BG Secures Key Federal Appellate Victory in Pay-to-Pay Litigation

Bailey & Glasser, LLP’s Pay-to-Pay team—comprised of partner James Kauffman, Consumer Litigation Practice Group Leader Patricia Kipnis, and attorneys Denali Hedrick and Allison Bruff—secured a significant appellate victory for mortgage holders. Last week, the U.S. Court of Appeals for the Eleventh Circuit upheld a ruling against mortgage servicer Ocwen Loan Servicing/PHH Mortgage Corporation, finding that the company violated the Fair Debt Collection Practices Act (FDCPA) by charging consumers optional fees of $7.50 to $12 for making expedited mortgage payments online or by phone.

This case resulted from a strategic, long-term approach by the litigation team to address split authority in district courts in the Eleventh Circuit and nationwide regarding whether the FDCPA prohibits loan servicers from collecting “pay-to-pay” or “convenience” fees for certain payment methods. The U.S. District Court for the Southern District of Florida ruled that the FDCPA does prohibit such fees and awarded judgment to plaintiffs Sheryl Glover and Cathy Booze.

When Ocwen/PHH appealed to the Eleventh Circuit, the Bailey Glasser team, alongside co-counsel from Tycko & Zavareei, leveraged prior success on this issue in the Fourth Circuit and received support from the Consumer Financial Protection Bureau as amicus curiae. During oral arguments in November, Ocwen faced tough questioning from the appellate panel. In its ruling issued on February 4, 2025, the court held: “Ocwen violated the FDCPA because it is a ‘debt collector’ who charged an ‘amount’ that was not ‘expressly authorized by the agreement creating the debt or permitted by law.’”

This decision strengthens Bailey Glasser’s ongoing efforts to hold financial institutions accountable for unlawful payment processing fees and further bolsters the team’s momentum in Pay-to-Pay litigation, providing key supplemental authority in multiple ongoing cases.

To read the full Eleventh Circuit opinion visit here.

#BaileyGlasser #PaytoPay #ConvenienceFees #ConsumerLitigation #ConsumerProtection #Appellate

Client Alert: “The Rollercoaster Ride Continues: CTA Reporting Obligations Still on Hold”

The Corporate Transparency Act (“CTA”) continues to take reporting companies on a roller coaster ride. Now, there are not just one, but two Eastern District of Texas federal cases challenging the requirement for certain companies to disclose their beneficial ownership information to the Financial Crimes Enforcement Network (“FinCEN”).

While you should hold on tight with your seatbelt fastened, the bottom line is that, for the time being, the reporting requirements are still on hold.

What’s Happening?
Two separate cases in the Eastern District of Texas have led to nationwide injunctions blocking enforcement of CTA’s beneficial ownership reporting requirements. The Supreme Court of the United States briefly reinstated the reporting requirement in Texas Top Cop Shop v. Garland, but a second case, Smith v. U.S. Department of the Treasury, has put reporting on hold again. Now, the government has appealed the Smith injunction with FinCEN indicating it will briefly extend reporting deadlines and potentially modify its requirements altogether for lower-risk entities, should the government succeed.

What It Means for Businesses:
✅ No Immediate Filing Required – Companies are NOT currently required to file beneficial ownership information within FinCEN.
✅ No Penalties for Missed Deadlines – Entities that missed earlier deadlines will not face penalties while the injunctions are in place.
✅ Assess Your Status and Compile Information – Determine if your entity qualifies as a “reporting company,” and if so, continue to gather BOI and stay on top of ownership changes.
✅ Stay Informed – The legal status of the CTA is evolving quickly with the potential for revised requirements or quickly reinstated deadlines.
✅ Voluntary Reporting – You can still submit reports to FinCEN, but it’s not required.

Our CTA team will keep you updated on the latest developments. To read the full Client Alert, visit here.

For more information on our CTA team, visit their bios here:
Lorren Patterson
Paul-Kalvin Collins
Japera Parker

Bailey Glasser’s 2024 Year in Review

2024 marked a milestone for Bailey & Glasser, LLP as we celebrated 25 years since our founding on March 1, 1999. As founding partner Brian Glasser said back then, “I can’t tell you how great it is to come to work just plain excited.” For over 25 years, that passion has driven our dedication to practicing law while making a meaningful impact on our clients and communities—work that remains at the core of BG today.

