Category: Commercial Litigation

BG Trial Team Named Law360 “Legal Lions of the Week” for Victory Against Johnson & Johnson

A Bailey Glasser trial team was chosen by preeminent legal publication Law360 as one of its “Legal Lions of the Week” following a major win against Johnson & Johnson after a two-week trial before the U.S. Bankruptcy Court in Houston.

As set forth in Law360:

Meanwhile, in Texas, the Coalition of Counsel for Justice for Talc Claimants is celebrating after a bankruptcy judge shot down Johnson & Johnson’s third attempt to use Chapter 11 to settle thousands of claims that its products caused cancer.

Judge Christopher M. Lopez tossed the roughly $9 billion bankruptcy deal on Monday, citing voting irregularities before J&J unit Red River Talc’s bankruptcy filing. In his decision, Judge Lopez said Red River misapplied its vote-counting procedures in an attempt to lock down a deal that would have used nonconsensual liability waivers to insulate itself, J&J and others from being held liable for talc claims.

The Coalition of Counsel for Justice for Talc Claimants is represented by Nicholas R. Lawson and Avi Moshenberg of Lawson & Moshenberg PLLC, Melanie L. Cyganowski, Adam C. Silverstein, Sunni P. Beville, David A. Castleman and Jennifer S. Feeney of Otterbourg PC, and Brian A. Glasser, Thomas B. Bennett, David L. Selby II, Jonathan Gold, Katherine E. Charonko and Elizabeth L. Stryker of Bailey & Glasser LLP.

Additional members of the firm’s litigation team included partner Joshua Hammack, and Of Counsel Michael Shenkman.

The case is In re: Red River Talc LLC, Case Number 4:24-bk-90505, in the U.S. Bankruptcy Court for the Southern District of Texas.

To learn more about this case, please visit this link.

BG Lawyers Named to 2025 Lawdragon 500 Leading Plaintiff Consumers Lawyers List

Nine outstanding Bailey Glasser partners have been named to the 2025 Lawdragon 500 Leading Plaintiff Consumer Lawyers list, which recognizes lawyers fighting for justice in consumer litigation across the country.

Congratulations to:
• Brian Glasser: BG Founding Partner
• Katherine E. Charonko: ESI Practice Group Leader
• Joshua Hammack: Partner, Commercial & Environmental Litigation Practice Group
• James Kauffman: Partner, Consumer Litigation Practice Group
• Patricia Kipnis: Consumer Litigation Practice Group Leader
• Jonathan Marshall: Contingent Practice Area Leader
• Todd Mathews: Partner, Mass Torts Practice Group
• Michael Murphy: Partner, Contingent Practice Area
• David Selby II: Mass Torts Practice Group Leader

As stated by Lawdragon: “[W]e’re so proud to present this amazing collection of coast-to-coast champions who dedicate their lives to helping people going through the hardest moments of their lives.”

From standing up for survivors of sexual abuse, battling corporate giants in complex mass tort litigation, to advocating for consumer rights against unfair fees, and supporting complex class actions through cutting-edge e-Discovery practices, these Bailey Glasser lawyers are relentless in their pursuit of justice.

We applaud all the lawyers who made this list and we thank Lawdragon for the recognition. To learn more about the BG lawyers recognized, visit here.

For more about this recognition visit Lawdragon’s 500 Leading Plaintiff Consumer Lawyers list here.

#BaileyGlasser #Lawdragon #LeadingPlaintiffConsumerLawyers #ConsumerProtection #Litigators #MassTorts #ClassActions #EDiscovery

Bailey Glasser Announces Three New Partner Elevations for 2025

Bailey Glasser is proud to announce the elevation of three outstanding litigators to partner in 2025: Tony L. Clackler, Sallie Gilbert, and Christopher D. Smith.

• Tony L. Clackler (Electronically Stored Information Practice): A leader in consumer rights, class actions, and complex litigation, Tony is also our Chief Information Security Officer and a certified privacy professional. Learn more about Tony Clackler here.

• Sallie Gilbert (Commercial & Environmental Litigation Practice): With a strategic approach to high-stakes litigation, Sallie is a rising star in construction, energy, and environmental law. Sallie also helps to run our firm’s Associate Development program. Learn more about Sallie Gilbert here.

