Author: Bailey Glasser

Brian Glasser Quoted by Bloomberg Law on J&J’s Failed Bid to End Talc Suits

Founding partner Brian Glasser is quoted by Bloomberg Law in its article about a Texas bankruptcy court’s rejection of the third attempt by Johnson & Johnson to dispose of talc-related claims through the bankruptcy process.

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Founding partner Brian Glasser is quoted by Bloomberg Law in its “deep dive” article about this week’s Texas bankruptcy court rejection of the third attempt by Johnson & Johnson to dispose of talc-related claims through the bankruptcy process entitled: “ J&J’s Failed Bid to End Talc Suits Is Bankruptcy Voting Lesson.”

Brian A. Glasser co-led the trial team on behalf of the Coalition for Justice for Talc Claimants which opposed the plan, and in this article emphasized the need for court-supervised vote solicitation in mass tort cases to ensure transparency and legitimacy, stating “If you want to do a pre-packaged mass tort bankruptcy, you need to vote as clean as Caesar’s wife.”

Read the full Bloomberg Law article here: https://ow.ly/AUnS50Vuaii

The federal bankruptcy judge dismissed J&J’s case on Monday, ruling that cancer victims’ vote on a $9 billion talc litigation settlement was flawed, citing serious concerns about the voting process. The court found that many votes were cast by attorneys on behalf of clients without proper consent and that the rushed timeline prevented meaningful participation by thousands of claimants.

J&J was trying for the third time to use a subsidiary, Red River Talc LLC, to resolve tens of thousands of lawsuits brought by women who say the company’s talc-based products, including baby powder, contained asbestos that caused cancer.

The Coalition of Counsel for Justice for Talc Claimants trial team was co-led by Bailey & Glasser founding partner Brian A. Glasser, Mass Torts Practice Group Leader David L. Selby, ESI Practice Group Leader Katherine E. Charonko, and litigator Elizabeth L. Stryker. Additional members of the BG team includes Bankruptcy Practice Group Leader Jonathan Gold, partners D. Todd Mathews and Joshua Hammack, and Of Counsels Thomas B. Bennett and Michael Shenkman.

The trial team was also led by Adam C. Silverstein, Melanie L. Cyganowski, Sunni P. Beville, David A. Castleman and Jennifer S. Feeney of Otterbourg PC; Nicholas R. Lawson and Avi Moshenberg of Lawson & Moshenberg PLLC; Andy Birchfield and Leigh O’Dell of Beasley Allen; and Richard Golomb of Golomb Legal.

To read the court’s full opinion and to learn more about Bailey Glasser’s work on behalf of the plaintiffs, visit: https://www.baileyglasser.com/news-bg-wins-dismissal-of-Johnson-and-Johnson-third-bankruptcyhttps://ow.ly/1xY850Vuaik 

For more on Brian Glasser’s nationally recognized work, visit: https://www.baileyglasser.com/lawyers-brian-a-glasser

BG Wins Federal Appeal in Oil & Gas Contract Dispute

Bailey Glasser won affirmance of a $10 million class action before the United States Court of Appeals for the Sixth Circuit on behalf of a certified class of landowners in Grissom v. Antero Resources.

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Bailey Glasser won affirmance of a $10 million class action before the United States Court of Appeals for the Sixth Circuit on behalf of a certified class of landowners in Grissom v. Antero Resources. In this case, our client Elaine Grissom sued the Antero Resources Corporation for wrongful deductions of certain costs from royalty payments due under oil & gas contracts with her family as well as other landowners in Ohio. Antero counterclaimed for declaratory relief, claiming they had the authority to deduct costs involved in the gas processing procedures before any royalties were paid out under the contracts.

At the trial level before the United States District Court for the Southern District of Ohio, the district court certified a class of affected landowners, and all parties then moved for summary judgment on liability. The district court granted our clients’ motion for summary judgment and denied Antero’s cross-motion.  The parties then stipulated that damages for any alleged breach was worth $10 million, and the parties appealed to the federal appellate court.

Upon analysis of the record, the Sixth Circuit confirmed what we argued all along: that under the lease, gas must be transformed into a marketable product before any costs can be deducted. Thus, under the text of the lease and the “market realities of this operation” the court ruled that “Antero …may not deduct these costs from the royalties.”

Partner John Barrett, who argued the appeal, stated:  “The Sixth Circuit affirmed what we always knew: Antero was cheating mineral owners like Elaine Grissom out of their share of the proceeds. We’re pleased to finally win justice for Elaine and the class members and look forward to distributing the money Antero owes them.”

Bailey & Glasser was privileged to co-counsel the case with Ohio counsel—Warner Mendenhall and Logan Trombley of Mendenhall Law Group; Daniel Karon of Karon LLC; and Larry Shenise.

The Bailey Glasser team was led by partners Brian Swiger and John Barrett, and Of Counsel Vic Woods, with able assistance from BG land specialist Wayne Bowman, associates Jack Budig and Adam Wilson, and paralegal Christy Satterfield.

Bailey Glasser’s Oil & Gas team has decades of experience litigating on behalf of landowners involved in energy disputes.  To learn more about our work, please visit this link.

To read the decision, please click here.