This “2024 Year In Review” highlights our accomplishments from the past year, including work for our valued clients, introductions to new partners and lawyers, celebrations like our 25th anniversary celebration at our Washington, D.C. office, nationwide recognitions, and a flashback to 1999 from the BG Archives. Notable victories highlighted include a $40 million jury verdict in a Texas corporate fraud case, compassionate advocacy for abuse survivors and consumers injured by defective products, precedent-setting ERISA rulings on behalf of retirees in courts nationwide, a special section highlighting our litigation and corporate work in the energy industry, and over $1 billion in closed deals for the West Virginia Investment Management Board, and so much more.

Thank you for taking a few moments to explore this report—we hope you enjoy it. Follow this link to view the full report.

#BaileyGlasser #2024inReview #25thAnniversary #TrialLawyers #CorporateLawyers #ERISA #MassTorts #EnergyIndustry #Litigators #ClassActions #MassTorts #ProductLiability #Community

BG Files New Lawsuits Against the State of Illinois

MEDIA REQUESTS: To schedule an interview with counsel or for other media inquiries, please contact D. Todd Mathews at 618.520.3342 or tmathews@baileyglasser.com.

Bailey Glasser announces the filing of new complaints on behalf of 133 survivors of sexual abuse against the State of Illinois, bringing the total number of survivors represented in these lawsuits to 800.

Our lawsuits allege that the Illinois Department of Corrections and Department of Juvenile Justice failed to protect these men and women, then minors, from sexual abuse perpetrated by adult employees at State-operated Illinois Youth Centers and Cook County Juvenile Temporary Detention Center. As alleged in the new complaints filed on Monday, February 10, between 1996 and 2021, hundreds of youths were victimized in Illinois Youth Centers by male and female staff, with most victims being under the age of 16 at the time of abuse. While we continue filing cases on behalf of sex abuse survivors, the State of Illinois is moving to dismiss previously filed complaints.

Bailey & Glasser, LLP is on the forefront of lawsuits seeking justice on behalf of childhood sexual abuse survivors, including cases filed on behalf of hundreds of survivors against the State of Illinois since May 2024, as well as representing hundreds of survivors in the State of Maryland related to abuse in its juvenile hall detention facilities.

On Tuesday, February 11, at 11:30 a.m. Bailey Glasser partner D. Todd Mathews will hold a press conference along with co-counsel from Levy & Konigsberg LLP and numerous survivors, to speak out about the decades of physical, psychological, and emotional abuse suffered in Illinois juvenile detention centers. It is taking place at Ten North Dearborn Street, Seventh Floor, Chicago, IL 60602.

To watch the press conference, view this LiveStream link at 11:30 ET: https://www.youtube.com/live/UPjcucWxif4

In addition to D. Todd Mathews, the Bailey Glasser team in this case includes founding partner Brian A. Glasser; partner and Mass Tort Practice Group Leader David Selby; and lawyer Samira Bode. Co-counsel includes Levy & Konigsberg LLP, DiCello Levitt LLP, and Anapol Weiss.

MEDIA REQUESTS: To schedule an interview with counsel or for other media inquiries, please contact D. Todd Mathews at 618.520.3342 or tmathews@baileyglasser.com.

Bailey Glasser Announces Three New Partner Elevations for 2025

Bailey Glasser is proud to announce the elevation of three outstanding litigators to partner in 2025: Tony L. Clackler, Sallie Gilbert, and Christopher D. Smith.

• Tony L. Clackler (Electronically Stored Information Practice): A leader in consumer rights, class actions, and complex litigation, Tony is also our Chief Information Security Officer and a certified privacy professional. Learn more about Tony Clackler here.

• Sallie Gilbert (Commercial & Environmental Litigation Practice): With a strategic approach to high-stakes litigation, Sallie is a rising star in construction, energy, and environmental law. Sallie also helps to run our firm’s Associate Development program. Learn more about Sallie Gilbert here.

