Marshall University Drops Plans to Eliminate Women’s Swimming and Diving Week After Title IX Lawsuit

In a win for student-athletes and equality, Marshall University announced that it will not eliminate its Women’s Swimming & Diving program. Marshall has also committed to fundraise with the team, alumni, and the broader community to improve the team’s facilities and other infrastructure.

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Press Inquiries: Contact partner Cary Joshi (cjoshi@baileyglasser.com) or partner Joshua Hammack (jhammack@baileyglasser.com)

In a win for student-athletes and equality, Marshall University announced that it will not eliminate its Women’s Swimming & Diving program. Marshall has also committed to fundraise with the team, alumni, and the broader community to improve the team’s facilities and other infrastructure.

The decision came just over a week after Bailey Glasser, which represents sixteen members of the team, brought suit in federal court and sought a preliminary injunction to prohibit Marshall from eliminating any women’s team. The lawsuit, Dodd v. Marshall University, was filed March 9, 2026, in the U.S. District Court for the Southern District of West Virginia. The litigation team is led by partners Cary Joshi and Joshua I. Hammack and includes lawyers Savanna Jones and Gabrielle Marcum.

BG partner Joshua I. Hammack, celebrated the news: “This is a great result for the Swimming and Diving team, for the broader Marshall community, and for women everywhere,” Hammack said. “These young women have secured a better, more equitable athletics program for themselves and for future generations of Marshall students. It was an absolute joy to watch the Board’s announcement with them yesterday afternoon.”

Partner Cary Joshi added: “We are grateful that Marshall acted swiftly to keep the team and to help it thrive in the future. The way these student-athletes came together, after receiving heartbreaking news, and advocated for themselves and for each other is nothing short of incredible. We look forward to seeing them back in the pool next season.”

Bailey Glasser is a leading law firm dedicated to enforcing Title IX to win gender equity for student-athletes across the country. Learn more about our Title IX work here.

Bailey & Glasser, LLP warmly welcomes Keeleigh S. Huffman to the Commercial & Environmental Litigation Practice Group in our Charleston, West Virginia office. Keeleigh is an environmental attorney who guides clients through regulatory compliance, enforcement defense, as well as high stakes litigation and appellate advocacy. Keeleigh is equally as enthusiastic and effective in the regulatory docket as she is before the courts.

“Keeleigh’s talent in the regulatory and litigation arenas makes her a unique asset to our law firm and our clients, many of whom are in the energy sector,” said Cary Joshi, Commercial and Environmental Litigation Practice Group Leader. “With our clients in many energy sectors including mining, oil & gas, renewables, and utilities, Keeleigh will bring her talent and passion for environmental law to the teams helping our clients across the country.”

Keeleigh represents clients across the industrial and power generation sectors, translating dense environmental statutes into clear, actionable guidance. She has represented clients in major appeals before the U.S. Court of Appeals for the D.C. Circuit and in emergency stay applications before the Supreme Court of the United States, including helping secure an emergency stay of the Environmental Protection Agency’s “Good Neighbor Plan”— the first of its kind under the Clean Air Act (Ohio v. EPA, 2024). Her practice also includes work on other environmental media such as water, wastewater, hazardous materials, and emerging contaminants.

Keeleigh earned her J.D., with a concentration in Energy and Sustainable Development Law, from the West Virginia University College of Law and holds a B.A. in Political Science with a concentration in Public Policy from Salem College.

Keeleigh is licensed in West Virginia and Texas.

Bailey Glasser Named Benchmark Litigation 2026 Law Firm of the Year

This is our second year being named the Top Law Firm in West Virginia.

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Bailey & Glasser, LLP was named Benchmark Litigation’s 2026 West Virginia “Law Firm of the Year. This is the second consecutive year we’ve received this honor.
Benchmark Litigation’s 2026 US Awards recognize the nation’s most distinguished litigators and their firms for their work over the past twelve months. Honorees were announced live at Benchmark’s Awards Gala in New York City on March 11th, 2026.

Winning Benchmark’s prestigious West Virginia “Firm of the Year” award two years in a row reflects the excellence of our firm’s work and dedication to our clients. It is an honor to be recognized alongside top-tier firms and litigators, including fellow law firm nominees Bowles Rice, Jackson Kelly, Dinsmore & Shohl, and Nelson Mullins Riley & Scarborough. View the entire list of Benchmark Litigation US Awards 2026 Winners here.

