Author: Bailey Glasser

Title IX Sex Discrimination Case Against SDSU Moving Forward on All Counts: Equal Athletic Financial Aid, Retaliation, and Equal Treatment

Justice marches forward: U.S. District Court Judge Todd W. Robinson held yesterday that the female student-athletes suing San Diego State University (SDSU) for violating Title IX can pursue all three of their claims – for equal athletic financial aid, equal treatment, and retaliation. The decision is the first in the nation to hold that female student-athletes deprived of equal athletic financial aid can sue their schools for damages.

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Justice marches forward: U.S. District Court Judge Todd W. Robinson held yesterday that the female student-athletes suing San Diego State University (SDSU) for violating Title IX can pursue all three of their claims – for equal athletic financial aid, equal treatment, and retaliation. The decision is the first in the nation to hold that female student-athletes deprived of equal athletic financial aid can sue their schools for damages.

“This is a major step forward for women and against sex discrimination at SDSU and nationwide,” said Arthur H. Bryant of Bailey & Glasser, LLP, in Oakland, CA, lead counsel for the women. “When we filed these claims, I said SDSU seemed to be aiming for the Title IX sex discrimination trifecta. It has been cheating its female student-athletes out of hundreds of thousands of dollars in equal athletic financial aid each year. It is giving its male student-athletes far better treatment than its female student-athletes. And it blatantly retaliated against its female student-athletes for standing up for their rights. Now, it can be held accountable.”

Title IX of the Education Amendments of 1972 prohibits all educational institutions that receive federal funds, including SDSU, from discriminating on the basis of sex. It requires schools to provide male and female student-athletes with equal opportunities, athletic financial aid, and treatment, and prohibits them from retaliating against anyone for challenging sex discrimination at the school.

On November 1, 2022, the Court denied SDSU’s motion to dismiss the women’s equal treatment claims, but entered an order dismissing the equal athletic financial aid and retaliation claims unless the women provided more details to support them. The Court’s April 12, 2023, ruling allows all three claims to proceed, although it limits the ability of some of the women to pursue some of the claims. To read more click here.

The Bailey Glasser team in this matter also includes partner Joshua Hammack, who briefed and argued the Motion to Dismiss; partner Lori Bullock in our Des Moines, Iowa office; and partner and Commercial and Environmental Practice Group Leader Cary Joshi.

“This is Not Over By a Long Shot”

“This is not over by a long shot”: Bailey Glasser founding partner Brian Glasser, one of the lead lawyers in the fight to protect plaintiffs in the J&J/LTL bankruptcy, made a statement to CBS News today rejecting what appears to be extra money found in Johnson & Johnson’s company lounge “seat cushions.” J&J, one of the world’s wealthiest companies, continues to try to abuse the bankruptcy process to deny plaintiffs injured by the company’s talc products their day in court.

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“This is not over by a long shot”: Bailey Glasser founding partner Brian Glasser, one of the lead lawyers in the fight to protect plaintiffs in the J&J/LTL bankruptcy, made a statement to CBS News today rejecting what appears to be extra money found in Johnson & Johnson’s company lounge “seat cushions.” J&J, one of the world’s wealthiest companies, continues to try to abuse the bankruptcy process to deny plaintiffs injured by the company’s talc products their day in court.

Mr. Glasser’s full statement to CBS News reads:
The last time J&J tried this they told the world that $2 billion was more than enough to satisfy these claims. The $9 Billion they have offered today makes plain that the prior number was ridiculous, the prior bankruptcy filing was a scam and the entire exercise was a misuse of the bankruptcy system. The Court of Appeals agreed, and dismissed their case. An hour or so later they found $7 Billion in the company in seat cushions. But LTLs officers and directors apparently surrendered the right to get $61 Billon for this second alleged bankruptcy and for these same injuries. This is not over by a long shot. This case, too, ought to be dismissed. There is nothing that stops J&J from settling its cases outside of bankruptcy and that is what it needs to do.”

To read the CBS News story click here.

The Bailey Glasser trial team is comprised of:

Brian Glasser
Kevin W. Barrett
Robert R. Bell
Hon. Thomas B. Bennett (ret.)
Katherine E. Charonko
Cary Joshi
D. Todd Mathews
Elliott McGraw
David L. Selby II
John G. Turner, III.

Partner Mark Boyko Quoted in Law 360 and Bloomberg Law

Bailey & Glasser, LLP partner and ERISA litigator Mark Boyko was quoted in Law360 and Bloomberg Law discussing a newly-issued federal 7th Circuit Court of Appeals ruling that may be beneficial to plaintiffs who must meet certain pleading standards to successfully pursue claims against retirement plans that breach their duties to make prudent investment decisions. As told to Bloomberg Law:

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Bailey & Glasser, LLP partner and ERISA litigator Mark Boyko was quoted in Law360 and Bloomberg Law discussing a newly-issued federal 7th Circuit Court of Appeals ruling that may be beneficial to plaintiffs who must meet certain pleading standards to successfully pursue claims against retirement plans that breach their duties to make prudent investment decisions. As told to Bloomberg Law: “’That’s huge’, Boyko said, because a heightened pleading standard on a claim challenging recordkeeping fees would mean that a plan participant would have to do their own request for proposals for these services ‘long before filing their case.’ Instead, ‘it’s enough to show that other plans were able to get lower fees by taking steps plaintiffs plausibly allege the defendant could have done, and that other recordkeepers plausibly would have performed the same or comparable services for a lower price.'” Boyko and BG partner Gregory Porter are pioneers in this area and are currently litigating several cases across the country alleging employers imprudently managed the investments in their 401(k) plans.

To read the articles:

Law 360
Bloomberg Law

N.Y. Federal Judge Recommends Class Action Against Metropolitan Life Proceed

Bailey Glasser and co-counsel Robert Izard and Douglas Needham represent a pair of subclasses of Metropolitan Life Insurance Company whose pension benefits were unlawfully reduced using outdated mortality estimates. On March 20, 2023, a federal magistrate recommended that the claims proceed as a class action.

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Bailey Glasser and co-counsel Robert Izard and Douglas Needham represent a pair of subclasses of Metropolitan Life Insurance Company whose pension benefits were unlawfully reduced using outdated mortality estimates. On March 20, 2023, a federal magistrate recommended that the claims proceed as a class action.

For more about the ruling, please visit here.

We look forward to the suit moving forward, as it was originally filed in 2018.

 

BG Logo Upgrade

“The best way for us to cultivate fearlessness in our daughters and other young women is by example” – Gloria Steinem. Today’s spotlight is on budding artist Kate Johnson, who was fearless when she proposed a new “upgraded” BG firm logo concept to her dad, Bailey & Glasser, LLP partner Nick Johnson.

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“The best way for us to cultivate fearlessness in our daughters and other young women is by example” – Gloria Steinem. Today’s spotlight is on budding artist Kate Johnson, who was fearless when she proposed a new “upgraded” BG firm logo concept to her dad, Bailey & Glasser, LLP partner Nick Johnson.

Kate’s inspiration for the upgrade was the American flag, using red to represent justice and blue for truth. Kate’s favorite girl boss is Supreme Court Justice Ruth Bader Ginsburg because RBG had the courage to never take “no” for an answer. When asked what advice she would give her peers about being fearless, Kate said: “don’t worry about what other people think about you because your own opinion of yourself is all that really matters.”

Thank you for being such a wise and fearless inspiration, Kate!