• Christopher D. Smith (Civil Defense Practice): One of Bailey Glasser’s not-so-secret litigation weapons with first-class writing and courtroom skills, Chris excels at trial and appellate advocacy across multiple industries. Chris has also played an integral role in BG’s Summer Associate program. Learn more about Christopher Smith here.

From trials to appellate courts nationwide, complex product liability litigation to energy law, these attorneys embody the strength and skill that define Bailey Glasser.

In a joint statement issued by Practice Area Leaders Nicholas Johnson and Jonathan Marshall, as well as Practice Group Leaders Cary Joshi, Becky Pomeroy, and Kate Charonko:
“We’re proud to elevate three lawyers with exceptional skills and tenacity to partner at Bailey Glasser. Over the last 25 years, our clients expect – and get – the best and the brightest when it comes to litigators on their cases. Our lawyers aren’t scared to go to trial and these three lawyers are proof positive of this. We applaud their accomplishments and welcome them warmly in their new roles.”

Join us in celebrating Tony, Sallie, and Chris on this well-earned achievement. To read our full 2025 partner elevation announcement, visit here.
#BaileyGlasser #Litigation #NewPartners #ESI #CivilDefense #CommercialLitigation #Welldone

Bailey Glasser Secures $17 Million Settlement in False Claims Act Case Against C.R. Bard

After nearly seven years of relentless work, Bailey Glasser partners John Roddy, Elizabeth Ryan, and Brian McAllister, along with co-counsel Robert A. Griffith and federal prosecutors, secured a $17 million settlement to resolve False Claims Act allegations filed in 2017 by whistleblower Dirk Etheridge against C.R. Bard, Inc. and several of its affiliates. In United States, ex rel. Dirk Etheridge, et al. v. Liberator Medical Holdings, Inc., et al., No 1:17-cv-05187-LMM (N.D. Ga.), Mr. Etheridge alleged that the Bard entities offered free samples, discounts, and savings on in-office supplies to illegally induce urology practices across the country to prescribe Bard urological products.

This successful outcome is the product of thousands of hours of work by Mr. Etheridge’s legal team, which undertook extensive document review and legal analysis at the Government’s behest. On this score, Bailey Glasser’s ESI Practice Group, led by partner Katherine E. Charonko and including partner Tony Clackler coordinated the digital discovery and analysis efforts that were critical to ultimately reaching settlement.

To learn more about the BG team in this matter, please visit here.

#FalseClaimsAct #Whistleblower #BaileyGlasser

BG Files Petition for Lynette Woodward in Globetrotters NIL Dispute

Bailey Glasser partners Michael Murphy and Elliott McGraw and co-counsel Michael Clohisy represents Lynette Woodard, the first female player for the Harlem Globetrotters, in a pre-action petition against the iconic basketball team seeking a subpoena to obtain her 1986 Globetrotters contract and apparel contract. Prior to filing the petition, the Globetrotters had failed to voluntarily produce it to Ms. Woodard despite relying on it for using her name and persona on various clothing items.

The petition, filed in a New York trial court, stems from the Globetrotters using Woodward’s name, image, and likeness (NIL) without her consent, particularly in merchandise and promotional materials in the 2022 UNDRCRWN x Harlem Globetrotters collection. This petition, under New York law, would allow Woodard to obtain “pre-action discovery” before filing an official complaint and would allow her to review the relevant contracts to determine her legal rights and next steps.

Lynette Woodard, 65, is a legendary basketball player who captained the gold-medal-winning 1984 U.S. Olympic Team and holds multiple records at the University of Kansas. Her career spanned international play in Italy and Japan before joining the WNBA in 1997, where she played for the Cleveland Rockers and Detroit Shock.

As a leading sports law commentator noted, this case could have far-reaching implications as NIL rights become increasingly significant, especially for athletes protecting their personal brands, even for retired athletes whose legacies continue to generate commercial value. To learn more about this case, read the Sportico article discussing the petition here.

