Author: Bailey Glasser

Sharon Iskra Argues Case Before Supreme Court of Appeals of West Virginia

On April 17, BG partner and Institutional Abuse and Neglect team leader Sharon Iskra argued before the Supreme Court of Appeals of West Virginia in support of a $3.5 million jury verdict rendered against a residential care facility on behalf of two developmentally disabled individuals who had been abused as children.

As April is Child Abuse Prevention Month as well as Sexual Assault Awareness Month, Sharon was proud to argue on behalf of her clients before the Supreme Court of Appeals of West Virginia.

To learn more about Sharon and her work, visit this link.

To learn more about the work of Bailey Glasser on behalf of the survivors of sexual abuse, visit here.

Brian Glasser Named a Top 200 Lawyer in America by Forbes

Bailey Glasser founding partner Brian Glasser has been named one of “America’s Top 200 Lawyers” by Forbes in its first-ever elite lawyer list.

Forbes described its criteria as follows: “[t]he elite lawyers on this list were selected through a rigorous, multi-stage process of researching, evaluating and rating thousands of candidates, conducted by an editorial team with broad experience in law practice and the legal marketplace. The result is a collection of top lawyers involved in the most consequential cases, deals or legal trends in recent years . . . . they all share reputations for integrity, records of excellence—and Forbes’ recognition as the best in the business. What follows is a power list of lawyers whose skill, passion and purpose set them apart—for when you or your business need it most.”

In the last two years alone, Brian won a $5 million award against MyPillow CEO and election conspiracist Michael Lindell; helped lead the challenge to Johnson & Johnson’s “Texas Two Step” bankruptcy maneuver on behalf of people injured by J&J’s asbestos-riddled talc products; helped win dismissal of the bankruptcy of 3M subsidiary Aearo Technologies by a federal judge which thereafter resulted in the $6 billion settlement of more than 260,000 lawsuits brought by veterans and U.S. service members alleging that 3M military earplugs caused their hearing loss; and has won tens of millions of dollars for his clients in other lawsuits. He has also led the filing of hundreds of lawsuits on behalf of people abused as minors by the State of Maryland’s juvenile hall facilities via a new law passed in October 2023 that permitted previously time-barred claims by abuse survivors.

Read more here.

BG Files Amicus Brief on Behalf of Military Veterans

Bailey Glasser filed an amicus brief supporting military families opposing arbitration sought by Citibank in the case Pablo Espin v. Citibank, N.A., currently pending before the United States Court of Appeals for the Fourth Circuit. The Amici Curiae represented are the National Guard of the United States, the Military Officers Association of America, and the Reserve Organization of America. This case involves a proposed class of military members who are arguing that Citibank cannot force them to arbitrate claims the bank overcharged credit card fees, arguing federal laws on military-member lending negate arbitration agreements.

ERISA Practice Group Leader and former veteran Greg Porter stated: “We are proud to support military families in opposing Citibank’s efforts to force their claims into arbitration. As a veteran who served overseas, I understand the challenges that military families face when members are serving outside the country.”

Greg served four years in the United States Army, including 18 months on the demilitarized zone in Korea where he was part of the Joint Security Area forces in Pan Mun Jom. We thank Greg and all veterans for their service.

To learn more about Greg Porter visit this link.

To learn more about our ERISA and ESOP practice visit this link.

Bailey Glasser Adds Two Lawyers to its Asbestos & Lung Disease Practice

Bailey & Glasser, LLP has added two compassionate and dedicated lawyers to its national Asbestos and Lung Disease practice group. Jena Borden will practice in the firm’s Maryville, Illinois office, and Timothy Leckenby is the newest member of the firm’s Pittsburgh, Pennsylvania office. Jena and Tim focus their practice on representing individuals who have contracted mesothelioma, asbestosis, and other lung diseases caused by exposure to asbestos.

Of Counsel lawyer Jena L. Borden is an experienced litigator with over twenty years of experience representing plaintiffs injured by products made by companies that put profits over people. Jena has collected millions in settlements for asbestos victims nationwide, but she also brings valuable regional expertise having litigated cases in the most active court in the nation for asbestos litigation, Madison County, Illinois. For more about Jena Borden please click here.

Lawyer Timothy Leckenby joins our busy Pittsburgh asbestos team focusing on investigating asbestos cases from industrial settings like steel mills, chemical plants, power plants, or factories to residential dwellings and school buildings. Tim brings prior litigation experience including contract, personal injury, professional negligence, e-discovery, class actions and multidistrict litigation, unfair trade practices, and federal declaratory judgment actions. Learn more about Timothy Leckenby here.

To read the full announcement, please visit here.

To learn more about our Asbestos and Lung Disease practice, please visit here.

Bailey Glasser Wins Partial Summary Judgment in Symbria ESOP Litigation

On March 25, 2024, Bailey & Glasser, LLP won a motion for partial summary judgment in the U.S. District Court for the Northern District of Illinois in the case Placht v. Argent Trust Company, Case No. 21-cv-5783. The lawsuit claims that Argent, the trustee for the Symbria Inc. Employee Stock Ownership Plan (the “ESOP”), caused the ESOP to purchase $66,500,000 of Symbria, Inc. stock for more than fair market value, violating federal pension law in the ERISA statute. The court held that the plaintiff proved every element of her ERISA prohibited transaction claims, removing the need to provide additional proof of these elements at trial.

