Motion for Temporary Order Filed in Suit Against Johnson & Johnson

Bailey & Glasser, LLP and a group of leading law firms filed a motion to show cause why a preliminary injunction ought not issue to stop Johnson & Johnson and its subsidiaries from pursuing a new bankruptcy filing in any district other than in New Jersey, where tens of thousands of civil lawsuits are already consolidated in multidistrict litigation.

The company recently announced the pursuit of a prepackaged bankruptcy plan to resolve talc claims in an unspecified federal court in Texas. Two previous bankruptcy filings by the company have been denied by the courts in New Jersey, where J&J is headquartered. In today’s filing, we seek a temporary restraining order on the basis that J&J is attempting to evade jurisdiction and continue to manipulate the bankruptcy process to disadvantage tens of thousands of women who developed cancer from continued use of Johnson’s products. We also seek to prevent any amendments to agreements between J&J and its subsidiaries to fund the plan without notifying the plaintiffs.

The Bailey Glasser team in this case includes founding partner Brian A. Glasser; David L. Selby II, the firm’s Mass Tort Practice Group Leader, partner D. Todd Mathews, Of Counsel Thomas B. Bennett, partner Thanos Basdekis, partner and Consumer Protection Practice Group Leader Patricia Kipnis, and Of Counsel Michael Shenkman. Other firms representing the plaintiffs in this lawsuit are Beasley Allen Crow Methvin Portis & Miles PC, Levin Papantonio Rafferty Proctor Buchanan O’Brien Barr Mougey PA; Golomb Legal; Ashcraft & Gerel LLP; and Burns Charest LLP.

On behalf of our clients, we have requested that the injunction hearing be heard at the earliest possible time.

For more please visit this link.

National Trailer Safety Week

Perhaps nothing is more nerve-wracking while traveling on the road than maneuvering around a large 18-wheeler or tractor-trailer. According to the National High Traffic Safety Administration, in 2021 there were a total of 523,796 large truck accidents in the United States. National Trailer Safety Week is an opportunity to spread awareness of the proper use of trailers and how to minimize danger on the road when driving near tractor-trailers and other towed trailers.

Below are a few tips to remember when driving near large trucks to minimize the danger of a trucking accident:

1. Stay out of blind spots – Large trucks have huge blind spots around the front, back, and sides of the vehicle. If you cannot see the driver in the truck’s side mirrors, assume they cannot see you.

2. Pass safely and don’t cut it too close – Make sure you can see the driver in the truck’s side mirror before passing and be sure to use your vehicle’s signals.

3. Anticipate wide turns – Trucks require more turning room and may often swing wide or initiate a turn from the middle lane.

In this short video, Bailey Glasser partner, Sam Hrko, discusses how our team of Personal Injury lawyers can help you after a trucking accident. From investigating the underlying factors contributing to the accident, to protecting your rights against big trucking companies, our experienced attorneys understand the laws and regulations that apply to the trucking industry. We are known for our blue-collar work ethic and tireless effort to fight for our client’s best interests. Remember that if a disaster ever strikes you or your family, the attorneys at Bailey Glasser are here when you need us most.

To learn more about our Catastrophic Personal Injury services, visit here.

And to learn more about Sam Hrko’s personal injury experience, visit here.

#TrailerSafetyWeek #BaileyGlasser #TruckingAccidents #TractorTrailer #PersonalInjuryLawyers

Partner Travis Prince Speaking at 66th Annual WVAJ Convention

BG partner, Travis A. Prince, is speaking at the 66th Annual West Virginia Association for Justice Convention and Seminar on June 6 – 7th in Charleston, WV. On Friday, Travis will be a panelist in the session titled: “When Criminal and Civil Law Collide: Handling the Civil Case and Securing Justice for Your Client.” The WVAJ and its members are committed to protecting access to the West Virginia state and federal courts, the civil justice system, and the 7th Amendment right to a jury trial.

Travis Prince focuses his practice on catastrophic personal injury, civil rights violations, asbestos litigation, and medical malpractice cases, including but not limited to wrongful death, misdiagnosis, delayed diagnosis, stroke, heart attack, and joint replacement. Recently, Travis represented Blake Gober, a Marine veteran wrongly accused of stealing a Hertz rental, and helped to obtain the dismissal of all felony charges against him with prejudice.

To learn more about Travis Prince, please visit here.

For more information and to register for the Annual WVAJ Convention visit here.

