Category: Litigation

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.

Bailey Glasser Defeats Motion to Dismiss in $100 Million ERISA Action

Our ERISA team scored a victory for retirement plan savers Friday, when U.S. District Court Judge Robert Chatigny overwhelmingly rejected defendants’ motions to dismiss claims against fiduciaries to the Frontier Communications 401(k) Savings Plan.

Our lawsuit alleges that the fiduciaries running the Plan imprudently invested a large portion of the retirees’ 401(k) assets in Verizon Communications stock. The case alleges that by placing a large percentage of the Plan in a single security, the fiduciaries violated their obligations under ERISA to be prudent and diversify the assets of the Plan to avoid large losses. The Plan’s public filings show that the Plan had approximately $350 million invested in Verizon stock, and Plaintiffs’ 2018 complaint alleges that the volatility and poor performance of the stock cost the Plan more than $100 million.

The plaintiffs are represented by Gregory Porter, head of Bailey Glasser’s ERISA group, Mark Boyko, a partner in that group, and Robert Izard of Izard, Kindall & Raabe.

“Since the Complaint was filed, Verizon stock has continued to underperform diversified alternatives, meaning the actual damages are now significantly higher” noted Boyko. “We look forward to addressing this case on the merits.”

The case is Reidt v. Frontier Communications Corp., No. 18-cv-1538 and is pending in the U.S. District Court for the District of Connecticut.

To learn more about how our nationally-ranked ERISA litigation group helps protect retirement and ESOP funds, visit: https://ow.ly/LMr650TtqIA

For more about Practice Group Leader Greg Porter, please visit here.
For more about partner Mark Boyko, please visit here.

#ERISAlitigation #ERISA #classaction #BaileyGlasser

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.

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.

BG Lawyers Recognized in 2024 Lawdragon 500 Leading Civil Rights & Plaintiff Employment Lawyers List

Bailey Glasser partners Brian A. Glasser, Sharon F. Iskra, Cary Joshi, D. Todd Mathews, Gregory Y. Porter, and David L. Selby II were named to the 2024 Lawdragon 500 Leading Civil Rights & Plaintiff Employment Lawyers list.

As set forth by Lawdragon:
This is … our collection of the lawyers you need when you’ve suffered discrimination; sexual abuse at work or school; or mistreatment by law enforcement or others in positions of trust . . . . We all want a fair chance. These are the lawyers who’ve made that their lives’ work. So many rights we now take for granted – for minorities, women, the disabled and others – came about because of a plaintiff lawyer who decided to stand up. Similarly, one would have thought that in 2024, lawyers would not have been needed to litigate the right to be free from being killed or beaten by law enforcement. And yet, here we are. For those reasons and many more, it’s a particular point of pride to recognize those included here.
Congratulations to all lawyers recognized by Lawdragon in this important category.

For more, visit this link.

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