Category: Consumer Protection

Safe Winter Driving Tips

The American Automotive Association (AAA) expects nearly 107 million people to travel by car to their holiday destination this year, up 2.4% from 2023. The National Highway Transportation Safety Administration reports that in 2022, there were an estimated 153,620 police-reported traffic crashes during snow or sleet conditions, with 32,213 causing injury and 498 resulting in fatalities. The financial cost of accidents can be high, especially if you or the other party are uninsured or underinsured. Medical bills, car repairs, and lost wages can add up.

Here are tips to prepare for driving in wintry weather:
– Evaluate your car insurance to determine whether to increase your coverage (including uninsured/underinsured motorist insurance).
– Check your tires – Ensure proper tread and inflation.
– Test your battery – Cold weather can drain batteries faster.
– Keep your fluids full – Top off antifreeze, windshield washer fluid, and oil.
– Pack an emergency kit – Include blankets, a flashlight, snacks, jumper cables, and first-aid supplies.
– Slow down and leave room – Increase your following distance and drive cautiously in inclement weather.

To learn more about the risks of being under or uninsured, watch this webinar “The Very High Cost of Low (or No) Car Insurance,” by BG partner Sam Hrko highlighting the legal risks and how to protect yourself financially.

#SafeDriving #WinterSafety #DrivePrepared #BaileyGlasser #HolidayTravel

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

Bailey Glasser’s Appellate Win Against NBA Gains National Media Attention

Bailey Glasser’s recent appellate victory in Salazar v. NBA is garnering national media attention, with new coverage by Bloomberg Law and Reuters. Partners Michael Murphy and Joshua Hammack achieved a landmark win in the Second Circuit, defending the right of consumers to control information about their video-watching history under the federal Video Privacy Protection Act (VPPA).

“They’ve got two choices—they either don’t use the pixel, or they get consent from their consumer,” partner Michael Murphy told Bloomberg Law regarding the importance of the recent Second Circuit decision requiring clear consent in data-handling practices.

At the heart of the case, Mr. Salazar, a subscriber to the NBA’s newsletter, alleged the NBA unlawfully shared his video-watching history with Facebook. A lower court dismissed Salazar’s VPPA claim based on its view that he didn’t meet the statutory definition of a “consumer.” The Second Circuit, however, vacated this decision, holding the VPPA protects anyone who subscribes to any “goods or services” from a video provider—even to non-audiovisual goods or services, like the online newsletters at issue in this case. The Second Circuit’s interpretation, which is the first in the country from a federal appellate court, sets a powerful precedent for future cases.

To Reuters, Joshua Hammack, lead appellate counsel who argued the appeal, described the decision’s impact. After noting that businesses profiting from targeted-advertising regimes that violate consumers’ privacy interests might have preferred a different outcome, Hammack said: “The Second Circuit confirmed Congress said what it meant and meant what it said. The decision is a slam dunk for consumers hoping to keep their personal information private.”

The case is Salazar v. National Basketball Association, Case number 23-1147, in the U.S. Court of Appeals for the Second Circuit. To learn more and to read the Court’s full decision, visit here.

To learn more about Josh Hammack, visit here.

To learn more about Michael Murphy, visit here.

Monumental Settlement in Blue Cross Blue Shield Antitrust Case


Monumental. The largest antitrust settlement in U.S. healthcare history, $2.8 billion, was announced on October 14, 2024, by the Provider side settlement team in the Blue Cross Blue Shield MDL, a long-running antitrust lawsuit representing healthcare providers nationwide. This landmark settlement was negotiated over several years by a dedicated committee, including Bailey Glasser partners Michael Murphy and Eric Snyder.

The settlement involves all Blue Cross and Blue Shield entities across the country and includes a $2.8 billion cash payment into a settlement fund, as well as investments by the Blues of hundreds of millions of dollars in system improvements for the benefit of providers.

What Will The Settlement Achieve?

The settlement aims to resolve claims that the Blues violated antitrust laws by dividing markets and fixing prices.

It also introduces important changes to the BlueCard Program, which will:

Improve how claims are processed
Enhance payment methods to providers
Reduce administrative burdens and inefficiencies
Benefits For Healthcare Providers

The settlement provides healthcare providers with:

More opportunities to contract with the Blues
Reduced administrative burdens
Increased efficiency in claims processing and payments
The Blue Cross and Blue Shield plans, along with the Blue Cross Blue Shield Association, will be held accountable by an appointed Monitoring Committee for five years after the settlement’s effective date, following the Court’s final approval. The Provider Plaintiffs formed a work group comprising various types of providers, such as representatives from large healthcare systems, teaching hospitals, rural hospitals, physicians, ancillary providers, and medical and hospital associations which gave meaningful guidance throughout the process.

