Author: Bailey Glasser

Motion for Temporary Order Filed in Suit Against Johnson & Johnson

Bailey & Glasser, LLP and a group of leading law firms filed a motion to show cause why a preliminary injunction ought not issue to stop Johnson & Johnson and its subsidiaries from pursuing a new bankruptcy filing in any district other than in New Jersey, where tens of thousands of civil lawsuits are already consolidated in multidistrict litigation.

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Bailey & Glasser, LLP and a group of leading law firms filed a motion to show cause why a preliminary injunction ought not issue to stop Johnson & Johnson and its subsidiaries from pursuing a new bankruptcy filing in any district other than in New Jersey, where tens of thousands of civil lawsuits are already consolidated in multidistrict litigation.

The company recently announced the pursuit of a prepackaged bankruptcy plan to resolve talc claims in an unspecified federal court in Texas. Two previous bankruptcy filings by the company have been denied by the courts in New Jersey, where J&J is headquartered. In today’s filing, we seek a temporary restraining order on the basis that J&J is attempting to evade jurisdiction and continue to manipulate the bankruptcy process to disadvantage tens of thousands of women who developed cancer from continued use of Johnson’s products. We also seek to prevent any amendments to agreements between J&J and its subsidiaries to fund the plan without notifying the plaintiffs.

The Bailey Glasser team in this case includes founding partner Brian A. Glasser; David L. Selby II, the firm’s Mass Tort Practice Group Leader, partner D. Todd Mathews, Of Counsel Thomas B. Bennett, partner Thanos Basdekis, partner and Consumer Protection Practice Group Leader Patricia Kipnis, and Of Counsel Michael Shenkman. Other firms representing the plaintiffs in this lawsuit are Beasley Allen Crow Methvin Portis & Miles PC, Levin Papantonio Rafferty Proctor Buchanan O’Brien Barr Mougey PA; Golomb Legal; Ashcraft & Gerel LLP; and Burns Charest LLP.

On behalf of our clients, we have requested that the injunction hearing be heard at the earliest possible time.

For more please visit this link.

National Trailer Safety Week

Perhaps nothing is more nerve-wracking while traveling on the road than maneuvering around a large 18-wheeler or tractor-trailer. According to the National High Traffic Safety Administration, in 2021 there were a total of 523,796 large truck accidents in the United States.

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Perhaps nothing is more nerve-wracking while traveling on the road than maneuvering around a large 18-wheeler or tractor-trailer. According to the National High Traffic Safety Administration, in 2021 there were a total of 523,796 large truck accidents in the United States. National Trailer Safety Week is an opportunity to spread awareness of the proper use of trailers and how to minimize danger on the road when driving near tractor-trailers and other towed trailers.

Below are a few tips to remember when driving near large trucks to minimize the danger of a trucking accident:

1. Stay out of blind spots – Large trucks have huge blind spots around the front, back, and sides of the vehicle. If you cannot see the driver in the truck’s side mirrors, assume they cannot see you.

2. Pass safely and don’t cut it too close – Make sure you can see the driver in the truck’s side mirror before passing and be sure to use your vehicle’s signals.

3. Anticipate wide turns – Trucks require more turning room and may often swing wide or initiate a turn from the middle lane.

In this short video, Bailey Glasser partner, Sam Hrko, discusses how our team of Personal Injury lawyers can help you after a trucking accident. From investigating the underlying factors contributing to the accident, to protecting your rights against big trucking companies, our experienced attorneys understand the laws and regulations that apply to the trucking industry. We are known for our blue-collar work ethic and tireless effort to fight for our client’s best interests. Remember that if a disaster ever strikes you or your family, the attorneys at Bailey Glasser are here when you need us most.

To learn more about our Catastrophic Personal Injury services, visit here.

And to learn more about Sam Hrko’s personal injury experience, visit here.

#TrailerSafetyWeek #BaileyGlasser #TruckingAccidents #TractorTrailer #PersonalInjuryLawyers

Partner Travis Prince Speaking at 66th Annual WVAJ Convention

BG partner, Travis A. Prince, is speaking at the 66th Annual West Virginia Association for Justice Convention and Seminar on June 6 – 7th in Charleston, WV. On Friday, Travis will be a panelist in the session titled: “When Criminal and Civil Law Collide: Handling the Civil Case and Securing Justice for Your Client.” 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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BG partner, Travis A. Prince, is speaking at the 66th Annual West Virginia Association for Justice Convention and Seminar on June 6 – 7th in Charleston, WV. On Friday, Travis will be a panelist in the session titled: “When Criminal and Civil Law Collide: Handling the Civil Case and Securing Justice for Your Client.” 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.

