Category: Appellate & Supreme Court

BG Wins Writ of Prohibition Before State of West Virginia Supreme Court of Appeals

A Bailey Glasser litigation team composed of founding partner Ben Bailey and lawyer Christopher Smith succeeded in obtaining a writ of prohibition from the State of West Virginia Supreme Court of Appeals on behalf of our client, Pachira Energy.

In this action for extraordinary relief, Pachira sought a writ of prohibition to prevent the Circuit Court of Monongalia County from a January 2023 order by that court which ordered disassociation of a partnership even though no party to the litigation sought disassociation in the underlying litigation. The underlying litigation involved the requested dissolution and winding up of a partnership under the West Virginia Revised Uniform Partnership Act. However, instead of ordering this dissolution, the circuit court disassociated Pachira from the partnership, effectively kicking it out of the partnership while allowing the partnership to continue operating.

In recognizing that “extraordinary remedies are reserved for ‘really extraordinary causes,’ the appellate court found for our client and determined that: “[a]fter a careful review of the parties’ arguments, the record before this Court and the applicable law, we conclude that the circuit court committed a clear legal error in ordering dissociation when that relief was not requested by either party. Accordingly, we grant the petition for writ of prohibition, vacate the order dissociating Pachira from the water system association, and remand this case to the circuit court for further proceedings.”

Obtaining relief of this nature is rare, but our litigators felt was warranted in this particular case. The case is now back before the Circuit Court for additional litigation. To read the Court’s Memorandum Decision, please visit here.

Sharon Iskra Argues Case Before Supreme Court of Appeals of West Virginia

On April 17, BG partner and Institutional Abuse and Neglect team leader Sharon Iskra argued before the Supreme Court of Appeals of West Virginia in support of a $3.5 million jury verdict rendered against a residential care facility on behalf of two developmentally disabled individuals who had been abused as children.

As April is Child Abuse Prevention Month as well as Sexual Assault Awareness Month, Sharon was proud to argue on behalf of her clients before the Supreme Court of Appeals of West Virginia.

To learn more about Sharon and her work, visit this link.

To learn more about the work of Bailey Glasser on behalf of the survivors of sexual abuse, visit here.

Brian Glasser Named a Top 200 Lawyer in America by Forbes

Bailey Glasser founding partner Brian Glasser has been named one of “America’s Top 200 Lawyers” by Forbes in its first-ever elite lawyer list.

Forbes described its criteria as follows: “[t]he elite lawyers on this list were selected through a rigorous, multi-stage process of researching, evaluating and rating thousands of candidates, conducted by an editorial team with broad experience in law practice and the legal marketplace. The result is a collection of top lawyers involved in the most consequential cases, deals or legal trends in recent years . . . . they all share reputations for integrity, records of excellence—and Forbes’ recognition as the best in the business. What follows is a power list of lawyers whose skill, passion and purpose set them apart—for when you or your business need it most.”

In the last two years alone, Brian won a $5 million award against MyPillow CEO and election conspiracist Michael Lindell; helped lead the challenge to Johnson & Johnson’s “Texas Two Step” bankruptcy maneuver on behalf of people injured by J&J’s asbestos-riddled talc products; helped win dismissal of the bankruptcy of 3M subsidiary Aearo Technologies by a federal judge which thereafter resulted in the $6 billion settlement of more than 260,000 lawsuits brought by veterans and U.S. service members alleging that 3M military earplugs caused their hearing loss; and has won tens of millions of dollars for his clients in other lawsuits. He has also led the filing of hundreds of lawsuits on behalf of people abused as minors by the State of Maryland’s juvenile hall facilities via a new law passed in October 2023 that permitted previously time-barred claims by abuse survivors.

Read more here.

BG Files Amicus Brief on Behalf of Military Veterans

Bailey Glasser filed an amicus brief supporting military families opposing arbitration sought by Citibank in the case Pablo Espin v. Citibank, N.A., currently pending before the United States Court of Appeals for the Fourth Circuit. The Amici Curiae represented are the National Guard of the United States, the Military Officers Association of America, and the Reserve Organization of America. This case involves a proposed class of military members who are arguing that Citibank cannot force them to arbitrate claims the bank overcharged credit card fees, arguing federal laws on military-member lending negate arbitration agreements.

ERISA Practice Group Leader and former veteran Greg Porter stated: “We are proud to support military families in opposing Citibank’s efforts to force their claims into arbitration. As a veteran who served overseas, I understand the challenges that military families face when members are serving outside the country.”

Greg served four years in the United States Army, including 18 months on the demilitarized zone in Korea where he was part of the Joint Security Area forces in Pan Mun Jom. We thank Greg and all veterans for their service.

To learn more about Greg Porter visit this link.

To learn more about our ERISA and ESOP practice visit this link.

BG ESOP Lawsuit Noted in New York Times Article

The New York Times reported on a lawsuit filed by Bailey Glasser. The article, titled “He Grew Up in the Shadow of the ‘Wolf of Wall Street.’ Then He Got Into Debt Settlement” (Saturday, February 10, 2024), details a debt settlement operation run by Ryan Sasson (the stepson of Stephen Drescher, a close associate of Jordan Belfort, the self-proclaimed “Wolf of Wall Street”) across several states and involving various entities and law firms – and even shoe designer Steve Madden – now facing serious civil fraud changes brought by the Consumer Financial Protection Bureau and the attorneys general of New York, Colorado, Delaware, Illinois, Minnesota, North Carolina and Wisconsin.