• Christopher D. Smith (Civil Defense Practice): One of Bailey Glasser’s not-so-secret litigation weapons with first-class writing and courtroom skills, Chris excels at trial and appellate advocacy across multiple industries. Chris has also played an integral role in BG’s Summer Associate program. Learn more about Christopher Smith here.

From trials to appellate courts nationwide, complex product liability litigation to energy law, these attorneys embody the strength and skill that define Bailey Glasser.

In a joint statement issued by Practice Area Leaders Nicholas Johnson and Jonathan Marshall, as well as Practice Group Leaders Cary Joshi, Becky Pomeroy, and Kate Charonko:
“We’re proud to elevate three lawyers with exceptional skills and tenacity to partner at Bailey Glasser. Over the last 25 years, our clients expect – and get – the best and the brightest when it comes to litigators on their cases. Our lawyers aren’t scared to go to trial and these three lawyers are proof positive of this. We applaud their accomplishments and welcome them warmly in their new roles.”

Join us in celebrating Tony, Sallie, and Chris on this well-earned achievement. To read our full 2025 partner elevation announcement, visit here.
#BaileyGlasser #Litigation #NewPartners #ESI #CivilDefense #CommercialLitigation #Welldone

BG Wins Appeal in Dismissal of Negligence Lawsuit for Client APCo

A Bailey Glasser litigation team won an appeal before the Intermediate Court of Appeals of West Virginia on behalf of our client Appalachian Power Company (“APCo”). The team in this case included partner and lead counsel Brian Swiger, partner and Civil Defense Practice Group Leader Rebecca Pomeroy, and lawyers Christopher Smith and Savanna Jones.

In this case, our client was accused of playing a role related to a motorcycle accident that occurred on Route 75 in West Virginia. After discovery concluded, our client won summary judgment because we proved, and the lower trial court correctly held, that APCo could not be liable for failing to maintain a driveway that it did not build, use, or own.

Indeed, all parties had admitted on appeal, that they had no evidence that APCo owned, maintained, used, or otherwise conducted any activities on the access road.

The Intermediate Court of Appeals of West Virginia agreed and found that the petitioners’ negligence claims failed as a matter of law.

Learn more about this matter and the BG Team, visit here.

#Energylaw #litigation #WestVirginia #Appeals #CivilDefense #BaileyGlasser

BG Team Wins Appeal in Lawsuit Against Lloyd’s of London

A BG litigation team won an appeal before the Commonwealth of Kentucky Court of Appeals on behalf of our client, Mega Highwall Mining, against insurer Lloyd’s of London. The team was comprised of partner and Practice Area Leader Nicholas Johnson; partners Joshua Hammack and Travis Prince; and lawyers Savanna Jones and Christopher Smith.

In 2021, the firm’s client, Mega Highwall Mining, LLC, procured an expensive property insurance policy to cover its highwall mining equipment. In April 2021, the mountain fell in on the mining equipment worth millions of dollars, forever entombing it in the earth. Mega made a claim to Lloyd’s, but Lloyd’s denied the claim, alleging that Mega had abandoned the mining equipment. After the conclusion of discovery, both sides moved for summary judgment. The trial court granted summary judgment to Lloyd’s of London, finding that the abandonment exclusion applied to the physical loss and thus precluded coverage on Mega Highwall’s claim. We then appealed.

On appeal, the appeals court agreed with Mega’s position. The appeals court held: “Although we agree that there is only one reasonable interpretation, we disagree with the court’s reading of the exclusion and its conclusion that coverage was precluded. While abandonment can be a cause of a loss that would be excluded under the Lloyd’s policy, it was not the cause of the loss herein. Because the property was not abandoned, regardless of the fact that it was not returned to the surface, the abandonment exclusion does not apply.”

We look forward to a speedy resolution of the case upon remand.

To learn more about Bailey Glasser’s commercial litigation practice, please visit this link to our Commercial & Environmental Litigation Practice page.

To learn more about our appellate work, please visit our Appellate & Supreme Court Practice page.

Pictures of lawyers on appellate team

Federal Law Clerk Joins Charleston, WV Office

Bailey & Glasser, LLP has added lawyer Adam Wilson to the firm’s Civil Defense practice group in Charleston, WV, focusing on complex litigation, including high-stakes oil and gas disputes.

