Category: Litigation

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

Brian Glasser Named to 2024 Lawdragon Top 500 Litigators in America

Lawdragon has recognized founding partner Brian Glasser in its “2024 500 Leading Litigators in America” guide, a list described as: “the advisors you want to send into battle.”

In the last year alone, Brian has won battles against MyPillow CEO Mike Lindell to the tune of $5 million related to an election fraud-related contest; Johnson & Johnson for trying to bury 38,000 asbestos-related cancer claims in bankruptcy court; Monsanto related to Roundup (with a settlement after four days of trial); and 3M related to claims by veterans harmed by defective military earplugs. Brian, together with trial teams from Bailey & Glasser, LLP, and firms across the country in some of these matters, has made a significant difference in many people’s lives, and we appreciate his inclusion on this esteemed list.

Brian represents a diverse array of plaintiffs and defendants throughout the United States, and he also handles complex commercial deals across many industries. He has been called upon to represent governors, members of Congress, and high-ranked agency officials in ticklish personal, political, or criminal inquiries, including state and federal impeachment proceedings. For more about Brian, please visit here.

Congratulations to all the lawyers on this list. For more about this accolade and to see the full list, please visit here.

42 Bailey Glasser Lawyers Named To The Best Lawyers in America & Best Lawyers: Ones To Watch 2024 Guides

Today we announce that 42 Bailey Glasser lawyers have been recognized across various categories (including one as a “Lawyer of the Year”) in the 30th edition of The Best Lawyers in America® and the fourth edition of Best Lawyers: Ones to Watch in America®.

“Lawyer of the Year” honors are awarded annually to only one lawyer per practice area in each region with extremely high overall feedback from their peers, making it an exceptional distinction.

For more, follow this link.

Fourth Circuit Court of Appeals Upholds Ramaco Jury Verdict

The United States Court of Appeals for the Fourth Circuit has upheld a jury verdict and reinstated contract damages awarded by the jury after a three-week trial in July 2021.

Two years ago, Bailey & Glasser, LLP, on behalf of Ramaco Resources, Inc., won $7.6 million in contract damages in a lawsuit against insurance companies indirectly owned by Chubb INA Holdings, Inc. The lawsuit stemmed from Chubb’s denial of insurance coverage after the collapse of a coal storage silo, which occurred at Ramaco’s Elk Creek coal complex in West Virginia on November 5, 2018.

The case was litigated in the United States District Court for the Southern District of West Virginia. The verdict included $7.6 million in compensatory damages and an additional $25 million for aggravation and inconvenience. After the jury trial was concluded, however, the district court reduced the contract damages and award of prejudgment interest believing the evidence could not support a conclusion that the critical “Period of Restoration” – during which Ramaco’s expenses and lost income were covered – could extend beyond November 30, 2018. Indeed, the district court reduced the verdict to $1.8 million in contract damages and further held that, because of the reduction, Ramaco had not “substantially prevailed” on its insurance lawsuit. As a result, the district court held that Ramaco was not entitled to any damages for aggravation and inconvenience. T

For more please visit here.

Citynet LLC and Frontier Resolve Federal Court Dispute for $17.750 Million

On behalf of our client Citynet LLC, Bailey Glasser eached a settlement with Frontier and other individual defendants, bringing the broadband whistleblower case to a final conclusion as to Citynet’s claims brought on behalf of the United States. As part of the $17,750,000 settlement with Frontier, the parties released the following statement:

“Citynet and Frontier Communications jointly announce that they have resolved their dispute regarding the State of West Virginia’s Obama-era BTOP grant funds, the subject of Civil Action No. 2: 14-cv-15947, which has been pending in the US District Court for the Southern District of West Virginia since 2014 and involves only matters occurring prior to that date. This settlement is comprehensive and marks an end to all the litigation and disputes involving these parties and other defendants, including claims for attorneys’ fees and costs.

Read more.

Fourth Circuit Affirms Bailey Glasser’s $828K Default Judgment Win, Sanctioning Defendants Who “Sandbagged” Discovery

The U.S. Fourth Circuit Court of Appeals has affirmed Bailey & Glasser, LLP’s $828,000 default judgment win as sanctions against a group of telemarketing defendants who concealed their joint enterprise from discovery and disobeyed orders of a lower court compelling full disclosures. The BG team led by partner Sharon Iskra requested the sanction against the companies for persistently “sandbagging” discovery necessary to their client’s case.

Over several years of litigation, Bailey Glasser’s team uncovered that Defendants evaded discovery and actively concealed over 15 shared companies. The district court judge found that Defendants acted in bad faith, warranting one of the most severe sanctions to deter future misconduct: granting Bailey Glasser’s request for default judgment for the full amount of statutory penalties available under telemarketing laws pled in her Complaint.

On appeal, the Fourth Circuit affirmed this decision in its entirety. In the scathing 39-page precedential opinion, the court noted the “[a]ppellants’ relentless sandbagging and failure to disclose discoverable materials, including the existence of business entities founded during the course of this case, demonstrate a continued pattern of discovery abuse.” Bailey Glasser lawyer Ben Hogan wrote the winning appellate brief and skillfully argued before the Fourth Circuit.

“Severe discovery abuses warrant severe sanctions. We are glad to see the Federal Rules of Civil Procedure still have teeth and that the district judges’ decisions to enforce them are upheld,” said Sharon Iskra. “We are especially pleased to have a published opinion that resonates to curtail future discovery abuses that cause delays and prejudice to litigants everywhere.”

Learn more and read the opinion here.

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