To cash out his stake in the company before the regulators pounced, Sasson sold the company to “to its employees, through a financial transaction known as an ESOP (Employee Stock Ownership Plan). The deal valued the company at $242 million. Mr. Sasson described the transaction as something of a gift to the employees — ‘our Strategic family,’ he called them — who had built the company. Mr. Sasson had, effectively, cashed out. His employees now owed 100 percent of Strategic.”

Bailey Glasser’s highly experienced ESOP team filed a lawsuit challenging the fair market value of the $242 million ESOP transaction, which the Times linked to in its article. In 2019, the ESOP trust allowed Sasson and others to reap an additional $104.5 million from the ESOP, supposedly because the company met certain targets. Sasson and the other defendants are trying to move the lawsuit to a secret arbitration proceeding and limit the damages to a fraction of the excess money paid to Sasson and others. A decision from the Second Circuit Court of Appeals on that issue is forthcoming.

Our award-winning and nationally ranked ERISA/ESOP team has deep experience in handling matters such as the one described by the New York Time article and has recovered hundreds of millions of dollars on behalf of employees and retirees. To learn more about our ERISA group visit here.

To read the New York Time article, visit here

Federal Appeals Court Vacates District Court Decision in Fresno State Title IX Case, Opens Door for All-Female-Student-Athlete Class Action

In an important appellate victory for six former members of the women’s lacrosse team at Fresno State, the U.S. Court of Appeals for the Ninth Circuit vacated the district court’s orders denying class certification, paving the way for the lawsuit to continue on behalf of all female student-athletes at the university.

First filed in 2021, the lawsuit alleged Fresno State violated Title IX by depriving women of equal opportunities to participate in varsity athletics and equal treatment and benefits. In February 2022, the women sought certification as a class action on behalf of all female student-athletes and/or potential athletes at the school. However, the district court twice denied certification, finding an inherent conflict between athletes who played on different teams.

The Ninth Circuit disagreed, finding the lower court “clearly erred” by holding such a conflict exists as to the equal opportunities claim. The court reached a similar conclusion as to the equal treatment claim, holding the district court erred by failing to analyze it separately.

“Today, the Ninth Circuit opened a door the district court twice tried to slam shut. In a real sense, this order vindicates the brave young women who stood up and demanded that Fresno State provide what Title IX promises—equality,” said BG partner Joshua I. Hammack, who briefed and argued the appeal. “The court confirmed that those who seek equality are not in conflict with those who stand to benefit from it. The fight isn’t over, of course, but today is an important step toward justice.”

In addition to Hammack, the Plaintiffs are represented by lead counsel and Title IX team leader Arthur Bryant, and partners Cary Joshi and Lori Bullock of Bailey Glasser, and Cynthia Chapman, Mike Caddell, and Amy Tabor of Caddell & Chapman.

To read the full press release and Ninth Circuit opinion, please visit here.

BG Victory in Sixth Circuit Stands as U.S. Supreme Court Denies Certiorari

On October 2, 2023, Joshua Hammack, Nick Johnson, and Chris Smith continued their string of litigation wins on behalf of Foresight Coal Sales. For years, Foresight has argued a Kentucky law—SB 257—violates the Constitution by discriminating against interstate commerce. In February 2023, the U.S. Court of Appeals for the Sixth Circuit ruled that Foresight’s constitutional claim was likely to succeed. Put simply, it held Kentucky could not “have its cake and eat it, too.”

Kentucky filed a petition for certiorari, asking the Supreme Court of the United States to review the Sixth Circuit’s decision. To show Kentucky’s arguments were wrong, the Bailey Glasser appellate team turned to a timeless classic: Animal Farm. (This one is worth a read!) On Monday, the Supreme Court denied Kentucky’s petition for certiorari.

For more please follow this link.

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.

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. T

For more please visit here.

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.

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.

Bailey Glasser’s Precedential Appellate Victory Against “Sandbagging, Disbarred Attorney” Profiled in Law360

Law360 profiles a win by Bailey & Glasser, LLP before the United States Court of Appeals for the Fourth Circuit. The article, “‘Sandbagging’ Sinks Disbarred Atty’s Appeal Of Sanctions” details the case and appeal, which affirmed an $828,000 default judgment as sanctions against a disbarred attorney-turned-telemarketing defendant and his cohorts who concealed key discovery and disobeyed court orders.

Bailey Glasser partner Sharon Iskra originally filed the lawsuit on behalf of Diana Mey in 2019 in the Northern District of West Virginia after Ms. Mey received a flood of unwanted telemarketing phone calls concerning debt relief. The suit alleged violations of the Telephone Consumer Protection Act (TCPA) and West Virginia Consumer Credit and Protection Act (WVCCPA) for illegally contacting Ms. Mey despite her registration on the national “Do Not Call” phone list and her repeated requests that the calls stop.

During the three years of ensuing litigation, Iskra uncovered that the defendants not only evaded discovery concerning their joint enterprise but had actively concealed over 15 shared companies, some of which had been formed while discovery was in progress. The district court agreed that the defendants had engaged in a “pattern of concealing discoverable material” and repeatedly balked at orders, resulting in the court sanctioning them with the default judgment in April 2022.

Bailey Glasser attorney Benjamin Hogan skillfully defended the award before the Fourth Circuit. In a unanimous, published opinion, the three-judge panel affirmed default judgment as an appropriate sanction for Defendants’ “relentless sandbagging and failure to disclose discoverable materials.”

Read the full Law360 article here, and to learn more about this case and read the opinion visit our website.

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