Author: Bailey Glasser

BG Team Wins $19.96 Million Judgment on Behalf of Wildcat Coal, LLC

On October 12, 2023, Bailey Glasser prevailed in a lease royalty dispute on behalf of our client Wildcat Coal, LLC, obtaining a judgment of nearly $20 million. This dispute involved calculation of advance royalties in a coal mining lease. The judgment was issued by Judge Freudenthal of the United States District Court for the District of Wyoming.

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On October 12, 2023, Bailey Glasser prevailed in a lease royalty dispute on behalf of our client Wildcat Coal, LLC, obtaining a judgment of nearly $20 million. This dispute involved calculation of advance royalties in a coal mining lease. The judgment was issued by Judge Freudenthal of the United States District Court for the District of Wyoming.

The defendant, Bridger Coal Company, argued that it did not owe Wildcat any advance royalties despite a provision of the mining lease that obligated Bridger to mine at least 45% of its coal from Wildcat’s properties.

“We are glad that Wildcat will receive the advance royalties that Bridger agreed to pay under the lease,” said Bailey Glasser founding partner Brian Glasser, lead counsel in this case.

In addition to Mr. Glasser, the Bailey Glasser team included partners Leslie Brueckner, Jennifer Fahey, and Ben Schwartzman.

The Order granting judgment can be viewed here.

Court Rules All Plaintiffs in Title IX Case Can Sue SDSU for Retaliation

In the case’s second key ruling in the past month, a federal judge held that all of the female student-athletes who filed the precedent-setting Title IX sex discrimination class action against San Diego State University can sue the school for retaliating against them for asserting their rights.

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In the case’s second key ruling in the past month, a federal judge held that all of the female student-athletes who filed the precedent-setting Title IX sex discrimination class action against San Diego State University can sue the school for retaliating against them for asserting their rights.

On April 12, 2023, the court held that five Plaintiffs could sue for retaliation and twelve could not. Yesterday, October 10, 2023, it amended that order and held that all seventeen Plaintiffs could do so – and could seek both damages against SDSU for its past retaliation and a court order barring the school from retaliating in the future.

“Our justice system depends on the simple point that litigants cannot intimidate or scare away potential witnesses,” said Bailey Glasser partner Joshua Hammack in Washington, D.C., who took the lead in briefing and arguing the issues. “SDSU tried to do exactly that, and the Court agreed all Plaintiffs deserve their day in court on the resulting retaliation claim.”

The Bailey Glasser team is composed of Title IX team leader Arthur Bryant and partners Joshua Hammack, Lori Bullock, and Cary Joshi, along with co-counsel Amber Eck and Jenna Rangel of Haeggquist & Eck, LLP, and David S. Casey, Jr., and Gayle Blatt of Casey Gerry in San Diego.

For more details, please visit this link.

#titleix #justice #baileyglasser #equalrightsinsports

BG Victory in Sixth Circuit Stands as U.S. Supreme Court Denies Certiorari

On October 2, 2023, Joshua Hammack, Nick Johnson, and Chris Smith continued their string of litigation wins on behalf of Foresight Coal Sales. For years, Foresight has argued a Kentucky law—SB 257—violates the Constitution by discriminating against interstate commerce. In February 2023, the U.S. Court of Appeals for the Sixth Circuit ruled that Foresight’s constitutional claim was likely to succeed. Put simply, it held Kentucky could not “have its cake and eat it, too.”

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On October 2, 2023, Joshua Hammack, Nick Johnson, and Chris Smith continued their string of litigation wins on behalf of Foresight Coal Sales. For years, Foresight has argued a Kentucky law—SB 257—violates the Constitution by discriminating against interstate commerce. In February 2023, the U.S. Court of Appeals for the Sixth Circuit ruled that Foresight’s constitutional claim was likely to succeed. Put simply, it held Kentucky could not “have its cake and eat it, too.”