#WVAJ #justice #thoughtleadership

Bailey Glasser Defeats Motion to Dismiss in Schwab Managed 401(k) Action

BG secured an important win for employee participants of the Vituity and MedAmerica 401(k) retirement plan. On Friday, U.S. District Court Judge Richard Seeborg of the Northern District of California ruled on a motion to dismiss filed by CEP America and the MedAmerica Retirement & Benefits Committee, which oversees the 401(k) plan offered to employees and retirees of Vituity and MedAmerica. In his ruling denying the motion in part, Judge Seeborg noted that the Complaint alleges that the fees charged by recordkeepers to other 401(k) plans “were multiples less than those charged” by Schwab.

The employees, represented by Greg Porter, BG’s ERISA Practice Group Leader, and ERISA partner Mark Boyko, allege that the Defendants violated ERISA laws by allowing millions of dollars of their retirement savings to go to Schwab’s recordkeeping arm and to MedAmerica. The Plaintiffs also alleged that Schwab’s excessive compensation included Schwab receiving benefits from the 401(k) Plan’s use of Schwab’s bank savings account.

“Employers need to understand and accept their responsibility for prudently managing 401(k) plans free from conflicts of interest and self-dealing,” Boyko said. “We look forward to pursuing this matter on its merits.”

The case is Nagy, et al., v. CEP America, LLC, et al, No. 23-cv-5648, and is pending in the Northern District of California.

BG’s award-winning ERISA, Employee Benefits & Trust Litigation practice has been ranked by Chambers & Partners in the Nationwide ERISA Litigation: Mainly Plaintiffs category. Learn more about our ERISA services here.

Greg Porter, BG’s ERISA Practice Group Leader, has also received top rankings by Chambers in Nationwide ERISA Litigation: Mainly Plaintiffs (Band One). Learn more about his practice here.

And for more on ERISA partner Mark Boyko, visit here.

#ERISA #401k #Retirement

BG Files Two New Lawsuits Against the State of Illinois on Behalf of Survivors of Sexual Assault & Abuse


Bailey Glasser has filed two new complaints on behalf of 95 men and 13 women survivors of sexual abuse against the State of Illinois, alleging that the Illinois Department of Corrections and Department of Juvenile Justice failed to protect them from sexual abuse perpetrated by adult employees at Illinois Youth Centers. As alleged in the two new complaints filed today, between 1996 and 2017, hundreds of youths were victimized in Illinois Youth Centers, most between the ages of 10 and 17.

Bailey Glasser is on the forefront of lawsuits seeking justice on behalf of childhood sexual abuse survivors and has brought hundreds of similar lawsuits in the State of Maryland on behalf of survivors of abuse in its juvenile hall detention facilities.

Partner D. Todd Mathews, lead counsel on the Bailey Glasser litigation team, stated: “the systemic abuse suffered by our clients while vulnerable minors in the custody of the Illinois Department of Corrections and Department of Juvenile Justice is horrific. We now have three lawsuits representing more than 200 survivors who were intentionally targeted and abused while in state custody, which has impacted every aspect of their lives. We are impressed by our clients’ strength and tenacity in coming forward, and we’re ready to fight for these survivors in court.”

The Bailey Glasser team in this case includes D. Todd Mathews; founding partner Brian A. Glasser; partner and Mass Tort Practice Group Leader David Selby; and lawyer Samira Bode.

MEDIA REQUESTS: To schedule an interview with counsel or for other media inquiries, please contact Joe Carey at joe@careystrategiccommunications.com.

To read more about the lawsuit please visit this link.

To learn more about how we fight on behalf of survivors of sexual abuse across the country, please visit here.

Larry Lederer Named a 2024 Lawdragon Top 500 Plaintiff Financial Lawyer

Bailey Glasser partner Lawrence J. Lederer is included in Lawdragon’s 2024 500 Leading Plaintiff Financial Lawyers guide, now for a sixth year in a row. We thank Lawdragon and everyone who participated in his once again being included on this esteemed list, a true testament to how much Larry cares about his clients, the hard work he puts into their cases, and the results he achieves.

Larry has extensive experience litigating securities, commercial, consumer class actions, and other cases in federal and state courts throughout the United States. In the last year, he’s brought impactful litigations to help people who have had issues related to violation of privacy laws, mortgage lending and finance, telemarketing and the non-funding of PPP loans which continue to affect small businesses across the country.

This Lawdragon recognition is especially prestigious as the 500 lawyers were selected through a process of “select[ing] members of this guide through our time-honed process of submissions, independent research and vetting with friends and foes.”

See the full list here.

To learn more about Larry Lederer, please visit this link.

Lawsuit Filed Against Johnson & Johnson for Bad Faith Bankruptcies

Bailey & Glasser, LLP and a group of leading law firms filed a federal lawsuit against Johnson & Johnson and other defendants due to their repeated attempt to use the U.S. bankruptcy system to prevent victims of its cancer-causing products from having their day in court. The case is Love v. LLT Management LLC, No. 24-06320 (5/22/24), U.S. District Court for the District of New Jersey.

