WaPo: “Mike Lindell Must Pay Man $5M in ‘Prove Mike Wrong’ Challenge, Judge says”

Mike Lindell, MyPillow founder and 2020 election conspiracy theorist, has lost his challenge to the multi-million-dollar arbitration award made in favor of Robert Zeidman, a respected cyber expert. BG’s Brian Glasser and Cary Joshi represent Mr. Zeidman in this matter, as well as partner Lori Bullock and paralegal Manuel Rios.

Following the 2020 election, Lindell prominently trumpeted the false theory that the 2020 presidential election involved alleged Chinese government hacking that resulted in votes cast for Donald Trump being switched to Joe Biden. In July 2021, Mike Lindell sponsored his own so-called “Cyber Symposium”, which he said would provide an opportunity for technical experts in cyber forensics to examine and evaluate the evidence presented by Lindell. Lindell was so confident in the validity of his so-called “evidence” that, as part of his Cyber Symposium, he held the “Prove Mike Wrong Challenge” and offered a $5 million prize to anyone who could prove the data was not valid.

As described in this Washington Post article, Zeidman compiled a report of his findings and sent a letter to Lindell’s firm asking for the reward, and filed for arbitration after Lindell denied his payment request. The arbitration panel required Lindell to pay Zeidman within 30 days, and when it was not paid Zeidman asked a federal court to confirm his arbitration award. On Wednesday, the federal district judge in Minnesota upheld the previous ruling from the arbitration panel and Zeidman is now owed the $5 million payout plus interest.

“The chances of a confirmation were in Zeidman’s favor,” Brian Glasser said, as arbitration rulings are upheld unless they are found to be obtained by “corruption, fraud or undue means.”

Read the full Washington Post article here.

To learn more about this case please visit here.

#ProveMikeWrong #BaileyGlasser #Electionfraud #Arbitration #Litigation

BG Defeats Attempt to Dismiss Federal Class Action ESOP Lawsuit

Another win on behalf of protecting company employees’ hard-earned money: today, our ERISA team defeated a motion to dismiss that challenged a class action brought on behalf of a class of investors in the Churchill Holdings, Inc. Employee Stock Option Plan where we alleged that the trustees breached their fiduciary duties and engaged in prohibited transactions in violation of ERISA law.

The federal court in Arnold v. Parades (filed in the Middle District of Tennessee), rejected virtually every argument made by defendants. Judge Crenshaw held that the plaintiffs’ individual releases did not bar them from suing on behalf of their ESOP, that the plan’s class action waiver was unenforceable because it prevented effective vindication of statutory rights and violated ERISA’s anti-exculpatory provision, section 410, and that plaintiffs adequately alleged breaches of fiduciary duty and prohibited transactions. Plaintiffs are challenging the fair market value of the stock determination made by the trustee when it terminated the Churchill Holdings, Inc. ESOP.

The Bailey Glasser team includes partner and ERISA Practice Group Leader Greg Porter, partners Mark Boyko, Ryan Jenny, and Patrick Muench, and associate Laura Babiak. Our ERISA team is a leader in protecting ERISA and ESOP plans, and is ranked nationally by Chambers & Partners and Best Law Firms, with Greg Porter also being ranked Band One in ERISA Litigation, Mainly Plaintiffs – USA-Nationwide. For more about our ERISA work, please visit here.

To read the Court’s opinion, visit this link.

Federal Appeals Court Vacates District Court Decision in Fresno State Title IX Case, Opens Door for All-Female-Student-Athlete Class Action

In an important appellate victory for six former members of the women’s lacrosse team at Fresno State, the U.S. Court of Appeals for the Ninth Circuit vacated the district court’s orders denying class certification, paving the way for the lawsuit to continue on behalf of all female student-athletes at the university.

First filed in 2021, the lawsuit alleged Fresno State violated Title IX by depriving women of equal opportunities to participate in varsity athletics and equal treatment and benefits. In February 2022, the women sought certification as a class action on behalf of all female student-athletes and/or potential athletes at the school. However, the district court twice denied certification, finding an inherent conflict between athletes who played on different teams.

The Ninth Circuit disagreed, finding the lower court “clearly erred” by holding such a conflict exists as to the equal opportunities claim. The court reached a similar conclusion as to the equal treatment claim, holding the district court erred by failing to analyze it separately.

“Today, the Ninth Circuit opened a door the district court twice tried to slam shut. In a real sense, this order vindicates the brave young women who stood up and demanded that Fresno State provide what Title IX promises—equality,” said BG partner Joshua I. Hammack, who briefed and argued the appeal. “The court confirmed that those who seek equality are not in conflict with those who stand to benefit from it. The fight isn’t over, of course, but today is an important step toward justice.”