Key Contributors & Next Steps

Bailey Glasser’s Michael Murphy and Eric Snyder also played key roles in the discovery phase, uncovering critical documents and testimony that led to this landmark settlement.

The Court is expected to review the Motion for Preliminary Approval in November. A formal notice will be sent to all class members at a later date determined by the Court.

Bailey Glasser partners Lori Bullock, Joshua Hammack, Elliott McGraw, and Nick Warden were named to Benchmark Litigation’s U.S. 2024 Benchmark 40 & Under Litigators List.

Pictures of recipients Bullock, Hammack, McGraw, and Warden
Bailey Glasser partners Lori Bullock, Joshua Hammack, Elliott McGraw, and Nick Warden were named to Benchmark Litigation’s U.S. 2024 Benchmark 40 & Under Litigators List.

Lori Bullock is the managing partner of BG’s Des Moines, Iowa office and handles cases across several litigation areas, including labor and employment, sexual harassment, disability discrimination, education law, and civil rights. Lori has won trailblazing Title IX settlements for student-athletes at colleges and universities across the U.S. for violating the federal civil rights law prohibiting sex discrimination at educational institutions receiving federal funds, including an appeal against Michigan State University that was appealed up to the Supreme Court of the United States. Lori was also a member of the BG team that won a $5 million arbitration award against My Pillow CEO Mike Lindell for his 2020 election fraud claims. Lori has been named to the 2024 Lawdragon 500 X – The Next Generation list, as well as Best Lawyers in America, Litigation – Labor and Employment.

Joshua Hammack handles complex commercial litigation from inception through appeal, focusing on constitutional issues, statutory interpretation, intellectual property, product safety, insurance, contracts, and Title IX discrimination, among others. Just this year, Joshua argued a pair of appeals in the Second and Sixth Circuits concerning an issue of first impression—what it means to be a “consumer” under the Video Privacy Protection Act. Joshua also successfully argued a Title IX appeal before the Ninth Circuit, where the court vacated orders denying class certification for female student-athletes at Fresno State. Additionally, he secured an important appellate reversal last year in the Sixth Circuit, which agreed a challenged Kentucky law likely violated the Dormant Commerce Clause. Joshua was previously named to the 2024 Lawdragon 500 X – The Next Generation list, and is also a Best Lawyers Ones to Watch, Appellate Practice and Commercial Litigation.

Elliott McGraw’s practice focuses on complex commercial disputes where she represents institutional investors and asset managers in contract and tort-based claims arising from financial fraud, accounting malpractice, and corporate malfeasance. Elliott also advises 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. Elliott was a member of the BG trial team that recently won a $40 million jury verdict in a Texas federal court in a fraud and breach of fiduciary duty case. She has also been recognized as a Best Lawyers Ones to Watch, in Privacy and Data Security Law.

Nick Warden, a partner in our Boise, Idaho office, focuses his practice in commercial litigation, with a particular focus on complex business litigation in the agricultural, chemical, and finance industries including accounting and auditor malpractice. Nick has represented clients in appeals before the Idaho and Ninth Circuit appellate courts, as well as state and federal courts in Idaho, Arkansas, California, Colorado, Montana, Massachusetts, Maryland, Indiana, Illinois, and New York. Nick has been recognized as a Best Lawyers Ones to Watch, in Commercial Litigation and Litigation – Labor and Employment.

As set forth by Benchmark Litigation when announcing the awards: “[e]very year, Benchmark Litigation sets out to identify the best and brightest litigators across the US. While it is certainly not an easy task selecting from such a wide array of accomplished young lawyers, we are excited to reveal our list of the top emerging talent in litigation.”

Congratulations to all the lawyers receiving this recognition. To see the full list, please visit this link.

Lori Bullock, Katherine Charonko, and Joshua Hammack Named to 2024 Lawdragon X – The Next Generation List

Bailey Glasser partners Lori A. Bullock, Katherine Charonko, and Joshua I. Hammack have been named to Lawdragon’s 2024 500 X – The Next Generation guide. This recognition acknowledges the achievements of the top 500 lawyers who have vaulted to the forefront of the legal profession. This Lawdragon recognition is prestigious as the 500 lawyers included were selected through a process of “select[ing] members of this guide through our time-honed process of submissions, independent research and vetting with friends and foes.”