The court made important rulings of law in favor of the plaintiff and beneficiaries of employee benefit plans generally.

First, the court rejected Argent’s argument that the plaintiff’s claim that Argent caused the ESOP to engage in a prohibited transfer of plan assets to “parties in interest” to the ESOP requires a showing of subjective intent to benefit such parties through the transfer. The court explained that rejecting a subjective intent requirement comports with Congress’ intent for the statute to set forth per se violations, for which the parties’ intent should have no bearing as to whether a violation occurred. This has been a hotly contested issue in ERISA litigation.

Second, the court rejected Argent’s argument that an affirmative defense that the ESOP paid “adequate consideration” thwarted the plaintiff’s claims concerning the allegedly prohibited and imprudent stock transaction. Referring to facts adduced by the plaintiff and the plaintiff’s experts’ analyses, the court held that “factual questions exist as to whether Argent acted prudently and ensured that the Plan paid no more than ‘adequate consideration’ for the Symbria stock.” Therefore the plaintiff’s “claims and Argent’s defenses with respect to the ESOP Transaction must proceed to trial.” This decision puts plan fiduciaries to their proof and is precedent that, rather than being decided on a premature summary judgment, trials are required on the fact-intensive inquiry into the diligence of trustees’ stock valuations and transaction negotiations.

For more visit here.

Bailey Glasser Announces Elevation of Lorren Patterson to Partner

Bailey & Glasser, LLP is delighted to announce that California and Washington, D.C. corporate attorney Lorren L. Patterson has been elevated to partner. Lorren is a member of our Corporate Practice Group, where she focuses her practice on complex transactions and strategic corporate advice for private and public companies, closely held family offices, state entities, and business owners. Her transactional work involves a variety of corporate and commercial matters, including mergers and acquisitions, commercial contracting, governance, corporate finance, private equity and other business transactions in addition to intellectual property matters.

Lorren has been recognized as a Best Lawyers Ones to Watch in Banking and Finance Law, Closely Held Companies and Family Businesses Law, and Corporate Law in Washington, D.C. in 2024. She was also named a Super Lawyers Rising Star in the District of Columbia in Business/Corporate in 2022 and 2023.

“Congratulations to Lorren on her well-deserved promotion to partner at Bailey Glasser,” said Jonathan Deem, the firm’s Corporate Practice Group Leader. “Lorren has proven to be a key team member of our corporate group on some of our most complicated matters, and she will bring invaluable contributions to the firm and the clients we serve in her new role as a partner.”

Notably, Lorren is a member of the Bailey Glasser team that serves as outside general counsel to the West Virginia Investment Management Board (WVIMB), an independent state entity charged with investing over $25 billion of state and local public moneys. Last year, the team assisted the WVIMB in closing over $900 million in investments held in private equity, real estate, hedge and private credit pools.

To read the full firm announcement, please visit here.

For more about Lorren Patterson, please visit here.

#corporatelaw #businesslaw #newpartner #baileyglasser #welldone

The U.S. Environmental Protection Agency Bans Ongoing Use of Asbestos

On March 18, 2024, the United States Environmental Protection Agency (EPA) announced a final rule prohibiting the use of chrysotile asbestos, the last remaining type of asbestos that was being used and imported into the United States. Considering that asbestos is a known carcinogen that is already banned in more than fifty (50) countries, this is a monumental announcement that is long overdue.

The pervasive severe health risks associated with asbestos exposure have been well-documented for decades. Though new asbestos use in the United States has declined steadily since the 1980s, each year in the United States asbestos exposure is linked to 40,000 deaths from lung cancer, mesothelioma, and other cancers. The unfortunate reality is that asbestos still lingers as a construction material in millions of homes and public buildings throughout the United States.

Traditionally, the risk of asbestos exposure and related diagnoses of lung cancer or mesothelioma was associated with working in an industrial setting like shipbuilding, factories, or servicing heavy machinery. While those risks have reduced with the passage of time, the risk of exposure from asbestos-containing building materials in public buildings and college campuses remains.

Although there are several known types of asbestos, the only form known to be imported, processed, or distributed for use in the United States is chrysotile. The EPA ban comes on the heels of steadily increasing imports of chrysotile asbestos each year, as recently as 2022. Chrysotile asbestos is found in many products including asbestos diaphragms, sheet gaskets, brake blocks, aftermarket automotive brakes/linings, other vehicle friction products, and other gaskets.

Though this decision to ban chrysotile asbestos is long overdue, it is not the end of asbestos use in the United States. As Phase II of its asbestos risk evaluation, the EPA will be considering legacy uses of chrysotile asbestos, disposal of chrysotile asbestos, as well as asbestos-containing talc. Our asbestos litigation team will continue to monitor the EPA’s evaluation closely and provide an update when Phase II is complete.

