Author: Bailey Glasser

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

ERISA Partner Gregory Porter to Speak on Federalist Society Panel

This 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.

#ERISALitigation #SupremeCourt #CunninghamvCornell #BaileyGlasser #FederalistSociety

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

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.

Pictures of lawyers on appellate team

Safe Winter Driving Tips

The American Automotive Association (AAA) expects nearly 107 million people to travel by car to their holiday destination this year, up 2.4% from 2023. The National Highway Transportation Safety Administration reports that in 2022, there were an estimated 153,620 police-reported traffic crashes during snow or sleet conditions, with 32,213 causing injury and 498 resulting in fatalities. The financial cost of accidents can be high, especially if you or the other party are uninsured or underinsured. Medical bills, car repairs, and lost wages can add up.

Here are tips to prepare for driving in wintry weather:
– Evaluate your car insurance to determine whether to increase your coverage (including uninsured/underinsured motorist insurance).
– Check your tires – Ensure proper tread and inflation.
– Test your battery – Cold weather can drain batteries faster.
– Keep your fluids full – Top off antifreeze, windshield washer fluid, and oil.
– Pack an emergency kit – Include blankets, a flashlight, snacks, jumper cables, and first-aid supplies.
– Slow down and leave room – Increase your following distance and drive cautiously in inclement weather.

To learn more about the risks of being under or uninsured, watch this webinar “The Very High Cost of Low (or No) Car Insurance,” by BG partner Sam Hrko highlighting the legal risks and how to protect yourself financially.

#SafeDriving #WinterSafety #DrivePrepared #BaileyGlasser #HolidayTravel

Federal Law Clerk Joins Charleston, WV Office

Bailey & Glasser, LLP has added lawyer Adam Wilson to the firm’s Civil Defense practice group in Charleston, WV, focusing on complex litigation, including high-stakes oil and gas disputes.

As a member of Bailey Glasser’s Oil & Gas team, Adam will leverage a deep understanding of industry regulations, market dynamics, and legal precedents to effectively represent clients across the sector. The team has experience handling matters related to exploration and production, joint operating agreements, royalty disputes, lease disputes, and more. Our work spans both state and federal courts, advocating tenaciously for clients in navigating the intricate legal landscape of the oil and gas industry.

Adam brings valuable courtroom and legal writing experience in complex civil litigation, having completed a federal clerkship in the United States District Court for the Southern District of West Virginia for the Honorable Thomas E. Johnston.

Civil Defense Practice Group Leader, Becky Pomeroy stated, “We are excited to welcome Adam Wilson to our Civil Defense Practice Group in Charleston. His unique background in petroleum and natural gas engineering, along with his federal clerkship experience, will be a great addition to our busy litigation practice. We look forward to his contributions to our team.”

Adam is a graduate of the West Virginia University College of Law, where he served both as an editor on the West Virginia Law Review and as a student practitioner in the College of Law’s United States Supreme Court Clinic. Before attending law school, Adam graduated summa cum laude from West Virginia University with a bachelor’s degree in petroleum and natural gas engineering.

Learn more about Adam Wilson here.

#BaileyGlasser #Litigation #OilandGas #CivilDefense #Welcome

UPDATE: FinCEN Responds to Preliminary Injunction on CTA Enforcement

As we shared in our client alert last week, on December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction in Texas Top Cop Shop, Inc., et al. v. Garland, et al., temporarily halting enforcement of the Corporate Transparency Act (“CTA”) and its beneficial ownership information (“BOI”) reporting requirements.

In response, FinCEN announced it will comply with the Court’s order for as long as it remains in effect, noting that during this time reporting companies are not currently required to file BOI reports and will not face penalties for failing to report while the injunction remains in effect. Voluntary submissions, however, are still permitted.

What This Means for You:

No Immediate Filing Requirement: The preliminary injunction stays all BOI reporting requirement deadlines for now. Reporting companies are momentarily relieved of reporting obligations.

Litigation Ongoing: As expected, the Department of Justice filed a Notice of Appeal on behalf of the Department of the Treasury, signaling the government’s intent to challenge the court’s decision. The ultimate status of the injunction and the CTA remains uncertain, pending further court rulings or guidance.