Benchmark Litigation provides comprehensive coverage of the U.S. litigation market, with rankings based on extensive interviews with litigators, dispute resolution specialists, and their clients. As noted by Benchmark Litigation in announcing the winners:

We trust this year’s ceremony delivered the recognition your outstanding contributions truly deserve. The Benchmark Awards are all about honoring you – the elite litigators and the firms that set the standard for excellence. To be nominated is already a testament to your exceptional performance and the undeniable impact you’ve had on the litigation landscape over the past year. Each year, the competition grows more intense, and the selection process becomes increasingly challenging. After months of rigorous research, peer and client reviews, and meticulous analysis of recent casework, we are proud to present the 2026 Benchmark US Award winners.

We appreciate that Benchmark Litigation has recognized Bailey Glasser and our attorneys across many categories. See the full list here.

Congratulations to all the outstanding lawyers and firms recognized this year. We are grateful to Benchmark Litigation for these honors and for its continued commitment to celebrating excellence in litigation.

Bailey Glasser Welcomes Elazar Kosman to Delaware Office

Elazar represents business clients in complex corporate and commercial litigation and restructuring matters in the unique Delaware legal ecosystem.

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Bailey & Glasser, LLP (“Bailey Glasser”) warmly welcomes litigator Elazar Kosman to our national Commercial & Environmental Litigation Practice Group where he joins the firm’s Best Law Firms®-ranked Wilmington, Delaware office working alongside Delaware managing partner David Felice, who is a Best Lawyers®-ranked litigator and certified neutral arbitrator with the American Arbitration Association (AAA) and the International Centre for Dispute Resolution (ICDR).

Elazar represents business clients in complex corporate and commercial litigation and restructuring matters, including litigating fraud and corporate governance disputes before Delaware state and federal courts, with a particular emphasis on the Delaware Court of Chancery. He also has bankruptcy and restructuring experience, representing debtors, creditors’ committees, trustees, and other stakeholders in chapter 11 proceedings.

David Felice commented: “With more than 60 percent of Fortune 500 companies incorporated in Delaware, many consequential commercial disputes are litigated before Delaware courts. Elazar’s lawyering skills, in addition to his commitment to our clients, is a valuable combination. We are glad he is here to be of service to our many kinds of clients navigating our unique Delaware legal ecosystem.”

Elazar earned his J.D. from Georgetown University Law Center and holds a B.A. from the Talmudic College of South Florida.

BG Files Title IX Lawsuit Against Marshall University

Bailey Glasser Seeks to preserve all women’s teams as the case proceeds in federal court.

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Members of the Marshall University women’s swimming and diving team filed a class action lawsuit against the school and its Board of Governors for violating their civil rights under Title IX, which prohibits sex discrimination in all educational institutions that receive federal funds. The plaintiffs have also asked the court to issue a temporary restraining order and a preliminary injunction to prevent Marshall from eliminating any women’s team, including the swimming and diving team, while the court considers the merits of their claim.

We represent fifteen members of the women’s swimming and diving team. The litigation team is led by partners Cary Joshi and Joshua I. Hammack and includes lawyers Savanna Jones and Gabrielle Marcum. The lawsuit, Dodd v. Marshall University, was filed yesterday in the U.S. District Court for the Southern District of West Virginia.

As set forth in the Complaint, the plaintiffs allege Marshall has violated Title IX by discriminating against women concerning athletic participation opportunities. An independent audit of Marshall’s Title IX compliance situation, done in October 2025, found that Marshall shortchanged women by 210, 250, and 160 participation opportunities in the most recent three academic years. Other publicly available information confirms similar gaps going back even further. Against these substantial and longstanding participation gaps, Marshall chose to eliminate the women’s swimming and diving team, which will make the participation gap even wider.

“This is not an especially close case,” said Joshua I. Hammack. “For years, Marshall has failed to offer women equal opportunities to participate in varsity sports. And now the school seeks to cut a women’s team. The brave women on the swimming and diving team want nothing more—but also nothing less—than the equality Title IX demands.”

Read more here.