Category: Litigation

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.

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.

BG Files New Lawsuits on Behalf of 193 Survivors of Childhood Sexual Abuse in the Cook County, IL Juvenile Court System

Bailey Glasser and co-counsel have filed another round of new complaints on behalf of 193 survivors of sexual violence and abuse against the State of Illinois; the Office of the Chief Judge for Cook County, Illinois; the Illinois Department of Corrections and Department of Juvenile Justice employees, alleging these entities failed to protect children from rampant sexual abuse perpetrated by adult employees at the Cook County Juvenile Temporary Detention Center (formally known as the Arthur J. Audy Home).

As alleged in the complaint filed on July 22, 2024, between 1995 and 2022, hundreds of youths were victimized at JTDC. This filing comes on the heels of two other lawsuits filed on May 6 and June 3 of this year arising from state-operated Illinois Youth Centers, now raising the total number of plaintiffs to nearly 400.

Partner D. Todd Mathews, lead counsel on the Bailey Glasser litigation team, stated at yesterday’s press conference: “This abuse has been going on since 1995 and it is still going on to this day. It must stop… We will continue to have press conferences and file lawsuits until the folks in Springfield and Cook County hear us and do something.”

The Bailey Glasser team also includes founding partner Brian A. Glasser; partner and Mass Tort Practice Group Leader David Selby; and lawyer Samira Bode. Levy Konigsberg serves as co-counsel for the plaintiffs.

MEDIA REQUESTS: To schedule an interview with counsel or for other media inquiries, please contact Joe Carey at joe@careystrategiccommunications.com.

To read more about the lawsuit please visit here.

To learn more about how we fight on behalf of survivors of sexual abuse across the country, please visit here.

#SexualAbuse #Survivors #CookCounty #BaileyGlasser

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.”

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

Bailey Glasser Defeats Motion to Dismiss in Schwab Managed 401(k) Action

BG secured an important win for employee participants of the Vituity and MedAmerica 401(k) retirement plan. On Friday, U.S. District Court Judge Richard Seeborg of the Northern District of California ruled on a motion to dismiss filed by CEP America and the MedAmerica Retirement & Benefits Committee, which oversees the 401(k) plan offered to employees and retirees of Vituity and MedAmerica. In his ruling denying the motion in part, Judge Seeborg noted that the Complaint alleges that the fees charged by recordkeepers to other 401(k) plans “were multiples less than those charged” by Schwab.

The employees, represented by Greg Porter, BG’s ERISA Practice Group Leader, and ERISA partner Mark Boyko, allege that the Defendants violated ERISA laws by allowing millions of dollars of their retirement savings to go to Schwab’s recordkeeping arm and to MedAmerica. The Plaintiffs also alleged that Schwab’s excessive compensation included Schwab receiving benefits from the 401(k) Plan’s use of Schwab’s bank savings account.

“Employers need to understand and accept their responsibility for prudently managing 401(k) plans free from conflicts of interest and self-dealing,” Boyko said. “We look forward to pursuing this matter on its merits.”

The case is Nagy, et al., v. CEP America, LLC, et al, No. 23-cv-5648, and is pending in the Northern District of California.

BG’s award-winning ERISA, Employee Benefits & Trust Litigation practice has been ranked by Chambers & Partners in the Nationwide ERISA Litigation: Mainly Plaintiffs category. Learn more about our ERISA services here.

Greg Porter, BG’s ERISA Practice Group Leader, has also received top rankings by Chambers in Nationwide ERISA Litigation: Mainly Plaintiffs (Band One). Learn more about his practice here.

And for more on ERISA partner Mark Boyko, visit here.

#ERISA #401k #Retirement

Larry Lederer Named a 2024 Lawdragon Top 500 Plaintiff Financial Lawyer

Bailey Glasser partner Lawrence J. Lederer is included in Lawdragon’s 2024 500 Leading Plaintiff Financial Lawyers guide, now for a sixth year in a row. We thank Lawdragon and everyone who participated in his once again being included on this esteemed list, a true testament to how much Larry cares about his clients, the hard work he puts into their cases, and the results he achieves.

