Category: Class and collective actions

Bailey Glasser Announces New Leadership For Consumer Litigation and Corporate Practice Groups

Bailey & Glasser, LLP is pleased to announce the appointment of two longstanding firm partners to lead its national Corporate and Consumer Litigation practice groups. Jonathan S. Deem is the new Practice Group Leader of Bailey Glasser’s Corporate Group, and Patricia Mulvoy Kipnis our new Consumer Litigation Practice Group Leader.

Jonathan Deem is a partner in the firm’s Washington, D.C. office, where he leads the nationwide corporate team that handles mergers and acquisitions, financial services, corporate finance, tax, and entrepreneurial transactions, including venture capital. Among numerous recognitions, Chambers USA has recognized Jonathan since 2019, with one client stating that “Jonathan is the best I have ever worked with.” The Corporate Practice Group and lawyers on the team are also recognized by Chambers USA and the U.S. News and World Report’s “Best Lawyers” and “Best Law Firm in America.”

Patricia Kipnis is a partner in the firm’s New Jersey and Philadelphia offices where she leads the Consumer Litigation Practice Group. Ms. Kipnis is one of the firm’s leaders in challenging “Pay-to-Pay” and other “junk fees” imposed on consumers by mortgage servicers and other debt collectors through class action litigation in courts nationwide. The consumer litigation team has won several impactful cases, including lawsuits against major corporations such as Uber, Quicken, DISH Network, and mortgage servicers. Ms. Kipnis is also a Lecturer in Law at the University of Pennsylvania Carey Law School, and formerly taught at the Rutgers School of Law – Camden.

The new practice group leader appointments highlight Bailey Glasser’s emphasis on experienced leadership and collaborative teams. Read the full announcement and learn more about Jonathan Deem and Patricia Kipnis here.
#ConsumerLaw #CorporateLaw #FirmLeadership

Four Legal Services Agencies Designated Cy Pres Award Recipients in Mortgage Class Action Settlement

Bailey & Glasser, LLP is pleased to announce that four legal service organizations across Pennsylvania have been designated recipients of $21,228.93 each in cy pres awards from the mortgage class action settlement in Dutcher v. Shellpoint. The organizations, the Community Legal Services of Philadelphia, MidPenn Legal Services, Legal Aid of Southeastern Pennsylvania, and the North Penn Legal Services, all assist indigent Pennsylvanians facing housing insecurity.

Cy pres awards allow for the distribution of leftover funds from a lawsuit settlement to be disbursed to charitable organizations whose missions generally align with the purpose of the lawsuit. Attorney Larry Lederer is “delighted that the court approved the distribution of unclaimed money from the settlement to these legal aid organizations, each of which has helped thousands of families with critical legal issues such as avoiding evictions and foreclosures or gaining access to SNAP and disability benefits. These services are vital to the public and an important aspect of the legal community.”

Debby Freedman, Executive Director of the CLS, expressed their gratitude for the award. “Because of your commitment to justice, CLS can continue to help struggling Philadelphians when they face urgent crises that threaten their homes, jobs, and families. Your strong support has fueled this work and allowed us to respond to new challenges for our clients and communities.”

Bailey Glasser Awarded Top Rankings in Chambers USA 2023 and Achieves Nationwide Rankings in ERISA and Product Liability Litigation

Thank you to Chambers & Partners for our 2023 rankings, which includes two brand-new nationwide practice group rankings in the ERISA plaintiffs and Product Liability litigation categories. Having our lawyers and practice groups recognized by Chambers reflects how much we care about our clients and how hard we work to achieve successful outcomes for them.

We are grateful to all the clients and counsel (co-counsel as well as referring counsel) who took the time to participate in the process. Your time is valuable and we take that seriously. We appreciate you.

For a detailed overview of this year’s rankings, please visit here.

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.

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. 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.

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!

Mike Murphy Quoted in the National Law Journal About Facebook Effort “To Squeeze Every Penny Out Of Every Eyeball”

Bailey & Glasser, LLP partner Michael Murphy was quoted in the National Law Journal about his work in helping lead the new wave of litigation related to privacy law concerns, particularly related to how Facebook identifies users and tracks them across the Internet with a user ID number, and how this intersects with the Video Privacy Protection Act. As stated in the article titled: “Privacy Law Sparks New Litigation Wave Over Undisclosed Data Sharing”: “Murphy has a warning: ‘If you’re going to bind the consumer, at least give them a fair disclosure and not pretend these tracking tools are used to ‘enhance’ the user’s experience instead of an effort to squeeze every penny out of every eyeball.’”

To read the full article visit here.

3M Can’t Shield Itself From Liability Using Bankruptcy Proceedings

In a significant win for U.S. veterans across the country, a United States bankruptcy judge in Indiana refused to support 3M Co.’s attempt to temporarily stop more than 230,000 lawsuits related to 3M’s defective earplugs from moving forward. These lawsuits accuse 3M and its bankrupt subsidiary, Aearo Technologies LLC, of selling faulty combat earplugs that damaged the hearing of veterans who used them.

Last month, 3M attempted to assign all their liabilities related to the Combat Ear Plug litigation to Aearo Technologies, and then, in a matter of days, placed the subsidiary into bankruptcy and sought a stay of all proceedings as to 3M while the bankruptcy progressed.

This sham tactic is an attempt to use insolvency proceedings as a way to impede jury trials related to their defective earplug products. Read on …

Bailey Glasser Fights for 38,000 Talc Plaintiffs in JNJ/LTL “Texas Two Step” Bankruptcy Proceeding

Bailey Glasser was selected by the Official Committee of Talc Plaintiffs to co-lead the challenge to Johnson & Johnson’s “Texas Two Step” that denied 38,000 victims of its cancer-causing talcum powder to a jury trial. Johnson & Johnson – one of the world’s wealthiest companies, worth more than half a trillion dollars – created a subsidiary business for the express purpose of claiming bankruptcy in order to deny justice to 38,000 victims of J&J’s cancer-causing talcum powder products. The case is now underway in U.S. Bankruptcy Court in the District of New Jersey, and an appeal to the Motion to Dismiss is pending before the United States Circuit Court for the Third Circuit.

For a larger roundup of news articles about this important matter, please visit here.

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