As a member of Bailey Glasser’s Oil & Gas team, Adam will leverage a deep understanding of industry regulations, market dynamics, and legal precedents to effectively represent clients across the sector. The team has experience handling matters related to exploration and production, joint operating agreements, royalty disputes, lease disputes, and more. Our work spans both state and federal courts, advocating tenaciously for clients in navigating the intricate legal landscape of the oil and gas industry.

Adam brings valuable courtroom and legal writing experience in complex civil litigation, having completed a federal clerkship in the United States District Court for the Southern District of West Virginia for the Honorable Thomas E. Johnston.

Civil Defense Practice Group Leader, Becky Pomeroy stated, “We are excited to welcome Adam Wilson to our Civil Defense Practice Group in Charleston. His unique background in petroleum and natural gas engineering, along with his federal clerkship experience, will be a great addition to our busy litigation practice. We look forward to his contributions to our team.”

Adam is a graduate of the West Virginia University College of Law, where he served both as an editor on the West Virginia Law Review and as a student practitioner in the College of Law’s United States Supreme Court Clinic. Before attending law school, Adam graduated summa cum laude from West Virginia University with a bachelor’s degree in petroleum and natural gas engineering.

Learn more about Adam Wilson here.

#BaileyGlasser #Litigation #OilandGas #CivilDefense #Welcome

BG Welcomes Three New Lawyers to Washington, D.C. Office

Bailey & Glasser, LLP has added three new lawyers to the firm’s Washington, D.C. office. Hallie Arena is the newest member of the Commercial & Environmental Litigation practice group, Allison Bruff has joined the Consumer Litigation practice group, and Japera Parker has joined the firm’s Corporate practice group.

Hallie Arena brings valuable courtroom and legal writing experience in criminal matters and complex civil litigation, having completed a federal clerkship in the United States District Court for the Southern District of West Virginia with the Honorable Judge Joseph R. Goodwin and interned in the same court with Judge Frank W. Volk. As a West Virginia University College of Law graduate, she was a member of the order of the coif and served as the Executive Notes Editor for the West Virginia Law Review. Hallie was also the president of the Sports and Entertainment Law Society, drawing on her prior work for two professional basketball teams, the Atlanta Hawks and the Los Angeles Clippers. While in law school, Hallie also participated as a student practitioner in the United States Supreme Court Clinic.

Allison Bruff brings to the firm considerable experience in the federal judiciary. Before joining Bailey Glasser, she served as a Supreme Court Fellow at both the U.S. Sentencing Commission and the Office of the Counselor to the Chief Justice of the United States. She also worked in the Office of the General Counsel at the Administrative Office of the U.S. Courts, advising the Judicial Conference’s Advisory Committee on Federal Rules of Civil and Criminal Procedure. Additionally, Allison’s experience includes federal clerkships with the Honorable Judge Julia Smith Gibbons of the United States Court of Appeals for the Sixth Circuit and for the Honorable Judge David G. Campbell during his tenure as Chair of the Judicial Conference Committee on Rules of Practice and Procedure. Allison graduated summa cum laude from the University of Mississippi School of Law.

Japera Parker brings a unique background to Bailey Glasser. Her prior legal experience includes positions at major technology companies and top technology/life science law firms. Japera is deeply committed to her community, focusing on creating opportunities for female and underrepresented founders to gain access to essential capital and quality legal guidance, drawing on her personal experience as an entrepreneur for three early-stage companies in the areas of real estate and fashion. Japera is a graduate of the University of Maryland Francis King Carey School of Law, graduating cum laude with certifications in both business law and intellectual property law. Before law school, Japera was an educator and taught middle and high school English before becoming a school director and teacher coach.

We’re excited to welcome our new lawyers to the Bailey Glasser team and look forward to the valuable perspectives and experiences they bring to our firm.

#welcome #corporate #transactional #litigation #consumer #commercial #environmental #baileyglasser

BG Wins Complex Lease and Mining Dispute


A Bailey Glasser litigation team shaved a multimillion-dollar claim to only $1.00 on behalf of our clients Blackhawk Land and Resources LLC and Rockwell Mining, LLC in federal court.

