Category: Litigation

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

BG Trial Team Begins J&J Bad Faith Bankruptcy Trial in Texas

A Bailey Glasser trial team heads to court today in Texas to contest the third attempt by Johnson & Johnson to deny people injured by its talc products their day in court as guaranteed by the United States Constitution. Our team in Texas is being led by founding partner Brian A. Glasser, Mass Tort 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, partner D. Todd Mathews, and of counsel Thomas B. Bennett, and our co-counsel includes the firms of Otterbourg P.C. and Lawson & Moshenberg PLLC.

In this third bite at the bankruptcy apple, J&J subsidiary Red River Talc LLC is attempting to use the “Texas two-step” strategy, which is when a company splits itself, assigns liabilities to a newly created entity, and places that entity into bankruptcy to address claims involving asbestos-contaminated talc. J&J’s prior two talc liability spin-offs had their Chapter 11 cases dismissed as bad faith filings.

In 2022, J&J attempted its first “Texas two-step” Chapter 11 in New Jersey. The U.S. Court of Appeals for the Third Circuit dismissed that case, finding the spinoff wasn’t actually financially distressed and didn’t qualify for Chapter 11. Relying on the Third Circuit’s ruling, a New Jersey bankruptcy court tossed J&J’s second talc spinoff bankruptcy last year. Now J&J is taking another run at bankruptcy protection in what it perceives to be a more friendly Texas bankruptcy court.

Our team represents the Coalition of Counsel for Justice for Talc Claimants before the U.S. Bankruptcy Court for the Southern District of Texas. 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.

Bailey Glasser’s 2024 Year in Review

2024 marked a milestone for Bailey & Glasser, LLP as we celebrated 25 years since our founding on March 1, 1999. As founding partner Brian Glasser said back then, “I can’t tell you how great it is to come to work just plain excited.” For over 25 years, that passion has driven our dedication to practicing law while making a meaningful impact on our clients and communities—work that remains at the core of BG today.

This “2024 Year In Review” highlights our accomplishments from the past year, including work for our valued clients, introductions to new partners and lawyers, celebrations like our 25th anniversary celebration at our Washington, D.C. office, nationwide recognitions, and a flashback to 1999 from the BG Archives. Notable victories highlighted include a $40 million jury verdict in a Texas corporate fraud case, compassionate advocacy for abuse survivors and consumers injured by defective products, precedent-setting ERISA rulings on behalf of retirees in courts nationwide, a special section highlighting our litigation and corporate work in the energy industry, and over $1 billion in closed deals for the West Virginia Investment Management Board, and so much more.

Thank you for taking a few moments to explore this report—we hope you enjoy it. Follow this link to view the full report.

#BaileyGlasser #2024inReview #25thAnniversary #TrialLawyers #CorporateLawyers #ERISA #MassTorts #EnergyIndustry #Litigators #ClassActions #MassTorts #ProductLiability #Community

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’s ERISA Team Files for Court Approval of $14 Million Settlement with RVNB Holdings

On January 9, 2025, Bailey Glasser’s ERISA team filed an unopposed motion for preliminary approval of settlement and certification of settlement class on behalf of participants in the RVNB Holdings, Inc. Employee Stock Ownership Plan (ESOP), in a case proceeding in the U.S. District Court for the Northern District of Texas.

The parties have agreed to resolve all matters in controversy, including the action and a separate but related Department of Labor (DOL) enforcement case, with a total settlement of $14 million. This amount includes a statutory penalty to the DOL, with $12.75 million allocated to the class of ESOP participants.

The settlement, if approved by the court, will end more than five years of litigation concerning the sale of RVNB by the ESOP in 2017, which the plaintiffs alleged was for less than fair market value and caused by defendant fiduciaries in violation of the federal ERISA retirement benefits statute. The case is Coleman, et al. v. Brozen, et al., Case No. 3:20-CV-01358, and is proceeding before U.S. District Judge Ada Brown.

Members of the BG team include ERISA Practice Group leader Gregory Porter, Ryan T. Jenny, Patrick Muench, and co-counsel from Ajamie LLP.

To learn more about our nationally recognized ERISA, Employee Benefits & Trust practice, visit here: https://ow.ly/nv4Y50UIEsC

#ERISA #ESOP #ERISALitigation #BaileyGlasser

Times West Virginian Article Covers BG’s Asbestos Lawsuit against Fairmont State University

A lawsuit brought by Bailey Glasser Asbestos & Lung Disease partners Michael Robb and Travis Prince on behalf of Donna Spurling, a former Fairmont State University (FSU) nursing student who developed terminal lung cancer from asbestos exposure, continues to draw significant media coverage.

The latest coverage comes from the Times West Virginian, highlighting the legal fight for transparency and accountability from both FSU and the West Virginia Board of Risk Insurance Management (BRIM).

The article details how FSU and BRIM are using sovereign immunity defenses to avoid liability and block discovery into their insurance policies that could cover the Plaintiff’s claims and would pierce the sovereign immunity defense. The lawsuit alleges Ms. Spurling contracted terminal lung cancer after being exposed to asbestos while a nursing student at Fairmont State University in the late 90s. Spurling argues that Fairmont State’s failure to cover her for asbestos exposure violates her constitutional rights and that the defendants have engaged in bad-faith settlement negotiations, denying discovery that would reveal the extent of insurance coverage provided by the state.

In the article, Travis Prince strongly criticizes the Defendants’ tactics, stating: “BRIM, in concert with FSU’s Board of Governors, has engaged in a game of charades to prevent Ms. Spurling from understanding the true extent of insurance coverage provided by the state.” Prince also calls for greater transparency, arguing that discovery is essential to uncover whether additional insurance exists to cover Spurling’s claims.

Read the full article here.

To learn more about Michael Robb, visit here.

To learn more about Travis Prince, visit here.

#BaileyGlasser #AsbestosLitigation #Asbestos

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

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 Recognized in 2025 Edition of Benchmark Litigation

Bailey Glasser lawyers have been recognized in Benchmark Litigation’s 2025 “Definitive Guide to America’s Leading Law Firms and Attorneys.” Congratulations to partners Ben Bailey, Brian Glasser, Greg Haddad, Jonathan Marshall, Eric Snyder, Stephen Sorensen, Benjamin Schwartzman, and Brian Swiger for being recognized for their litigation excellence.

Founding partner Brian Glasser is also honored as one of the nation’s Top 100 Trial Lawyers.

The firm appreciates being ranked “Highly Recommended” in West Virginia, where Bailey Glasser was founded in 1999.

This year marks our 25th anniversary, and we’re grateful to our clients who, for all these years, have trusted us with their high-stakes litigation and corporate matters. We appreciate Benchmark Litigation and everyone who participated in the 2025 selection process and warmly congratulate all lawyers across the country who have received this recognition.

Learn more about Bailey Glasser’s 2025 Benchmark Litigation recognitions here.

#BenchmarkLitigation #LitigationStars #TopTrialLawyers #BaileyGlasser #Thankyou

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.

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