Category: Commercial Litigation

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 Wins $40 Million Jury Trial in Federal Texas Court


Washington, D.C.: On March 6, 2024, a Bailey & Glasser trial team won a $40 million jury verdict in Texas federal court in a fraud case against Mark Siffin and Paul Cyphers arising out of the bankruptcy of MTE Holdings, LLC. The case is Thomas Bennett, Trustee for the MTE Litigation Trust v. Mark Siffin et al., U.S. District Court for the Western District of Texas, 7:21-cv-00214-DC-RCG. 

The Bailey Glasser trial team consisted of partners Robert Bell, Cary Joshi, Elliott McGraw, and John Turner, along with paralegal Manny Rios.

Bailey Glasser’s client, the Trustee of the MTE Litigation Trust, asserted fraud and breach of fiduciary duty claims against certain officers of MTE Holdings, LLC and their affiliated company MDC Energy LLC, an oil and gas exploration and production company headquartered in Midland, Texas. The beneficiaries of the trust are a group of financial institutions that had lent almost half a billion dollars to MTE Holdings before MTE filed for bankruptcy in October 2019. The group of lenders sued the individual officers of MTE for intentionally misrepresenting the financial health of the company in order to continue to draw on the loan.

After deliberating for just two hours, the jury awarded the plaintiff $40 million, finding both Mr. Siffin and Mr. Cyphers liable for fraud.

“The plaintiff’s interests have been vindicated,” said Cary Joshi, counsel for the MTE Litigation Trust. “Our client knew they had been defrauded and the jury knew it, too.”

Litigator Elliott McGraw Elevated to Partner


Bailey Glasser is pleased to announce that Washington, D.C. litigator Elliott McGraw has been elevated to partner effective January 2024.

“Congratulations to Elliott on her much-deserved promotion to partner at Bailey Glasser,” said Cary Joshi, Commercial & Environmental Litigation Practice Group Leader. “Elliott’s tenacity and strategic skills as a litigator are exceptionally valuable to our clients as she handles some of our most complicated matters.”

Elliott is a member of the Commercial & Environmental Litigation Practice Group, where she focuses her practice on complex commercial disputes in state and federal courts across the country and represents institutional investors and asset managers, as both plaintiffs and defendants, in contract and tort-based claims arising from financial fraud, accounting malpractice, and corporate malfeasance. Elliott has an extensive privacy and data protection background and was named a Best Lawyers Ones to Watch in Privacy and Data Security Law in Washington, D.C. in 2024.

Elliott commented: “I love practicing law with Bailey Glasser and I’m very excited about the additional opportunities to contribute to this world class group of litigators and our fantastic clients as a partner.”

Bailey Glasser’s Commercial & Environmental Litigation practice has a proven track record of successfully handling national high-stakes litigation in state and federal courts and before arbitrators and mediators across the country. We represent businesses in many industries and of all sizes from Fortune 500 companies to family offices, individuals, governmental entities, government servants, and even other law firms call upon us to lead bet-the-company litigation and parachute into cases and appeals when our deep experience and resources are necessary.

Elliott is a vital team member in some of our most complex matters. Notably, she was a member of the Bailey Glasser team that served as co-lead trial counsel representing the Official Committee of Talc Plaintiffs in its high-profile challenge against Johnson & Johnson’s “Texas Two Step” bankruptcy ploy to offset the liability of 38,000 lawsuits related to the company’s alleged cancer-causing baby powder. She has also contributed her time to litigating cases on behalf of women athletes in Title IX sex discrimination cases against universities across the country. Elliott’s experience also includes advising organizational and individual clients navigating government or internal investigations and has represented clients in front of Congressional committees, including the 2019 Impeachment Inquiry into then-President Donald Trump.

To learn more about Elliott’s experience please visit this link.

Federal Law Clerk Joins Morgantown, WV Office

Bailey & Glasser, LLP welcomes lawyer Gabrielle Marcum to our Morgantown, WV office. Gabrielle has joined our national Commercial & Environmental Litigation Practice Group, where she will represent a diverse range of business interests and industries – from solo entrepreneurs to multi-national corporations – in state and federal courts nationwide.

Gabrielle brings valuable courtroom and legal writing experience, having completed two prestigious federal court clerkships in the U.S. District Court for the Northern District of West Virginia.

As a West Virginia University College of Law graduate, Gabrielle was an Executive Editor of the WVU Law Review and President of the Women’s Leadership Council. She was also a student clinician in the Child and Family Advocacy Clinic, providing vital legal services to children and families of limited income in custody matters, education advocacy, and accessing healthcare resources.

Gabrielle returns to Bailey Glasser after previously serving as a summer associate at the firm in 2019 and we are excited to welcome her back to our Morgantown office.

Learn more about Gabrielle Marcum here.

#BaileyGlasser #CommercialLitigation #Welcome

BG Team Wins $19.96 Million Judgment on Behalf of Wildcat Coal, LLC

On October 12, 2023, Bailey Glasser prevailed in a lease royalty dispute on behalf of our client Wildcat Coal, LLC, obtaining a judgment of nearly $20 million. This dispute involved calculation of advance royalties in a coal mining lease. The judgment was issued by Judge Freudenthal of the United States District Court for the District of Wyoming.

The defendant, Bridger Coal Company, argued that it did not owe Wildcat any advance royalties despite a provision of the mining lease that obligated Bridger to mine at least 45% of its coal from Wildcat’s properties.

“We are glad that Wildcat will receive the advance royalties that Bridger agreed to pay under the lease,” said Bailey Glasser founding partner Brian Glasser, lead counsel in this case.

In addition to Mr. Glasser, the Bailey Glasser team included partners Leslie Brueckner, Jennifer Fahey, and Ben Schwartzman.

The Order granting judgment can be viewed 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.

42 Bailey Glasser Lawyers Named To The Best Lawyers in America & Best Lawyers: Ones To Watch 2024 Guides

Today we announce that 42 Bailey Glasser lawyers have been recognized across various categories (including one as a “Lawyer of the Year”) in the 30th edition of The Best Lawyers in America® and the fourth edition of Best Lawyers: Ones to Watch in America®.

“Lawyer of the Year” honors are awarded annually to only one lawyer per practice area in each region with extremely high overall feedback from their peers, making it an exceptional distinction.

For more, 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.

Citynet LLC and Frontier Resolve Federal Court Dispute for $17.750 Million

On behalf of our client Citynet LLC, Bailey Glasser eached a settlement with Frontier and other individual defendants, bringing the broadband whistleblower case to a final conclusion as to Citynet’s claims brought on behalf of the United States. As part of the $17,750,000 settlement with Frontier, the parties released the following statement:

“Citynet and Frontier Communications jointly announce that they have resolved their dispute regarding the State of West Virginia’s Obama-era BTOP grant funds, the subject of Civil Action No. 2: 14-cv-15947, which has been pending in the US District Court for the Southern District of West Virginia since 2014 and involves only matters occurring prior to that date. This settlement is comprehensive and marks an end to all the litigation and disputes involving these parties and other defendants, including claims for attorneys’ fees and costs.

Read more.

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.

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