In addition to Hammack, the Plaintiffs are represented by lead counsel and Title IX team leader Arthur Bryant, and partners Cary Joshi and Lori Bullock of Bailey Glasser, and Cynthia Chapman, Mike Caddell, and Amy Tabor of Caddell & Chapman.

To read the full press release and Ninth Circuit opinion, please visit here.

Title IX Lawsuit Filed by Women Student-Athletes Against University of Oregon

Eugene, OR: Thirty-two female student-athletes filed a detailed sex discrimination class action over 100 pages long against the University of Oregon today for depriving women of equal treatment and benefits, equal athletic aid, and equal opportunities to participate in varsity intercollegiate athletics in violation of Title IX of the Education Amendments of 1972. The case, filed by twenty-six women’s varsity beach volleyball team members and six women’s club rowing team members in U.S. District Court in Eugene, Oregon, seeks “to hold Oregon accountable for discriminating against all of its female student-athletes and potential student-athletes, make Oregon pay damages to the women it has deprived and is depriving of equal treatment and equal athletic financial aid, and stop Oregon from violating Title IX in the future.”

Title IX, a federal civil rights law, prohibits sex discrimination by the University of Oregon and all educational institutions that receive federal funds. The women’s beach volleyball team members “aim to hold Oregon accountable for depriving them and all varsity female student-athletes of equal treatment and equal athletic financial aid in violation of Title IX.” The women’s club rowing team members “seek to hold Oregon accountable for depriving them and all present and future female students at Oregon of equal opportunities to participate in varsity athletics.”

“Title IX has been the law for more than fifty years. Oregon needs to comply with it, now,” said BG partner Arthur H. Bryant, lead counsel for the women. “Three months ago, The Oregonian exposed the school’s blatant sex discrimination in a front-page investigative report: “Oregon Ducks beach volleyball players detail disparate treatment that experts say could violate Title IX.” But the school refuses to change its ways or even admit there is a problem. It has taught its women athletes what the history of Title IX has shown: If women want equality, they need to fight for it. So that’s what the women at Oregon are doing.”

“We are proud to represent these courageous women who have decided to stand up and fight for the equality Title IX requires and against the sex discrimination that Title IX prohibits,” said BG lead co-counsel Lori Bullock in Des Moines, Iowa. “These young women did not go to school imagining they would sue their university, but they are committed to fighting for what is right.”

Other members of the BG team on this case are partners Joshua Hammack and Cary Joshi, and associates Laura Babiak and Savanna Jones.

For more click here.

Partner Todd Mathews on the Mass Tort News Legalcast

In the most recent episode of the Mass Tort News Legalcast, Bailey Glasser partner Todd Mathews discusses how the firm is helping survivors of sexual abuse at the hands of the State of Maryland acting through the Department of Juvenile Services and its predecessors find closure, healing, and accountability.

The discussion also touches on other states’ approaches to addressing child abuse cases, with some implementing limited windows of opportunity for survivors to file claims. Todd points out the challenges of addressing these cases, especially the need for a sensitive and compassionate approach, avoiding the re-traumatization of survivors.

Switching gears, the conversation touches on recent developments in the legal field, particularly in relation to Johnson & Johnson (J&J) and its potential third bankruptcy filing. Todd expresses his concern and disapproval of such actions, which he views as an abuse of the bankruptcy process to delay compensating victims further. He also addresses the viability of the Camp Lejeune docket, highlighting how recent issues with case attrition and unethical practices in the legal field can impact its resolution.

Illinois Judge Elizabeth Hoskins Dow Rejoins Bailey Glasser

Bailey & Glasser, LLP is proud to announce that Elizabeth (Lissa) Hoskins Dow has rejoined the firm as a partner in its Commercial and Environmental Litigation Practice Group. Lissa returns to Bailey Glasser after serving since 2015 as an Associate Judge for the 12th Judicial Circuit of Illinois in the Family and Civil Jury Trial divisions.

As a member of the firm’s Commercial and Environmental Litigation group, Lissa will provide strategic guidance, counseling, and innovative solutions for our clients across a full spectrum of business interests and industries, including finance and energy. Prior to her appointment to the bench, Lissa was the partner-in-charge of Bailey Glasser’s Illinois office.

“I’m delighted to return to Bailey Glasser and am looking forward to getting back to work on behalf of our clients. It’s exciting to see how the firm has grown and with it, our ability to collaborate across offices and teams,” she said.

Read the full announcement and learn more about Lissa here.

#CommercialLitigation #BaileyGlasser

Charges Against Marine Veteran Wrongly Accused of Stealing Hertz Rental Car Dropped by Prosecutor After CBS News Report

MEDIA REQUESTS: To schedule an interview with Blake Gober or counsel in this matter, please contact Joe Carey at joe@careystrategiccommunications.com.

