Author: Bailey Glasser

Partner Mark Boyko Quoted in Law360 on Significant Decision Denying Arbitration in Favor of ERISA Plaintiffs

Mark Boyko, partner and member of the Bailey Glasser ERISA practice group, was interviewed by Law360 on the biggest ERISA decisions so far in 2023. Boyko noted Harrison v. Envision Management Holding Inc. Board et al., a decision by the U.S. Court of Appeals for the Tenth Circuit, will have a far-reaching impact in protecting workers from abusive arbitration provisions designed to undermine their rights under ERISA.

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Mark Boyko, partner and member of the Bailey Glasser ERISA practice group, was interviewed by Law360 on the biggest ERISA decisions so far in 2023. Boyko noted Harrison v. Envision Management Holding Inc. Board et al., a decision by the U.S. Court of Appeals for the Tenth Circuit, will have a far-reaching impact in protecting workers from abusive arbitration provisions designed to undermine their rights under ERISA.

In the interview with Law360, Mark Boyko said, “[The Tenth Circuit’s ruling] affirms the notion that a plan’s arbitration provision that waives a participant’s right to seek planwide relief is inconsistent with ERISA’s statutory right for that participant to obtain that same relief.” Boyko added that the decision “preserves the status quo by holding that the remedy limitation cannot be severed from the arbitration provision.”

The ruling has already been cited as ‘persuasive’ outside the Tenth Circuit, a sign of its importance in this developing area of law. #ERISA #Arbitration #ClassActions #BaileyGlasser

Read the full Law360 article here.

BG Team Led By Brian Glasser Helps Dismiss Improperly Filed Mass Tort Bankruptcy By 3M Subsidiary Aearo Technologies

In a win for injured soldiers, a federal judge on Friday dismissed the bankruptcy of 3M subsidiary Aearo Technologies, which was attempting to use its protections to permanently resolve 260,000 lawsuits alleging that 3M military earplugs caused hearing loss for veterans and U.S. service members.

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In a win for injured soldiers, a federal judge on Friday dismissed the bankruptcy of 3M subsidiary Aearo Technologies, which was attempting to use its protections to permanently resolve 260,000 lawsuits alleging that 3M military earplugs caused hearing loss for veterans and U.S. service members. This new ruling upends 3M’s litigation strategy to resolve mass tort claims in bankruptcy, which would have circumvented the ability of plaintiffs to have their cases heard by a jury of their peers as guaranteed by the U.S. Constitution. Brian Glasser and Bailey & Glasser, LLP helped get this mass tort bankruptcy dismissed.

“The soldiers who used 3M earplugs deserve to the chance to hold 3M accountable before a jury of their peers,” said founding partner Brian Glasser. “3M and Aearo have no special right to put veterans in a bankruptcy box, and now can face these claims in front of juries around the nation.”

Additional Bailey Glasser lawyers working on this matter include partners Cary Joshi, David Selby, Katherine E. Charonko, and Todd Mathews.

For more information, please visit here.

Partner Larry Lederer Named to Lawdragon Top 500 Plaintiff Financial Lawyers for Fifth Straight Year

Bailey Glasser is delighted that Philadelphia partner Lawrence J. Lederer has once again been included on Lawdragon’s 2023 “500 Leading Plaintiff Financial Lawyers” list. This is the fifth straight year Larry has received this accolade, a testament to how much he cares about his clients, the hard work he puts into their cases, and the results he achieves on their behalf.

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Bailey Glasser is delighted that Philadelphia partner Lawrence J. Lederer has once again been included on Lawdragon’s 2023 “500 Leading Plaintiff Financial Lawyers” list. This is the fifth straight year Larry has received this accolade, a testament to how much he cares about his clients, the hard work he puts into their cases, and the results he achieves on their behalf.

Larry has extensive experience litigating securities, commercial, and 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 mortgage lending and finance, telemarketing, and PPP loans.

This recognition is especially prestigious as the 500 lawyers were selected through Lawdragon’s “well-honed methodology combining journalistic research, robust nominations and vetting with experts.” Larry, congratulations on this recognition!

Partners Kate Charonko and Sharon Iskra Speak at WVAJ Statewide Conference

Partners Katherine E. Charonko and Sharon Iskra spoke at the 65th Annual West Virginia Association for Justice Convention and Seminar on June 1-2nd in Charleston, WV. 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.

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Partners Katherine E. Charonko and Sharon Iskra spoke at the 65th Annual West Virginia Association for Justice Convention and Seminar on June 1-2nd in Charleston, WV. 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.

Kate Charonko, the head of our ESI & Technology practice group, was a panelist in the session titled “Electronic Information Technology: E-Discovery Planning, Data Collection, Production, Authentication, and Other Information to Get What You Need & Build Your Case.” Sharon Iskra, who heads Bailey Glasser’s Institutional Abuse & Neglect team was a panelist in the session titled “Human Rights Law: The Hot Topics and Trends You Need to Know.”

BG Files in Federal Court to Confirm Collection Rights on $5 Million Award Against MyPillow CEO

Bailey Glasser has filed a federal court petition to confirm their client Robert Zeidman’s $5 million arbitration award against MyPillow CEO Mike Lindell after Mr. Zeidman won the “Prove Mike Wrong” Challenge. “Mr. Lindell’s baseless claims of election fraud have caused immeasurable damage to our country and have been soundly debunked. It’s time for him to pay the judgment,” said BG partner Brian Glasser, leading the team representing Mr. Zeidman.

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Bailey Glasser has filed a federal court petition to confirm their client Robert Zeidman’s $5 million arbitration award against MyPillow CEO Mike Lindell after Mr. Zeidman won the “Prove Mike Wrong” Challenge. “Mr. Lindell’s baseless claims of election fraud have caused immeasurable damage to our country and have been soundly debunked. It’s time for him to pay the judgment,” said BG partner Brian Glasser, leading the team representing Mr. Zeidman.

In the “Prove Mike Wrong” challenge, Lindell offered $5 million to anyone who could prove data he claimed shows China interfered in the 2020 presidential election was inaccurate. Mr. Zeidman did so, and a three-judge arbitration panel concluded on April 19, 2023 that he definitively won the “Prove Mike Wrong” contest and that “failure to pay Mr. Zeidman the $5 million prize was a breach of the contract, entitling him to recovery.”

Payment was due within 30 days of the arbitration award, but Lindell has made no payment to date. In the petition, BG partners Brian Glasser, Lori Bullock, and Cary Joshi ask the court to confirm the arbitration award and compel Lindell to pay the judgment. Read more here.
#arbitration #justice #BaileyGlasser