Category: Appellate & Supreme Court

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.”

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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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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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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.

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Fourth Circuit Affirms Bailey Glasser’s $828K Default Judgment Win, Sanctioning Defendants Who “Sandbagged” Discovery

The U.S. Fourth Circuit Court of Appeals has affirmed Bailey & Glasser, LLP’s $828,000 default judgment win as sanctions against a group of telemarketing defendants who concealed their joint enterprise from discovery and disobeyed orders of a lower court compelling full disclosures. The BG team led by partner Sharon Iskra requested the sanction against the companies for persistently “sandbagging” discovery necessary to their client’s case.

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