The matter involved a lease first executed in 1937 and a dispute that arose in 2020 related to credit agreements pledging the 1937 Lease as collateral. Ultimately, after several years of intense litigation including two rounds of summary judgment briefing, the federal court found that Poca deserved only $1.00 in nominal damages.

Specifically, the Court held, among numerous findings, that monetary damages were not appropriate because Poca Land actually benefitted from the Merger at issue and that no legal damages were suffered because Plaintiffs filed documents with the appropriate clerks’ offices stating that the mortgages did not place an encumbrance on the 1937 Lease. In light of these holdings, the Court held that the only remedy available to Poca Land was nominal damages in the amount of $1.00.

The Bailey Glasser litigation team was led by founding partner Brian A. Glasser, and included partners Ben Schwartzman, Jennifer Fahey, Thanos Basdekis, Of Counsel The Hon. Thomas Bennett, and associate Laura Babiak.

Kentucky’s SB 257 Ruled Unconstitutional in Interstate Commerce Victory

In the latest update in the years-long fight on behalf of Foresight Coal Sales, Bailey Glasser has secured another win for interstate commerce and constitutional law.

On September 24, 2024, the district court granted Foresight Coal Sales summary judgment, declaring Kentucky’s SB 257 unconstitutional and enjoining the Public Service Commission’s commissioners from enforcing the law. This ruling marks a significant victory in Foresight’s long-standing legal battle against a law the district court agreed discriminated against interstate commerce.

This triumph follows years of dedicated litigation led by Bailey Glasser attorneys Joshua Hammack, Nick Johnson, and Chris Smith, who have championed Foresight’s case from the outset. In February 2023, the U.S. Court of Appeals for the Sixth Circuit ruled that Foresight’s constitutional claim was likely to succeed, delivering a key victory with a memorable opinion that Kentucky couldn’t “have its cake and eat it, too.”

Kentucky filed a petition for certiorari, arguing the Supreme Court of the United States should take up the case and reverse the Sixth Circuit’s decision. After the Supreme Court ordered Foresight to respond to that petition, Bailey Glasser’s team employed a creative and impactful argument, relying extensively on George Orwell’s Animal Farm to show the flaws in Kentucky’s case. In October 2023, the Supreme Court denied Kentucky’s petition, leaving the Sixth Circuit’s ruling intact and allowing the case to return to the district court.

This team of Bailey Glasser attorneys has been at the forefront of this fight, leading every phase of litigation—from the original complaint to discovery, appellate review, and now summary judgment. This latest decision is a testament to the team’s relentless pursuit of justice and constitutional fairness for Foresight. And this decision has far-reaching consequences for the coal industry, and for anyone selling across state lines, because it ensures states cannot extend or deny favorable treatment based on state of origin or similar “proxies” (e.g., state political decisions) that would threaten the unified national market.

Learn more about this case here:.

And for more information on our Commercial Litigation practice, please visit here.

Brian Glasser and Cary Joshi Named to 2025 Lawdragon Top 500 Litigators in America List

Brian A. Glasser and Cary Joshi have been named to the 2025 Lawdragon Top 500 Litigators in America List.

Founding partner Brian A. Glasser is a fearless litigator who fights for his clients in state and federal courtroom across the country. Brian’s recent victories includes a judgment against MyPillow CEO Mike Lindell to the tune of $5 million related to an election fraud-related contest; against Johnson & Johnson for trying to bury 38,000 asbestos-related cancer claims in bankruptcy court; Monsanto related to its cancerous Roundup weed killer; and 3M related to claims by veterans harmed by defective military earplugs. Brian was named a “Top 200 Lawyer” in 2024 by Forbes Media in its first-ever list, and is Band One ranked by Chambers & Partners for his litigation prowess, among other accolades and rankings.

Cary Joshi is the firm’s Commercial & Environmental Litigation Practice Group Leader and is located in the firm’s Washington, D.C. office. She, along with Brian Glasser, won a $5 million arbitration judgment against Mike Lindell accountable for false allegations of election abuse, and in 2024 led a trial team that won a $40 million jury verdict in a federal fraud trial in Texas. Cary handles many of the firm’s high-impact litigations, including its Title IX work on behalf of female student-athletes across the country. Cary was recognized this year by Lawdragon in its 2024 Top 500 Civil Rights Lawyers, and is also ranked by Chambers & Partners.

For more visit this link.

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