticklish personal, political, or criminal inquiries, including state and federal impeachment proceedings. For more about Brian, please visit here.

Congratulations to all the lawyers on this list. For more about this accolade and to see the full list, please visit here.

42 Bailey Glasser Lawyers Named To The Best Lawyers in America & Best Lawyers: Ones To Watch 2024 Guides

Today we announce that 42 Bailey Glasser lawyers have been recognized across various categories (including one as a “Lawyer of the Year”) in the 30th edition of The Best Lawyers in America® and the fourth edition of Best Lawyers: Ones to Watch in America®.

“Lawyer of the Year” honors are awarded annually to only one lawyer per practice area in each region with extremely high overall feedback from their peers, making it an exceptional distinction.

For more, follow this link.

Bailey Glasser Announces New Leadership For Consumer Litigation and Corporate Practice Groups

Bailey & Glasser, LLP is pleased to announce the appointment of two longstanding firm partners to lead its national Corporate and Consumer Litigation practice groups. Jonathan S. Deem is the new Practice Group Leader of Bailey Glasser’s Corporate Group, and Patricia Mulvoy Kipnis our new Consumer Litigation Practice Group Leader.

Jonathan Deem is a partner in the firm’s Washington, D.C. office, where he leads the nationwide corporate team that handles mergers and acquisitions, financial services, corporate finance, tax, and entrepreneurial transactions, including venture capital. Among numerous recognitions, Chambers USA has recognized Jonathan since 2019, with one client stating that “Jonathan is the best I have ever worked with.” The Corporate Practice Group and lawyers on the team are also recognized by Chambers USA and the U.S. News and World Report’s “Best Lawyers” and “Best Law Firm in America.”

Patricia Kipnis is a partner in the firm’s New Jersey and Philadelphia offices where she leads the Consumer Litigation Practice Group. Ms. Kipnis is one of the firm’s leaders in challenging “Pay-to-Pay” and other “junk fees” imposed on consumers by mortgage servicers and other debt collectors through class action litigation in courts nationwide. The consumer litigation team has won several impactful cases, including lawsuits against major corporations such as Uber, Quicken, DISH Network, and mortgage servicers. Ms. Kipnis is also a Lecturer in Law at the University of Pennsylvania Carey Law School, and formerly taught at the Rutgers School of Law – Camden.

The new practice group leader appointments highlight Bailey Glasser’s emphasis on experienced leadership and collaborative teams. Read the full announcement and learn more about Jonathan Deem and Patricia Kipnis here.
#ConsumerLaw #CorporateLaw #FirmLeadership

BG Institutional Abuse & Neglect Team Secures Share of Record $11.75M Settlement for Special Needs Student Abused at Holz Elementary

“We will continue to speak on behalf of the voiceless. People say, ‘this has to stop happening’, but it won’t unless we persevere in holding offenders and facilities accountable for every penny of damage.” So commented Sharon Iskra in announcing that today she and partner Sam Hrko, on behalf of a disabled student and that student’s family, obtained a share of a record $11.75 million settlement, the largest ever entered against a public school board in West Virginia history. The amounts of the individual settlements are confidential, with Ms. Iskra and Mr. Hrko obtaining a share of the award for their single client based on the Kanawha County Board of Education’s negligent retention and supervision of teacher Nancy Boggs and classroom aides Lisa Perdue and Lori Gibson.

Boggs’ abuse included acts such as banging children’s heads on desks, slapping and yanking them, and degrading them by forcing them to sit on the floor with their noses in a hole in the wall and to eat out of the classroom sink. She also verbally terrorized students by yelling that they were “bad to the bone”, “stupid”, and that “mommy doesn’t care,” among other taunts.

Ms. Iskra and her Institutional Abuse & Neglect Practice Team are dedicated to protecting people abused by institutions such as schools, foster homes, churches, and training academies. They have won record jury verdicts and settlements, including the one today.

Click here to read more.

#justice #stopchildabuse #baileyglasser

Fourth Circuit Court of Appeals Upholds Ramaco Jury Verdict

The United States Court of Appeals for the Fourth Circuit has upheld a jury verdict and reinstated contract damages awarded by the jury after a three-week trial in July 2021.

Two years ago, Bailey & Glasser, LLP, on behalf of Ramaco Resources, Inc., won $7.6 million in contract damages in a lawsuit against insurance companies indirectly owned by Chubb INA Holdings, Inc. The lawsuit stemmed from Chubb’s denial of insurance coverage after the collapse of a coal storage silo, which occurred at Ramaco’s Elk Creek coal complex in West Virginia on November 5, 2018.

The case was litigated in the United States District Court for the Southern District of West Virginia. The verdict included $7.6 million in compensatory damages and an additional $25 million for aggravation and inconvenience. After the jury trial was concluded, however, the district court reduced the contract damages and award of prejudgment interest believing the evidence could not support a conclusion that the critical “Period of Restoration” – during which Ramaco’s expenses and lost income were covered – could extend beyond November 30, 2018. Indeed, the district court reduced the verdict to $1.8 million in contract damages and further held that, because of the reduction, Ramaco had not “substantially prevailed” on its insurance lawsuit. As a result, the district court held that Ramaco was not entitled to any damages for aggravation and inconvenience. T

For more please visit here.

18 Public Interest Groups File Brief in Federal Appeal Supporting Title IX Challenge to Fresno State

Equal Rights Advocates and 17 other public interest groups have filed an amici brief with the 9th Circuit Court of Appeals supporting the Fresno State Title IX appeal by female student-athletes fighting for gender equality for all women athletes at the school.

The brief submitted by ERA argues that the lower court’s decision – ruling that student-athletes from one team cannot file class action lawsuits on behalf of women athletes on other teams – goes against the very spirit of Title IX as Congress defined it 50 years ago, as well as decades of established Title IX legal precedent.

“We and our clients are extremely grateful that ERA and these 17 groups dedicated to gender equity are supporting this critical appeal,” said lead counsel Arthur Bryant of Bailey & Glasser, LLP, who is representing the women along with Joshua Hammack, Cary Joshi, and Lori Bullock of Bailey Glasser and Cynthia Chapman, Mike Caddell, and Amy Tabor of Caddell & Chapman.

The amici curiae joining in the brief are:

Equal Rights Advocates
American Association of University Women
American Civil Liberties Union of Northern California
American Civil Liberties Union of Rhode Island
California Women’s Law Center
End Rape On Campus
Family Violence Appellate Project
Family Violence Law Center
Legal Aid at Work
Legal Momentum, The Women’s Legal Defense and Education Fund
National Organization for Women
Public Counsel
Southwest Women’s Law Center
The Drake Group, Inc.
Women’s Law Project
Women’s Sports Foundation

Follow the link to read more about the brief submitted by the amici and to read Plaintiffs’ opening brief.

Citynet LLC and Frontier Resolve Federal Court Dispute for $17.750 Million

On behalf of our client Citynet LLC, Bailey Glasser eached a settlement with Frontier and other individual defendants, bringing the broadband whistleblower case to a final conclusion as to Citynet’s claims brought on behalf of the United States. As part of the $17,750,000 settlement with Frontier, the parties released the following statement:

“Citynet and Frontier Communications jointly announce that they have resolved their dispute regarding the State of West Virginia’s Obama-era BTOP grant funds, the subject of Civil Action No. 2: 14-cv-15947, which has been pending in the US District Court for the Southern District of West Virginia since 2014 and involves only matters occurring prior to that date. This settlement is comprehensive and marks an end to all the litigation and disputes involving these parties and other defendants, including claims for attorneys’ fees and costs.

Read more.

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