Travis Prince focuses his practice on catastrophic personal injury, civil rights violations, asbestos litigation, and medical malpractice cases, including but not limited to wrongful death, misdiagnosis, delayed diagnosis, stroke, heart attack, and joint replacement. Recently, Travis represented Blake Gober, a Marine veteran wrongly accused of stealing a Hertz rental, and helped to obtain the dismissal of all felony charges against him with prejudice.

To learn more about Travis Prince, please visit here.

For more information and to register for the Annual WVAJ Convention visit here.

#WVAJ #justice #thoughtleadership

Bailey Glasser Defeats Motion to Dismiss in Schwab Managed 401(k) Action

BG secured an important win for employee participants of the Vituity and MedAmerica 401(k) retirement plan. On Friday, U.S. District Court Judge Richard Seeborg of the Northern District of California ruled on a motion to dismiss filed by CEP America and the MedAmerica Retirement & Benefits Committee, which oversees the 401(k) plan offered to employees and retirees of Vituity and MedAmerica.

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BG secured an important win for employee participants of the Vituity and MedAmerica 401(k) retirement plan. On Friday, U.S. District Court Judge Richard Seeborg of the Northern District of California ruled on a motion to dismiss filed by CEP America and the MedAmerica Retirement & Benefits Committee, which oversees the 401(k) plan offered to employees and retirees of Vituity and MedAmerica. In his ruling denying the motion in part, Judge Seeborg noted that the Complaint alleges that the fees charged by recordkeepers to other 401(k) plans “were multiples less than those charged” by Schwab.

The employees, represented by Greg Porter, BG’s ERISA Practice Group Leader, and ERISA partner Mark Boyko, allege that the Defendants violated ERISA laws by allowing millions of dollars of their retirement savings to go to Schwab’s recordkeeping arm and to MedAmerica. The Plaintiffs also alleged that Schwab’s excessive compensation included Schwab receiving benefits from the 401(k) Plan’s use of Schwab’s bank savings account.

“Employers need to understand and accept their responsibility for prudently managing 401(k) plans free from conflicts of interest and self-dealing,” Boyko said. “We look forward to pursuing this matter on its merits.”

The case is Nagy, et al., v. CEP America, LLC, et al, No. 23-cv-5648, and is pending in the Northern District of California.

BG’s award-winning ERISA, Employee Benefits & Trust Litigation practice has been ranked by Chambers & Partners in the Nationwide ERISA Litigation: Mainly Plaintiffs category. Learn more about our ERISA services here.

Greg Porter, BG’s ERISA Practice Group Leader, has also received top rankings by Chambers in Nationwide ERISA Litigation: Mainly Plaintiffs (Band One). Learn more about his practice here.

And for more on ERISA partner Mark Boyko, visit here.

#ERISA #401k #Retirement

BG Files Two New Lawsuits Against the State of Illinois on Behalf of Survivors of Sexual Assault & Abuse

Bailey Glasser has filed two new complaints on behalf of 95 men and 13 women survivors of sexual abuse against the State of Illinois, alleging that the Illinois Department of Corrections and Department of Juvenile Justice failed to protect them from sexual abuse perpetrated by adult employees at Illinois Youth Centers. As alleged in the two new complaints filed today, between 1996 and 2017, hundreds of youths were victimized in Illinois Youth Centers, most between the ages of 10 and 17.

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Bailey Glasser has filed two new complaints on behalf of 95 men and 13 women survivors of sexual abuse against the State of Illinois, alleging that the Illinois Department of Corrections and Department of Juvenile Justice failed to protect them from sexual abuse perpetrated by adult employees at Illinois Youth Centers. As alleged in the two new complaints filed today, between 1996 and 2017, hundreds of youths were victimized in Illinois Youth Centers, most between the ages of 10 and 17.

Bailey Glasser is on the forefront of lawsuits seeking justice on behalf of childhood sexual abuse survivors and has brought hundreds of similar lawsuits in the State of Maryland on behalf of survivors of abuse in its juvenile hall detention facilities.

Partner D. Todd Mathews, lead counsel on the Bailey Glasser litigation team, stated: “the systemic abuse suffered by our clients while vulnerable minors in the custody of the Illinois Department of Corrections and Department of Juvenile Justice is horrific. We now have three lawsuits representing more than 200 survivors who were intentionally targeted and abused while in state custody, which has impacted every aspect of their lives. We are impressed by our clients’ strength and tenacity in coming forward, and we’re ready to fight for these survivors in court.”

The Bailey Glasser team in this case includes D. Todd Mathews; founding partner Brian A. Glasser; partner and Mass Tort Practice Group Leader David Selby; and lawyer Samira Bode.

MEDIA REQUESTS: To schedule an interview with counsel or for other media inquiries, please contact Joe Carey at joe@careystrategiccommunications.com.

To read more about the lawsuit please visit this link.

To learn more about how we fight on behalf of survivors of sexual abuse across the country, please visit here.