Morgantown, West Virginia – Until this morning, with the release of a bombshell CBS News report (view here) the world did not know that Marine Corps Veteran Blake Gober was wrongly arrested, imprisoned, and prosecuted for the alleged theft of a Hertz rental car back in 2019. On October 16, 2023, the felony charges against Mr. Gober were dismissed with prejudice.

The wrongful arrest and prosecution of Mr. Gober is yet another occasion where Hertz perpetrated great harm upon an innocent professional who simply rented one of its vehicles. As set forth in the Dismissal Motion: “the State has lost confidence in the reliability of the information provided by [Hertz] that forms the basis of these felony charges.”

Travis Prince and Brian Glasser of Bailey & Glasser, LLP and Wes Prince of the law firm of Shaffer Madia Law, PLLC represent Mr. Gober. “We are glad that the charges have finally been dropped against our client, but they never should have been filed in the first place. What Hertz put him through should not be suffered by anyone,” said Travis Prince.

Mr. Gober added: “I was a Hertz Gold customer who returned a car three years ago which I rented for my move from West Virginia to Northern Virginia. For Hertz to issue a warrant for my arrest and to put me and my family through this is unconscionable. I am dedicated to making sure this never happens to anyone else.”

Mr. Gober was unjustly apprehended and incarcerated during a routine traffic stop in 2022, the result of a false police report filed by Hertz in January 2020. On November 19, 2019, Gober rented a car from Hertz in Morgantown, West Virginia. Gober then returned it to Hertz at Reagan National Airport. On January 13, 2020, Hertz filed a false police report alleging Mr. Gober stole its car and on February 28, 2020 (seven weeks later), the car mysteriously reappeared at an Alexandria, Virginia apartment building, having amassed a whopping 7,492 miles on it. Meanwhile, Mr. Gober was working around Washington, D.C., knowing nothing about the missing car or warrant.

To learn more click here.

Court Rules All Plaintiffs in Title IX Case Can Sue SDSU for Retaliation

In the case’s second key ruling in the past month, a federal judge held that all of the female student-athletes who filed the precedent-setting Title IX sex discrimination class action against San Diego State University can sue the school for retaliating against them for asserting their rights.

On April 12, 2023, the court held that five Plaintiffs could sue for retaliation and twelve could not. Yesterday, October 10, 2023, it amended that order and held that all seventeen Plaintiffs could do so – and could seek both damages against SDSU for its past retaliation and a court order barring the school from retaliating in the future.

“Our justice system depends on the simple point that litigants cannot intimidate or scare away potential witnesses,” said Bailey Glasser partner Joshua Hammack in Washington, D.C., who took the lead in briefing and arguing the issues. “SDSU tried to do exactly that, and the Court agreed all Plaintiffs deserve their day in court on the resulting retaliation claim.”

The Bailey Glasser team is composed of Title IX team leader Arthur Bryant and partners Joshua Hammack, Lori Bullock, and Cary Joshi, along with co-counsel Amber Eck and Jenna Rangel of Haeggquist & Eck, LLP, and David S. Casey, Jr., and Gayle Blatt of Casey Gerry in San Diego.

For more details, please visit this link.

#titleix #justice #baileyglasser #equalrightsinsports

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.

BG Lawsuits Covered in Washington Post Article: “Lawsuits Allege Dozens Were Sexually Abused in Md. Juvenile Facilities”

BREAKING NEWS: “It’s a tragedy, but it’s also a tremendous opportunity to do the right thing,” said Sharon Iskra, Bailey & Glasser, LLP’s Institutional Abuse & Neglect practice team leader in the Washington Post article, “Lawsuits allege dozens were sexually abused in Md. Juvenile facilities.”

The article discusses the Maryland Child Victims Act, which took effect Sunday and eliminates the civil statute of limitations, and spotlights the six lawsuits filed on the same day by Bailey Glasser along with three other law firms on behalf of hundreds who survived systemic abuse as children while in the Maryland juvenile justice system.

Sharon, one of the lead attorneys for the survivors, discusses the need for a trauma-focused approach to her legal representation, saying, “On every level, it’s our effort, it’s our hope, our desire — and we’re doing everything we can — to make this a trauma-informed intake process.”

Other members of the Bailey Glasser team include firm founder Brian Glasser, partner Mass Tort Practice Group leader David Selby II, and mass tort partner D. Todd Mathews. Co-counsel include Alexandra Walsh and Kim Channick of Walsh Law; Joel Rhine and Martin Ramey of Rhine Law Firm; and Nick Horattas of DiCello Levitt.

Read the full article here.

#survivorsrights #sexualabuse #childvictimsact #baileyglasser

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