Bailey Glasser partners Lori A. Bullock, Katherine Charonko, and Joshua I. Hammack have been named to Lawdragon’s 2024 500 X – The Next Generation guide. This recognition acknowledges the achievements of the top 500 lawyers who have vaulted to the forefront of the legal profession. This Lawdragon recognition is prestigious as the 500 lawyers included were selected through a process of “select[ing] members of this guide through our time-honed process of submissions, independent research and vetting with friends and foes.”

Lori Bullock is an impactful litigator, handling challenging cases across several litigation areas, including Title IX athletics, labor and employment, sexual harassment, disability discrimination, education law, and civil rights, and is the managing partner of BG’s Des Moines, Iowa office. Lori has won ground-breaking Title IX settlements for student-athletes at nine U.S. colleges and universities for violating the federal civil rights law prohibiting sex discrimination at educational institutions receiving federal funds, including appeals to federal circuit court and the Supreme Court included in this submission. She was also part of the team that won the $5 million judgment against “MyPillow’s” Mike Lindell related to false claims made about the 2020 election.

Katherine Charonko is a litigator and head of the firm’s sophisticated and cutting-edge ESI group where she oversees e-discovery in complex disputes involving billions of documents and ensures proper collection, production, and review of electronic data. Kate holds the global Certified e-Discovery Specialist (CEDS) credential, a global recognition that assures clients and co-counsel that our approaches are compliant, efficient, cost-effective, and reduces risk in all phases of e-Discovery. In addition, Kate is a key part of the firm’s multidistrict litigation (MDL) teams, which concentrate largely on automotive and medical device product liability actions. She serves as liaison director of e-Discovery and ESI on several MDL leadership committees nationwide and has worked on landmark MDL matters including some of the largest vehicle defect litigations in history, including the Volkswagen emissions case, and many more. Indeed, Kate was recognized for her product liability work in this year’s Chambers & Partners accolades in the nationwide plaintiffs category, among other recognitions.

Joshua Hammack handles complicated matters from their inception through appeal. He has briefed and argued appeals in state and federal courts across the country for a host of substantive legal areas, including Title IX, the Commerce Clause, contract interpretation, deed construction, statutes of limitation, and the Video Privacy Protection Act. He has briefed multiple issues to the Supreme Court of the United States. In just the last eight months, he has argued before the Second, Sixth, and Ninth Circuits, as well as intermediate appellate courts in West Virginia and New York. Members of the firm regularly gather to watch or listen to his oral arguments, and he also hosts an annual training session on brief writing for lawyers at the firm.

To learn more about the 2024 LDX500 guide, visit: https://www.lawdragon.com/guides/2024-06-28-the-2024-lawdragon-500-x-the-next-generation

Law360: “Pa. Court OKs $3.65M Deal On Student Loan ‘Pay-To-Pay’ Fees”

BG secured approval for a $3.65 million settlement in a class action before a Pennsylvania federal district court on behalf of federal student loan borrowers charged illegal fees just for paying their monthly loan payments online or over the phone.

BG secured approval for a $3.65 million settlement in a class action before a Pennsylvania federal district court on behalf of federal student loan borrowers charged illegal fees just for paying their monthly loan payments online or over the phone.

The lawsuit against Educational Computer Systems Inc., alleges that the servicer charged federal student loan borrowers nationwide illegal “Pay-to-Pay” fees, or extra charges to process one–time monthly payments on their Perkins loans online or by phone, in violation of several federal and state consumer protection laws. Bailey Glasser’s Patricia Kipnis, partner and leader of the firm’s Consumer Litigation Practice Group, and partner James Kauffman, along with attorneys from the law firm Tycko & Zavareei LLP, are class counsel in this case.

On Monday, U.S. District Court Judge Patricia A. Dodge stated on the record that she would grant the motion for final approval of the settlement and the motion for attorney fees, administrative costs, and class representative awards, with a formal order to follow. The motion for settlement included the $3.65 million payment that will refund more than 40,000 class members a pro-rata portion of the fees they paid to ECSI.

Judge Dodge remarked on the record describing the settlement as “fair and equitable,” and stated, “this case was administered effectively, litigated appropriately, and very well.”

Lead counsel Patricia Kipnis said, “We’re thrilled with this result in what we believe to be the first case against a student loan servicer asserting the legal theory that Pay-to-Pay fees are unlawful under consumer protection statutes.”

You can learn more about this settlement by reading this Law360 article here.

And for more information on our Pay-to-Pay services, visit here.