Preparation Still Recommended: While filing is currently paused, reporting companies should nevertheless continue assessing their BOI reporting requirements and gathering necessary information to ensure readiness if the injunction is lifted. FinCEN has not yet provided guidance on how much time reporting companies will be granted to file their BOI reports if the Texas District Court’s injunction is lifted and how quickly enforcement of the CTA would resume.
Next Steps

We advise clients to monitor this matter closely and maintain preparation for potential filing requirements. Our team is actively tracking developments and will provide updates as the matter evolves. To read more on the recent CTA preliminary injunction in Texas Top Cop Shop, Inc., et al. v. Garland, et al., visit here.

If you have specific questions or need assistance with your compliance strategy, please do not hesitate to contact the BG CTA Team:

Lorren Patterson – lpatterson@baileyglasser.com

Paul-Kalvin Collins – pcollins@baileyglasser.com

Japera Parker – jparker@baileyglasser.com

Client Alert: Holiday Surprise: Nationwide Injunction Halts Corporate Transparency Act Enforcement

Authored by Corporate Practice Group partner Lorren Patterson and corporate attorneys Paul-Kalvin Collins and Japera Parker

Introduction

The Corporate Transparency Act (“CTA”) requires most companies—except for certain exempt entities—to disclose their ownership details to the Financial Crimes Enforcement Network (“FinCEN”). A looming January 1, 2025 reporting deadline for entities formed prior to January 1, 2024 had many companies and compliance departments on edge. But mere weeks before this deadline, a federal court issued a nationwide injunction, preliminarily enjoining the CTA’s enforcement and staying reporting requirements. This temporary relief gives businesses that have yet to submit their information to FinCEN a welcome pause, although this could change rapidly depending on the government’s next steps.

In this article, we break down the outcome of the ruling and explain how it could affect your business, whether you have already filed your information with FinCEN or were preparing to do so by the end of the year.

Texas Federal Court Steps in and Gives a (Temporary) Holiday Gift

On December 3, 2024, in Texas Top Cop Shop, Inc., et al. v. Garland, et al., Case No. 4:24-cv-478 (E.D. Tex.), the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction temporarily prohibiting the enforcement of the CTA and the FinCEN Reporting Rule.

The CTA and Reporting Rule require domestic entities created by the filing of a document with a secretary of state and foreign entities that have registered to do business in the United States (“Reporting Companies”) to file a Beneficial Ownership Information (“BOI”) Report with FinCEN, identifying personal information about the individuals who directly or indirectly own a certain percentage or otherwise control the company, subject to certain exemptions from reporting.

The Court’s decision temporarily halts the CTA’s reporting requirements and enforcement mechanisms for all Reporting Companies across the United States, providing a potential reprieve to approximately 32.6 million entities that were preparing to comply with the January 1, 2025 deadline. Read more.

BG Named to Best Law Firms 2025 List

Bailey Glasser has been recognized by Best Law Firms® across 45 categories on both nationwide and regional/citywide tiers. Our firm has worked tenaciously on behalf of our clients for 25 years, and we never take your good words for granted. Thank you for recognizing our work for another year.

Below please find a full list of our 2025 rankings.

NATIONAL TIER

Litigation – ERISA (Tier 3)
Mass Tort Litigation / Class Actions – Plaintiffs (Tier 1)
Mergers & Acquisitions Law (Tier 3)
Securities / Capital Markets Law (Tier 3)

METROPOLITAN TIER

Charleston, West Virginia
Banking and Finance Law (Tier 3)
Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law (Tier 3)
Bet-the-Company Litigation (Tier 1)
Commercial Litigation (Tier 1)
Criminal Defense: White-Collar (Tier 1)
Energy Law (Tier 2)
Insurance Law (Tier 2)
Litigation – Banking & Finance (Tier 1)
Litigation – Bankruptcy (Tier 1)
Litigation – Insurance (Tier 1)
Litigation – Labor and Employment (Tier 1)
Mass Tort Litigation / Class Actions – Plaintiffs (Tier 1)
Personal Injury Litigation – Defendants (Tier 1)
Personal Injury Litigation – Plaintiffs (Tier 1)
Product Liability Litigation – Plaintiffs (Tier 1)

Washington, D.C.
Banking and Finance Law (Tier 3)
Bet-the-Company Litigation (Tier 3)
Business Organizations (including LLCs and Partnerships) (Tier 3)
Civil Rights Law (Tier 2)
Commercial Litigation (Tier 1)
Corporate Law (Tier 3)
Criminal Defense: White-Collar (Tier 1)
Employee Benefits (ERISA) Law (Tier 1)
Energy Law (Tier 2)
Litigation – ERISA (Tier 2)
Mergers & Acquisitions Law (Tier 1)
Securities / Capital Markets Law (Tier 3)

For more rankings please follow this link.

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