#NIL #Globetrotters #sportslaw #contracts #baileyglasser

BG Wins Appeal in Dismissal of Negligence Lawsuit for Client APCo

A Bailey Glasser litigation team won an appeal before the Intermediate Court of Appeals of West Virginia on behalf of our client Appalachian Power Company (“APCo”). The team in this case included partner and lead counsel Brian Swiger, partner and Civil Defense Practice Group Leader Rebecca Pomeroy, and lawyers Christopher Smith and Savanna Jones.

In this case, our client was accused of playing a role related to a motorcycle accident that occurred on Route 75 in West Virginia. After discovery concluded, our client won summary judgment because we proved, and the lower trial court correctly held, that APCo could not be liable for failing to maintain a driveway that it did not build, use, or own.

Indeed, all parties had admitted on appeal, that they had no evidence that APCo owned, maintained, used, or otherwise conducted any activities on the access road.

The Intermediate Court of Appeals of West Virginia agreed and found that the petitioners’ negligence claims failed as a matter of law.

Learn more about this matter and the BG Team, visit here.

#Energylaw #litigation #WestVirginia #Appeals #CivilDefense #BaileyGlasser

BG’s ERISA Team Files for Court Approval of $14 Million Settlement with RVNB Holdings

On January 9, 2025, Bailey Glasser’s ERISA team filed an unopposed motion for preliminary approval of settlement and certification of settlement class on behalf of participants in the RVNB Holdings, Inc. Employee Stock Ownership Plan (ESOP), in a case proceeding in the U.S. District Court for the Northern District of Texas.

The parties have agreed to resolve all matters in controversy, including the action and a separate but related Department of Labor (DOL) enforcement case, with a total settlement of $14 million. This amount includes a statutory penalty to the DOL, with $12.75 million allocated to the class of ESOP participants.

The settlement, if approved by the court, will end more than five years of litigation concerning the sale of RVNB by the ESOP in 2017, which the plaintiffs alleged was for less than fair market value and caused by defendant fiduciaries in violation of the federal ERISA retirement benefits statute. The case is Coleman, et al. v. Brozen, et al., Case No. 3:20-CV-01358, and is proceeding before U.S. District Judge Ada Brown.

Members of the BG team include ERISA Practice Group leader Gregory Porter, Ryan T. Jenny, Patrick Muench, and co-counsel from Ajamie LLP.

To learn more about our nationally recognized ERISA, Employee Benefits & Trust practice, visit here: https://ow.ly/nv4Y50UIEsC

#ERISA #ESOP #ERISALitigation #BaileyGlasser

Times West Virginian Article Covers BG’s Asbestos Lawsuit against Fairmont State University

A lawsuit brought by Bailey Glasser Asbestos & Lung Disease partners Michael Robb and Travis Prince on behalf of Donna Spurling, a former Fairmont State University (FSU) nursing student who developed terminal lung cancer from asbestos exposure, continues to draw significant media coverage.

The latest coverage comes from the Times West Virginian, highlighting the legal fight for transparency and accountability from both FSU and the West Virginia Board of Risk Insurance Management (BRIM).

The article details how FSU and BRIM are using sovereign immunity defenses to avoid liability and block discovery into their insurance policies that could cover the Plaintiff’s claims and would pierce the sovereign immunity defense. The lawsuit alleges Ms. Spurling contracted terminal lung cancer after being exposed to asbestos while a nursing student at Fairmont State University in the late 90s. Spurling argues that Fairmont State’s failure to cover her for asbestos exposure violates her constitutional rights and that the defendants have engaged in bad-faith settlement negotiations, denying discovery that would reveal the extent of insurance coverage provided by the state.

In the article, Travis Prince strongly criticizes the Defendants’ tactics, stating: “BRIM, in concert with FSU’s Board of Governors, has engaged in a game of charades to prevent Ms. Spurling from understanding the true extent of insurance coverage provided by the state.” Prince also calls for greater transparency, arguing that discovery is essential to uncover whether additional insurance exists to cover Spurling’s claims.

Read the full article here.

To learn more about Michael Robb, visit here.

To learn more about Travis Prince, visit here.

#BaileyGlasser #AsbestosLitigation #Asbestos

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