Category: Consumer Protection

BG Wins Dismissal of J&J’s Third Attempt To Dismiss Talc Claims in Bankruptcy

March 31, 2025: Today, a federal court dismissed the third attempt by Johnson & Johnson to create a mechanism to dispose of talc-related litigation claims outside the Constitutionally-guaranteed jury process. Johnson & Johnson has tried twice to use this “Texas Two-Step” legal maneuver and was unsuccessful, with both of those Chapter 11 cases dismissed as bad faith filings.

In this third unsuccessful attempt to discharge its liabilities in bankruptcy, Johnson & Johnson shopped for what it thought would be a more favorable forum for its third attempted bankruptcy – Texas. In February 2025, the U.S. Bankruptcy Court in Houston conducted a two-week trial to determine the validity of the claims, the process through which claimants were permitted to vote, and to hear the objections of the Coalition of Counsel for Justice for Talc Claimants, which included thousands of women injured by J&J’s talc products, some of whom died in the months before the matter was tried.

At the end of an exhaustive analysis of the record, and pursuant to a 57-page opinion, the federal court found that the totality of the record required dismissal. The record included prepetition voting and solicitation irregularities, an unreasonably short voting time for thousands of creditors, and that appointment of a trustee or conversion does not make sense in this case. The Court also noted that “There is no real company or jobs to save here. This case is about whether voters will accept a deal.”

The court’s decision stated: “While the Court’s decision is not an easy one, it is the right one.”

Co-lead trial counsel Brian Glasser stated: “Judge Lopez did the right thing and followed the law. His opinion will be sustained on appeal.”

The Coalition of Counsel for Justice for Talc Claims trial team was co-led by Bailey & Glasser founding partner Brian A. Glasser, Mass Torts Practice Group Leader David L. Selby, Electronically Stored Information Practice Group Leader Katherine E. Charonko, and litigator Elizabeth L. Stryker. Additional members of the BG team includes Bankruptcy Practice Group Leader Jonathan Gold, partners D. Todd Mathews and Joshua Hammack, and Of Counsels Thomas B. Bennett and Michael Shenkman.

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

Partner Patricia Kipnis to Speak at the Consumer Financial Services Fundamentals 2025

Patricia Kipnis, Bailey Glasser partner and Consumer Litigation Practice Group Leader, will be a panelist at the Practising Law Institute’s Consumer Financial Services Fundamentals 2025 conference in New York City on March 13-14.

Patricia will join the panel titled, “The Fundamentals of Servicing and Collections for Consumer Obligations,” discussing key considerations for financial services companies when servicing accounts and collecting delinquent balances.

Attendees will gain insight into:
• The life cycle of consumer loans and servicing activities
• Key federal and state laws governing servicing and collections
• Emerging issues, including the role of AI in servicing and collections

Don’t miss this opportunity to learn from industry consumer litigation leaders. For more information and to register for the event, visit here.

Learn more about Patricia Kipnis, here.

#ConsumerProtection #ConsumerFinance #BankingandFinance #DebtCollections #CFSF2025 #FinancialServices #BaileyGlasser

BG Secures Key Federal Appellate Victory in Pay-to-Pay Litigation

Bailey & Glasser, LLP’s Pay-to-Pay team—comprised of partner James Kauffman, Consumer Litigation Practice Group Leader Patricia Kipnis, and attorneys Denali Hedrick and Allison Bruff—secured a significant appellate victory for mortgage holders. Last week, the U.S. Court of Appeals for the Eleventh Circuit upheld a ruling against mortgage servicer Ocwen Loan Servicing/PHH Mortgage Corporation, finding that the company violated the Fair Debt Collection Practices Act (FDCPA) by charging consumers optional fees of $7.50 to $12 for making expedited mortgage payments online or by phone.

This case resulted from a strategic, long-term approach by the litigation team to address split authority in district courts in the Eleventh Circuit and nationwide regarding whether the FDCPA prohibits loan servicers from collecting “pay-to-pay” or “convenience” fees for certain payment methods. The U.S. District Court for the Southern District of Florida ruled that the FDCPA does prohibit such fees and awarded judgment to plaintiffs Sheryl Glover and Cathy Booze.

When Ocwen/PHH appealed to the Eleventh Circuit, the Bailey Glasser team, alongside co-counsel from Tycko & Zavareei, leveraged prior success on this issue in the Fourth Circuit and received support from the Consumer Financial Protection Bureau as amicus curiae. During oral arguments in November, Ocwen faced tough questioning from the appellate panel. In its ruling issued on February 4, 2025, the court held: “Ocwen violated the FDCPA because it is a ‘debt collector’ who charged an ‘amount’ that was not ‘expressly authorized by the agreement creating the debt or permitted by law.’”

This decision strengthens Bailey Glasser’s ongoing efforts to hold financial institutions accountable for unlawful payment processing fees and further bolsters the team’s momentum in Pay-to-Pay litigation, providing key supplemental authority in multiple ongoing cases.

To read the full Eleventh Circuit opinion visit here.

#BaileyGlasser #PaytoPay #ConvenienceFees #ConsumerLitigation #ConsumerProtection #Appellate

Bailey Glasser Secures $17 Million Settlement in False Claims Act Case Against C.R. Bard

After nearly seven years of relentless work, Bailey Glasser partners John Roddy, Elizabeth Ryan, and Brian McAllister, along with co-counsel Robert A. Griffith and federal prosecutors, secured a $17 million settlement to resolve False Claims Act allegations filed in 2017 by whistleblower Dirk Etheridge against C.R. Bard, Inc. and several of its affiliates. In United States, ex rel. Dirk Etheridge, et al. v. Liberator Medical Holdings, Inc., et al., No 1:17-cv-05187-LMM (N.D. Ga.), Mr. Etheridge alleged that the Bard entities offered free samples, discounts, and savings on in-office supplies to illegally induce urology practices across the country to prescribe Bard urological products.

This successful outcome is the product of thousands of hours of work by Mr. Etheridge’s legal team, which undertook extensive document review and legal analysis at the Government’s behest. On this score, Bailey Glasser’s ESI Practice Group, led by partner Katherine E. Charonko and including partner Tony Clackler coordinated the digital discovery and analysis efforts that were critical to ultimately reaching settlement.

To learn more about the BG team in this matter, please visit here.

#FalseClaimsAct #Whistleblower #BaileyGlasser

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.

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