Kentucky filed a petition for certiorari, asking the Supreme Court of the United States to review the Sixth Circuit’s decision. To show Kentucky’s arguments were wrong, the Bailey Glasser appellate team turned to a timeless classic: Animal Farm. (This one is worth a read!) On Monday, the Supreme Court denied Kentucky’s petition for certiorari.

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Bailey & Glasser, LLP Fighting for Maryland Sex Abuse Survivors

This has been a significant week for survivors of sex abuse in the state of Maryland. On Sunday, the new Maryland Child Victims Act of 2023 went into effect, eliminating the statute of limitations for child sexual abuse cases. On the same day, Bailey Glasser and a consortium of 3 other law firms filed six lawsuits against the State of Maryland on behalf of over 50 survivors abused while in Maryland’s juvenile justice system.

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This has been a significant week for survivors of sex abuse in the state of Maryland. On Sunday, the new Maryland Child Victims Act of 2023 went into effect, eliminating the statute of limitations for child sexual abuse cases. On the same day, Bailey Glasser and a consortium of 3 other law firms filed six lawsuits against the State of Maryland on behalf of over 50 survivors abused while in Maryland’s juvenile justice system.

We are grateful for the all the public interest in the fight for justice for these survivors. If you’d like to learn more about these lawsuits or our team of attorneys, you can read our press release and other media coverage here.

The Bailey Glasser team includes Sharon F. Iskra leader of the Institutional Abuse & Neglect team, founding partner Brian A. Glasser, Mass Torts Practice Group leader David L. Selby II, and mass torts partner D. Todd Mathews. The other law firms representing the survivors include Walsh Law PLLC; Rhine Law Firm; and DiCello Levitt.

#survivorsrights #ChildVictimsAct #BaileyGlasser

Bailey Glasser Title IX Team Settlement with FSU Featured in USA TODAY Article

“The only thing that works is women being willing to fight,” said Arthur Bryant, Bailey Glasser’s Title IX team leader in the USA Today article: “Florida State University to add women’s lacrosse team after USA TODAY investigation.” The article covers yesterday’s major settlement with Florida State University on behalf of women advocating for a women’s varsity lacrosse team. In the settlement, FSU agreed to add a varsity women’s lacrosse team, develop a gender equity plan, and bring its intercollegiate athletics program into compliance with Title IX.

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“The only thing that works is women being willing to fight,” said Arthur Bryant, Bailey Glasser’s Title IX team leader in the USA Today article: “Florida State University to add women’s lacrosse team after USA TODAY investigation.” The article covers yesterday’s major settlement with Florida State University on behalf of women advocating for a women’s varsity lacrosse team. In the settlement, FSU agreed to add a varsity women’s lacrosse team, develop a gender equity plan, and bring its intercollegiate athletics program into compliance with Title IX.

USA Today says: “The agreement comes after Arthur Bryant, a prominent, California-based Title IX lawyer, in consultation with members of the FSU club women’s lacrosse team, threatened legal action against the university in early August, citing Title IX. It also comes less than 18 months after a USA TODAY investigation revealed that Florida State University was not in compliance with Title IX.”

Bryant told USA TODAY, “The history of Title IX in America is that the only thing that makes progress for women who are being discriminated against is for them to stand up and fight,” he said. “The vast majority of colleges and universities are still in violation of Title IX, 51 years after it was passed, and the federal government has never filed enforcement action in court to force (any) schools to come into compliance with Title IX.”

The Bailey Glasser team also consisted of partners Lori Bullock, Joshua Hammack, and Cary Joshi.

“It doesn’t even feel real. I’ve been crying tears of pure joy all day,” FSU women’s club lacrosse team captain Sophia Villalonga told USA TODAY late Tuesday. “The last few hours have been such a rush. I’m just speechless.”

Read the full article here. #TitleIX #TitleIXAthletics #BaileyGlasser #FSULacrosse #USAToday