The Bailey Glasser team in this case includes founding partner Brian A. Glasser; David L. Selby II, the firm’s Mass Tort Practice Group Leader, partner D. Todd Mathews, and Of Counsel Thomas B. Bennett, former Chief Justice of the United States Bankruptcy Court for the Northern District of Alabama. Other firms representing the plaintiffs in this lawsuit are Beasley Allen Crow Methvin Portis & Miles PC, Levin Papantonio Rafferty Proctor Buchanan O’Brien Barr Mougey PA; Golomb Legal; Ashcraft & Gerel LLP; and Burns Charest LLP.

To read the complaint, media links, and more details, visit this link.

Todd Mathews Discusses IL Abuse Cases on WJPF Newsradio

“Rough stuff”: BG partner Todd Mathews joined WJPF newsradio this morning to discuss our landmark Illinois sex abuse case filed earlier this month on behalf of 95 individuals who suffered sexual abuse as juveniles in juvenile detention facilities across Illinois. In this insightful interview, Todd discusses the status of the case, how more cases are going to be filed, and how many survivors have reported the same kind of abuse by the same people, even when in detention facilities at completely different times. Todd also discusses how a goal is to work with the state to get victims justice for the harms suffered (including treatment and therapy as necessary), and how our clients – all brave survivors who have stepped forward – want this kind of abuse stopped so that no one else has to suffer as they have.

To listen to the full 10-minute interview, visit this link.

To learn more about Todd Mathews visit here.

To learn more about the Illinois lawsuit on behalf of abuse survivors, visit our service page here.

BG Welcomes New Lawyer Paul-Kalvin Collins to Washington, D.C. Office

Bailey Glasser is pleased to announce Paul-Kalvin Collins has joined the firm’s Washington, D.C. office as a lawyer in its national Commercial & Environmental Litigation Practice Group.

Cary Joshi, Bailey Glasser’s Commercial & Environmental Litigation Practice Group Leader, stated: “Congratulations to our newest D.C. attorney, Paul-Kalvin Collins. Paul-Kalvin brings unique work experience from his previous career and education that will be valuable to the clients we serve.”

As part of the Commercial and Environmental Litigation team, Paul-Kalvin will represent clients in complex, high-stakes litigation across the full spectrum of business interests. He will also be assisting in matters with the firm’s corporate practice group, which handles corporate and commercial transactional matters of many kinds.

Paul-Kalvin is a 2023 graduate of Georgetown University Law Center, and while a law student he served as a law clerk and summer associate with Bailey Glasser, as well as a summer law clerk in the Civil Division of the D.C. Superior Court.

Paul-Kalvin previously was the Director of Urban Teachers, an alternative teacher preparation program located in Baltimore, Maryland and has more than 10 years of educational leadership experience.

To learn more about Paul-Kalvin Collins, please visit here.

#Welcome #NewLawyer #BaileyGlasser

Arthur Bryant Tells Sportico: Federal Title IX Report “Confirms the Sad, Shameful Truth.”

Arthur Bryant, Bailey Glasser partner and Title IX team leader, was quoted in a new Sportico article discussing the recent U.S. Government Accountability Office’s report: “COLLEGE ATHLETICS: Education Should Improve Its Title IX Enforcement Efforts.”

According to Sportico, the GAO report found that the U.S. Department of Education’s Office for Civil Rights, responsible for enforcing Title IX, was failing in its efforts. It noted that, during the 2021-22 academic year, 93% of universities had female athletic participation rates lower than their enrollment rate, while 63% of schools had participation-enrollment gaps of 10% or more. You can read the full GAO report here.

Title IX is a federal law that prohibits sex discrimination by schools that receive federal funds, including almost all colleges and universities nationwide. The report, Bryant said, shows that “[m]ost colleges in America are violating Title IX and depriving women of equal opportunities to participate in intercollegiate athletics. The federal government isn’t enforcing the law and making them comply like it should. So this illegal sex discrimination is continuing.”

Arthur Bryant is the nation’s leading Title IX attorney representing both female and male athletes in gender equity lawsuits against schools like San Diego State, Fresno State, and Oregon to the University of Central Oklahoma, Florida State, and Clemson. He has successfully represented more women athletes and potential athletes in Title IX litigation against schools and universities than any lawyer in the country.

“This report confirms the sad, shameful truth,” Bryant told Sportico. “If girls and women want it to stop, they have to be willing to stand up, fight, and sue.”

To read the full Sportico article, please visit here.

To learn more about our recent Title IX cases, visit here.

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