Author: Bailey Glasser

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

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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.

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

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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.

ERISA Partner Gregory Porter to Speak on Federalist Society Panel

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his Thursday, Bailey Glasser’s ERISA Practice Group Leader, Gregory Porter, will join the Federalist Society’s “A Seat at the Sitting” panel discussion to preview the Supreme Court of the United States’ upcoming January docket.

One case set for argument on January 22, 2025, is Cunningham v. Cornell, which focuses on a key issue in ERISA litigation: whether a plaintiff can state a claim simply by alleging that a plan fiduciary engaged in prohibited transactions with a party in interest, or whether they must plead and prove additional facts not expressly required by federal law. The outcome could significantly impact how ERISA claims are litigated, particularly those involving retirement plan fees and fiduciary duties.

Greg brings extensive trial and class action experience in complex pension, 401(k), and ESOP lawsuits, having recovered hundreds of millions of dollars on behalf of employees who lost retirement savings due to fiduciary mismanagement. His insights on the potential implications of this case for retirement plans nationwide are invaluable. To learn more about Greg, visit here.

For more information and to register for the webinar, visit here.

BG Team Wins Appeal in Lawsuit Against Lloyd’s of London

A BG team won an appeal on behalf of our client Mega Highwall Mining against insurer Lloyd’s of London.

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A BG litigation team won an appeal before the Commonwealth of Kentucky Court of Appeals on behalf of our client, Mega Highwall Mining, against insurer Lloyd’s of London. The team was comprised of partner and Practice Area Leader Nicholas Johnson; partners Joshua Hammack and Travis Prince; and lawyers Savanna Jones and Christopher Smith.

In 2021, the firm’s client, Mega Highwall Mining, LLC, procured an expensive property insurance policy to cover its highwall mining equipment. In April 2021, the mountain fell in on the mining equipment worth millions of dollars, forever entombing it in the earth. Mega made a claim to Lloyd’s, but Lloyd’s denied the claim, alleging that Mega had abandoned the mining equipment. After the conclusion of discovery, both sides moved for summary judgment. The trial court granted summary judgment to Lloyd’s of London, finding that the abandonment exclusion applied to the physical loss and thus precluded coverage on Mega Highwall’s claim. We then appealed.

On appeal, the appeals court agreed with Mega’s position. The appeals court held: “Although we agree that there is only one reasonable interpretation, we disagree with the court’s reading of the exclusion and its conclusion that coverage was precluded. While abandonment can be a cause of a loss that would be excluded under the Lloyd’s policy, it was not the cause of the loss herein. Because the property was not abandoned, regardless of the fact that it was not returned to the surface, the abandonment exclusion does not apply.”

We look forward to a speedy resolution of the case upon remand.

To learn more about Bailey Glasser’s commercial litigation practice, please visit this link to our Commercial & Environmental Litigation Practice page.

To learn more about our appellate work, please visit our Appellate & Supreme Court Practice page.