#baileyglasser #classactions #paytopay #consumerprotection #illegalfees #studentloans

Motion for Temporary Order Filed in Suit Against Johnson & Johnson

Bailey & Glasser, LLP and a group of leading law firms filed a motion to show cause why a preliminary injunction ought not issue to stop Johnson & Johnson and its subsidiaries from pursuing a new bankruptcy filing in any district other than in New Jersey, where tens of thousands of civil lawsuits are already consolidated in multidistrict litigation.

The company recently announced the pursuit of a prepackaged bankruptcy plan to resolve talc claims in an unspecified federal court in Texas. Two previous bankruptcy filings by the company have been denied by the courts in New Jersey, where J&J is headquartered. In today’s filing, we seek a temporary restraining order on the basis that J&J is attempting to evade jurisdiction and continue to manipulate the bankruptcy process to disadvantage tens of thousands of women who developed cancer from continued use of Johnson’s products. We also seek to prevent any amendments to agreements between J&J and its subsidiaries to fund the plan without notifying the plaintiffs.

The Bailey Glasser team in this case includes founding partner Brian A. Glasser; David L. Selby II, the firm’s Mass Tort Practice Group Leader, partner D. Todd Mathews, Of Counsel Thomas B. Bennett, partner Thanos Basdekis, partner and Consumer Protection Practice Group Leader Patricia Kipnis, and Of Counsel Michael Shenkman. Other firms representing the plaintiffs in this lawsuit are Beasley Allen Crow Methvin Portis & Miles PC, Levin Papantonio Rafferty Proctor Buchanan O’Brien Barr Mougey PA; Golomb Legal; Ashcraft & Gerel LLP; and Burns Charest LLP.

On behalf of our clients, we have requested that the injunction hearing be heard at the earliest possible time.

For more please visit this link.

Bailey Glasser Secures $3.6 Million Settlement in “Pay-to-Pay” Class Action Against Mr. Cooper

Bailey & Glasser, LLP secured a groundbreaking $3.6 million settlement in a class action before a federal district court in Washington, D.C on behalf of consumers who were charged illegal fees just for paying their mortgages over the phone. BG partner James Kauffman, along with attorneys from the law firm Tycko & Zavareei LLP are class counsel in this case.

The lawsuit against Mr. Cooper – formerly known as Nationstar Mortgage LLC – and one of the country’s largest home loan servicers, alleges that the servicer charged mortgage borrowers in D.C. and nationwide illegal “Pay-to-Pay” fees, or extra charges up to $14 to process each monthly payment by phone in violation of several federal and state consumer protection laws. The settlement, which obtained final approval on Thursday, included the nearly $3.6 million payment to 72,555 class members and was based on a novel legal argument under the D.C. “Protecting Consumers from Unjust Debt Collections Practices Act,” which provides additional statutory damages to consumers for each illegal transaction.

“The settlement obtained is an excellent result for the class, and we are pleased that the court agreed,” James Kauffman said. “While our work has caused many servicers to stop charging these fees, others persist in this abuse, and we will continue to fight to protect hardworking consumers from junk fees.”

You can learn more about this settlement by reading this Law360 article here.

To learn more about our “Pay-to-Pay” and Illegal Convenience Fee services, visit here.

#baileyglasser #classactions #paytopay #consumerprotection #illegalfees #mortgage

Bailey Glasser Wins Summary Judgment for Texas Borrowers over Illegal “Pay-to-Pay” Junk Fees

On behalf of a class of consumers who were charged illegal fees just for paying their mortgages over the phone, Bailey & Glasser, LLP won a significant summary judgment victory in a class action before a federal district court in Houston, Texas.

The lawsuit against Lakeview Loan Servicing and LoanCare alleges that they charged FHA mortgage borrowers illegal “Pay-to-Pay” fees, extra charges up to $12 for processing monthly payments by phone. Bailey Glasser partners James Kauffman and Elizabeth Ryan were lead counsel in this case.

“This case is a big win for American consumers who struggle enough without being nickel-and-dimed by illegal junk fees,” said lead counsel James Kauffman. “These kinds of fees are unlawful, and we will continue to fight across the country to protect consumers from companies taking advantage of them.”

Other members of the Bailey Glasser team consisted of Contingency Practice Area Leader Jonathan Marshall, Consumer Litigation Practice Group Leader Patricia Kipnis, attorney Denali Hedrick, and paralegals Mary McClay and Vanessa Pierre.

To learn more please click here.

#justice #paytopay #consumerprotection #illegalfees #baileyglasser

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