BG Wins Dismissal of J&J’s Third Attempt To Dismiss Talc Claims in Bankruptcy

Texas Bankruptcy Court Sinks Johnson & Johnson’s Third Try to Discharge Cancer Cases in Bankruptcy

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Texas Bankruptcy Court Sinks Johnson & Johnson’s Third Try to Discharge Cancer Cases in Bankruptcy

A federal court dismissed the third attempt by Johnson & Johnson to create a mechanism to dispose of talc-related litigation claims outside the Constitutionally-guaranteed jury process. Johnson & Johnson has tried twice to use this “Texas Two-Step” legal maneuver and was unsuccessful, with both of those Chapter 11 cases dismissed as bad faith filings.

In this third unsuccessful attempt to discharge its liabilities in bankruptcy, Johnson & Johnson shopped for what it thought would be a more favorable forum for its third attempted bankruptcy – Texas. In February 2025, the U.S. Bankruptcy Court in Houston conducted a two-week trial to determine the validity of the claims, the process through which claimants were permitted to vote, and to hear the objections of the Coalition of Counsel for Justice for Talc Claimants, which included thousands of women injured by J&J’s talc products, some of whom died in the months before the matter was tried.

At the end of an exhaustive analysis of the record, and pursuant to a 57-page opinion, the federal court found that the totality of the record required dismissal. The record included prepetition voting and solicitation irregularities, an unreasonably short voting time for thousands of creditors, and that appointment of a trustee or conversion does not make sense in this case.

The Court also noted that “There is no real company or jobs to save here. This case is about whether voters will accept a deal.” The court’s decision stated: “While the Court’s decision is not an easy one, it is the right one.”

Co-lead trial counsel Brian Glasser stated: “Judge Lopez did the right thing and followed the law. His opinion will be sustained on appeal.”

Read more here.

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BG Named Benchmark Litigation’s WV “Firm of the Year”; Brian Glasser a “Trial Lawyer of the Year” Finalist

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Bailey & Glasser, LLP was named Benchmark Litigation’s West Virginia “Firm of the Year.”  Founding partner Brian A. Glasser was named a Trial Lawyer of the Year finalist alongside nominees from Cravath Swaine & Moore, Sidley Austin, Wilknson Stekloff, and Hueston Hennigan.

Winning Benchmark’s prestigious West Virginia “Firm of the Year” award and Mr. Glasser’s recognition as a finalist for the esteemed “Trial Lawyer of the Year” award highlight the excellence of our firm’s work and dedication to our clients. It is an honor to be recognized alongside top-tier firms and litigators, including fellow law firm nominees Bowles Rice, Jackson Kelly, Dinsmore & Shohl, and Nelson Mullins Riley & Scarborough.

Benchmark Litigation provides comprehensive coverage of the U.S. litigation   market, with rankings based on extensive interviews with litigators, dispute resolution specialists, and their clients. As noted by Benchmark Litigation in announcing the winners: “After months of peer review-based research and submission reviews, the Benchmark team set out to uncover the most impactful cases, the lawyers and law firms behind them, and the litigators who have paved the way. The awards ceremony honors both the nationally ranked litigators and law firms, as well as the locally ranked firms throughout the country.“

Bailey Glasser, its founding partners, and several of its attorneys nationwide—including those in West Virginia, Washington, D.C., and Idaho—were also recently recognized in Benchmark Litigation’s 2025 “Definitive Guide to America’s Leading Law Firms and Attorneys,” and “40 & Under” List. This includes Mr. Glasser being named one of Benchmark’s Top 100 Trial Lawyers in the nation.

Congratulations to all the outstanding lawyers and firms recognized this year. We are grateful to Benchmark Litigation for these honors and for its continued commitment to celebrating excellence in litigation.

Client Alert: Treasury Suspends CTA Enforcement for U.S. Citizens & Domestic Companies

The U.S. Treasury announced a temporary suspension of Corporate Transparency Act (CTA) enforcement for U.S. citizens, domestic reporting companies, and their beneficial owners, and indicated it intends to narrow the CTA’s scope so that the reporting requirements apply only to foreign reporting companies.

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On March 2, 2025, the U.S. Treasury announced a temporary suspension of Corporate Transparency Act (CTA) enforcement for U.S. citizens, domestic reporting companies, and their beneficial owners, and indicated it intends to narrow the CTA’s scope so that the reporting requirements apply only to foreign reporting companies.

Here’s what this means:
🔹Narrowing the Scope of Reporting: The Treasury aims to limit CTA reporting only to foreign reporting companies, potentially eliminating compliance for U.S. businesses.
🔹Enforcement Temporarily Paused: While the CTA’s reporting obligations remain in place, no penalties or fines for noncompliance will be issued at this time.
🔹Upcoming Rule Changes: FinCEN is expected to release an interim final rule by March 21, 2025, extending deadlines and clarifying BOI reporting obligations.

Next Steps for Businesses:
✅ Domestic Companies: If you’ve already filed BOI reports or were preparing to, consider pausing further action until FinCEN provides clarity.
✅ Foreign Companies: Continue preparing BOI reports, given reporting obligations are likely to remain, but consider waiting to file until further guidance is provided by FinCEN.
✅ Stay Alert: More guidance is coming soon— stay tuned for revised reporting requirements and additional enforcement decisions.

We’re tracking developments and will provide updates as FinCEN releases new guidance. Read more here.

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