Larry has extensive experience litigating securities, commercial, consumer class actions, and other cases in federal and state courts throughout the United States. In the last year, he’s brought impactful litigations to help people who have had issues related to violation of privacy laws, mortgage lending and finance, telemarketing and the non-funding of PPP loans which continue to affect small businesses across the country.

This Lawdragon recognition is especially prestigious as the 500 lawyers 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.”

See the full list here.

To learn more about Larry Lederer, please visit this link.

BG Wins Writ of Prohibition Before State of West Virginia Supreme Court of Appeals

A Bailey Glasser litigation team composed of founding partner Ben Bailey and lawyer Christopher Smith succeeded in obtaining a writ of prohibition from the State of West Virginia Supreme Court of Appeals on behalf of our client, Pachira Energy.

In this action for extraordinary relief, Pachira sought a writ of prohibition to prevent the Circuit Court of Monongalia County from a January 2023 order by that court which ordered disassociation of a partnership even though no party to the litigation sought disassociation in the underlying litigation. The underlying litigation involved the requested dissolution and winding up of a partnership under the West Virginia Revised Uniform Partnership Act. However, instead of ordering this dissolution, the circuit court disassociated Pachira from the partnership, effectively kicking it out of the partnership while allowing the partnership to continue operating.

In recognizing that “extraordinary remedies are reserved for ‘really extraordinary causes,’ the appellate court found for our client and determined that: “[a]fter a careful review of the parties’ arguments, the record before this Court and the applicable law, we conclude that the circuit court committed a clear legal error in ordering dissociation when that relief was not requested by either party. Accordingly, we grant the petition for writ of prohibition, vacate the order dissociating Pachira from the water system association, and remand this case to the circuit court for further proceedings.”

Obtaining relief of this nature is rare, but our litigators felt was warranted in this particular case. The case is now back before the Circuit Court for additional litigation. To read the Court’s Memorandum Decision, please visit here.

Sharon Iskra Argues Case Before Supreme Court of Appeals of West Virginia

On April 17, BG partner and Institutional Abuse and Neglect team leader Sharon Iskra argued before the Supreme Court of Appeals of West Virginia in support of a $3.5 million jury verdict rendered against a residential care facility on behalf of two developmentally disabled individuals who had been abused as children.

As April is Child Abuse Prevention Month as well as Sexual Assault Awareness Month, Sharon was proud to argue on behalf of her clients before the Supreme Court of Appeals of West Virginia.

To learn more about Sharon and her work, visit this link.

To learn more about the work of Bailey Glasser on behalf of the survivors of sexual abuse, visit here.

Brian Glasser Named a Top 200 Lawyer in America by Forbes

Bailey Glasser founding partner Brian Glasser has been named one of “America’s Top 200 Lawyers” by Forbes in its first-ever elite lawyer list.

Forbes described its criteria as follows: “[t]he elite lawyers on this list were selected through a rigorous, multi-stage process of researching, evaluating and rating thousands of candidates, conducted by an editorial team with broad experience in law practice and the legal marketplace. The result is a collection of top lawyers involved in the most consequential cases, deals or legal trends in recent years . . . . they all share reputations for integrity, records of excellence—and Forbes’ recognition as the best in the business. What follows is a power list of lawyers whose skill, passion and purpose set them apart—for when you or your business need it most.”

In the last two years alone, Brian won a $5 million award against MyPillow CEO and election conspiracist Michael Lindell; helped lead the challenge to Johnson & Johnson’s “Texas Two Step” bankruptcy maneuver on behalf of people injured by J&J’s asbestos-riddled talc products; helped win dismissal of the bankruptcy of 3M subsidiary Aearo Technologies by a federal judge which thereafter resulted in the $6 billion settlement of more than 260,000 lawsuits brought by veterans and U.S. service members alleging that 3M military earplugs caused their hearing loss; and has won tens of millions of dollars for his clients in other lawsuits. He has also led the filing of hundreds of lawsuits on behalf of people abused as minors by the State of Maryland’s juvenile hall facilities via a new law passed in October 2023 that permitted previously time-barred claims by abuse survivors.

Read more here.

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