Author: Bailey Glasser

BG Institutional Abuse & Neglect Team Secures Share of Record $11.75M Settlement for Special Needs Student Abused at Holz Elementary

“We will continue to speak on behalf of the voiceless. People say, ‘this has to stop happening’, but it won’t unless we persevere in holding offenders and facilities accountable for every penny of damage.” So commented Sharon Iskra in announcing that today she and partner Sam Hrko, on behalf of a disabled student and that student’s family, obtained a share of a record $11.75 million settlement, the largest ever entered against a public school board in West Virginia history. The amounts of the individual settlements are confidential, with Ms. Iskra and Mr. Hrko obtaining a share of the award for their single client based on the Kanawha County Board of Education’s negligent retention and supervision of teacher Nancy Boggs and classroom aides Lisa Perdue and Lori Gibson.

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“We will continue to speak on behalf of the voiceless. People say, ‘this has to stop happening’, but it won’t unless we persevere in holding offenders and facilities accountable for every penny of damage.” So commented Sharon Iskra in announcing that today she and partner Sam Hrko, on behalf of a disabled student and that student’s family, obtained a share of a record $11.75 million settlement, the largest ever entered against a public school board in West Virginia history. The amounts of the individual settlements are confidential, with Ms. Iskra and Mr. Hrko obtaining a share of the award for their single client based on the Kanawha County Board of Education’s negligent retention and supervision of teacher Nancy Boggs and classroom aides Lisa Perdue and Lori Gibson.

Boggs’ abuse included acts such as banging children’s heads on desks, slapping and yanking them, and degrading them by forcing them to sit on the floor with their noses in a hole in the wall and to eat out of the classroom sink. She also verbally terrorized students by yelling that they were “bad to the bone”, “stupid”, and that “mommy doesn’t care,” among other taunts.

Ms. Iskra and her Institutional Abuse & Neglect Practice Team are dedicated to protecting people abused by institutions such as schools, foster homes, churches, and training academies. They have won record jury verdicts and settlements, including the one today.

Click here to read more. #justice #stopchildabuse #baileyglasser

Fourth Circuit Court of Appeals Upholds Ramaco Jury Verdict

The United States Court of Appeals for the Fourth Circuit has upheld a jury verdict and reinstated contract damages awarded by the jury after a three-week trial in July 2021. Two years ago, Bailey & Glasser, LLP, on behalf of Ramaco Resources, Inc., won $7.6 million in contract damages in a lawsuit against insurance companies indirectly owned by Chubb INA Holdings, Inc. The lawsuit stemmed from Chubb’s denial of insurance coverage after the collapse of a coal storage silo, which occurred at Ramaco’s Elk Creek coal complex in West Virginia on November 5, 2018.

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The United States Court of Appeals for the Fourth Circuit has upheld a jury verdict and reinstated contract damages awarded by the jury after a three-week trial in July 2021.

Two years ago, Bailey & Glasser, LLP, on behalf of Ramaco Resources, Inc., won $7.6 million in contract damages in a lawsuit against insurance companies indirectly owned by Chubb INA Holdings, Inc. The lawsuit stemmed from Chubb’s denial of insurance coverage after the collapse of a coal storage silo, which occurred at Ramaco’s Elk Creek coal complex in West Virginia on November 5, 2018.

The case was litigated in the United States District Court for the Southern District of West Virginia. The verdict included $7.6 million in compensatory damages and an additional $25 million for aggravation and inconvenience. After the jury trial was concluded, however, the district court reduced the contract damages and award of prejudgment interest believing the evidence could not support a conclusion that the critical “Period of Restoration” – during which Ramaco’s expenses and lost income were covered – could extend beyond November 30, 2018. Indeed, the district court reduced the verdict to $1.8 million in contract damages and further held that, because of the reduction, Ramaco had not “substantially prevailed” on its insurance lawsuit. As a result, the district court held that Ramaco was not entitled to any damages for aggravation and inconvenience.