While asbestos exposure has been linked to lung cancer and mesothelioma for decades the long latency period is a lesser-known consequence of exposure. This means that you may be diagnosed with lung cancer or mesothelioma decades after you were exposed to asbestos. Contacting an attorney as soon as you are diagnosed with lung cancer or mesothelioma is critical to allow for your potential claim to be timely investigated and filed.

If you or a loved one has been diagnosed with lung cancer or mesothelioma it is important to act quickly to protect your rights. Contact us today to schedule a consultation with a member of our asbestos litigation team. You don’t have to face this challenging situation alone – we are here to fight for you.

Learn more about partner Travis Prince here.

And for more information on our Asbestos & Lung Disease, please visit here.

Sources:

https://www.epa.gov/newsreleases/biden-harris-administration-finalizes-ban-ongoing-uses-asbestos-protect-people-cancer

https://www.bbc.com/news/world-us-canada-68602748#

Watch Now: Partner Greg Haddad Discusses Long-Term Symptoms of a Traumatic Brain Injury

According to the Brain Injury Association of America, more than 5.3 million adults and children in the U.S. are living with some sort of permanent brain injury-related disability, and some 2.8 million individuals will experience a Traumatic Brain Injury (TBI) every year. Brain injuries – even those considered “small” – can lead to months, years, or even lifetimes of physical, emotional, and cognitive issues. What is particularly sneaky about these types of injuries is that their cause – and effects — might not be recognized until long after the injury has occurred.

In this short video, BG partner P. Gregory Haddad, our firm’s Personal Injury Practice Group Leader, discusses the long-term symptoms of a traumatic brain injury and the behaviors to look for in a loved one who may have experienced this type of injury. Watch here.

Our Personal Injury attorneys are dedicated to helping individuals who have suffered traumatic brain injuries due to accidents, negligence, or other unfortunate circumstances. Learn more about our TBI experience by visiting here.
#BrainInjuryAwareness #TBI #BaileyGlasser

Brain Injury Awareness Month: Concussion Facts & Prevention Tips

Did you know that the Brain Injury Association of America estimates someone in the U.S. sustains a brain injury every 9 seconds? While most of us never imagine ourselves being impacted by a brain injury, these injuries are more common than we may think. Concussions are the most common type of brain injury, defined as sudden movement causing the brain to bounce around or twist in the skull and creating chemical changes in the brain.

While the symptoms of a concussion often last only a few days or weeks, sometimes they last a much longer time or can be permanent in nature. Concussions can be devastating if not attended to properly. Below are facts about how concussions occur and prevention tips.

1) Concussions most often occur as a result of blows to the head during sports activities, car or workplace accidents, military combat, falls, assaults, or any daily mishap.

2) Concussions can go undetected because their symptoms may not appear related to a head injury, so it’s crucial to seek medical attention if you suspect you’ve sustained one. Symptoms can include sleep irregularities, mood disturbances (such as depression or anxiety), memory and cognitive issues, and slower-than-normal mental processing.

3) Signs of immediate danger after concussion include repeat vomiting and loss of consciousness, vision disturbances, headache, seizures, slurred speech, and more.

4) Prevention is key! Wearing helmets during activities like biking and sports can significantly reduce the risk of brain injuries for people of all ages.

5) Take steps to help seniors prevent concussions such as removing hazardous objects, lighting up living space to avoid tripping, installing assistive devices, and providing sensible footwear.

To learn more facts about concussions and prevention, visit here.

For more information about Bailey Glasser’s Traumatic Brain Injury lawyers, visit here.

#BrainInjuryAwarenessMonth #TBI #Concussions #BaileyGlasser

BG Wins $40 Million Jury Trial in Federal Texas Court


Washington, D.C.: On March 6, 2024, a Bailey & Glasser trial team won a $40 million jury verdict in Texas federal court in a fraud case against Mark Siffin and Paul Cyphers arising out of the bankruptcy of MTE Holdings, LLC. The case is Thomas Bennett, Trustee for the MTE Litigation Trust v. Mark Siffin et al., U.S. District Court for the Western District of Texas, 7:21-cv-00214-DC-RCG. 

The Bailey Glasser trial team consisted of partners Robert Bell, Cary Joshi, Elliott McGraw, and John Turner, along with paralegal Manny Rios.

Bailey Glasser’s client, the Trustee of the MTE Litigation Trust, asserted fraud and breach of fiduciary duty claims against certain officers of MTE Holdings, LLC and their affiliated company MDC Energy LLC, an oil and gas exploration and production company headquartered in Midland, Texas. The beneficiaries of the trust are a group of financial institutions that had lent almost half a billion dollars to MTE Holdings before MTE filed for bankruptcy in October 2019. The group of lenders sued the individual officers of MTE for intentionally misrepresenting the financial health of the company in order to continue to draw on the loan.

After deliberating for just two hours, the jury awarded the plaintiff $40 million, finding both Mr. Siffin and Mr. Cyphers liable for fraud.

“The plaintiff’s interests have been vindicated,” said Cary Joshi, counsel for the MTE Litigation Trust. “Our client knew they had been defrauded and the jury knew it, too.”