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18 Public Interest Groups File Brief in Federal Appeal Supporting Title IX Challenge to Fresno State

Equal Rights Advocates and 17 other public interest groups have filed an amici brief with the 9th Circuit Court of Appeals supporting the Fresno State Title IX appeal by female student-athletes fighting for gender equality for all women athletes at the school.

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Equal Rights Advocates and 17 other public interest groups have filed an amici brief with the 9th Circuit Court of Appeals supporting the Fresno State Title IX appeal by female student-athletes fighting for gender equality for all women athletes at the school.

The brief submitted by ERA argues that the lower court’s decision – ruling that student-athletes from one team cannot file class action lawsuits on behalf of women athletes on other teams – goes against the very spirit of Title IX as Congress defined it 50 years ago, as well as decades of established Title IX legal precedent.

“We and our clients are extremely grateful that ERA and these 17 groups dedicated to gender equity are supporting this critical appeal,” said lead counsel Arthur Bryant of Bailey & Glasser, LLP, who is representing the women along with Joshua Hammack, Cary Joshi, and Lori Bullock of Bailey Glasser and Cynthia Chapman, Mike Caddell, and Amy Tabor of Caddell & Chapman.

The amici curiae joining in the brief are:

Equal Rights Advocates
American Association of University Women
American Civil Liberties Union of Northern California
American Civil Liberties Union of Rhode Island
California Women’s Law Center
End Rape On Campus
Family Violence Appellate Project
Family Violence Law Center
Legal Aid at Work
Legal Momentum, The Women’s Legal Defense and Education Fund
National Organization for Women
Public Counsel
Southwest Women’s Law Center
The Drake Group, Inc.
VOICEINSPORT
VOICEINSPORT Foundation
Women’s Law Project
Women’s Sports Foundation

Follow the link to read more about the brief submitted by the amici and to read Plaintiffs’ opening brief.

Citynet LLC and Frontier Resolve Federal Court Dispute for $17.750 Million

On behalf of our client Citynet LLC, Bailey Glasser eached a settlement with Frontier and other individual defendants, bringing the broadband whistleblower case to a final conclusion as to Citynet’s claims brought on behalf of the United States. As part of the $17,750,000 settlement with Frontier, the parties released the following statement:

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On behalf of our client Citynet LLC, Bailey Glasser eached a settlement with Frontier and other individual defendants, bringing the broadband whistleblower case to a final conclusion as to Citynet’s claims brought on behalf of the United States. As part of the $17,750,000 settlement with Frontier, the parties released the following statement:

“Citynet and Frontier Communications jointly announce that they have resolved their dispute regarding the State of West Virginia’s Obama-era BTOP grant funds, the subject of Civil Action No. 2: 14-cv-15947, which has been pending in the US District Court for the Southern District of West Virginia since 2014 and involves only matters occurring prior to that date. This settlement is comprehensive and marks an end to all the litigation and disputes involving these parties and other defendants, including claims for attorneys’ fees and costs.

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Panida Anderson Moderates Virtual Panel: “How to Find a Lawyer,” on Friday, July 21, 2023

Bailey Glasser lawyer Panida Anderson, immediate past President of the Thai American Bar Association, Panida Anderson will moderate a virtual panel called “How to Find a Lawyer,” hosted in collaboration with the Thai Embassy, the Thai American Bar Association, the Thai Community Development Center, and the Thai American Samakkee Coalition.

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Bailey Glasser lawyer Panida Anderson, immediate past President of the Thai American Bar Association, Panida Anderson will moderate a virtual panel called “How to Find a Lawyer,” hosted in collaboration with the Thai Embassy, the Thai American Bar Association, the Thai Community Development Center, and the Thai American Samakkee Coalition.

This webinar will be hosted in the Thai language and will focus on how to research and find an attorney. The virtual event will be held on Friday, July 21, 2023 at 3pm EST, featuring immigration attorneys Phatchara Udomsin and Tammy Sumontha. For more information, click here.