Lawsuit Filed Against Johnson & Johnson for Bad Faith Bankruptcies

Bailey & Glasser, LLP and a group of leading law firms filed a federal lawsuit against Johnson & Johnson and other defendants due to their repeated attempt to use the U.S. bankruptcy system to prevent victims of its cancer-causing products from having their day in court. The case is Love v. LLT Management LLC, No. 24-06320 (5/22/24), U.S. District Court for the District of New Jersey.

The Bailey Glasser team in this case includes founding partner Brian A. Glasser; David L. Selby II, the firm’s Mass Tort Practice Group Leader, partner D. Todd Mathews, and Of Counsel Thomas B. Bennett, former Chief Justice of the United States Bankruptcy Court for the Northern District of Alabama. Other firms representing the plaintiffs in this lawsuit are Beasley Allen Crow Methvin Portis & Miles PC, Levin Papantonio Rafferty Proctor Buchanan O’Brien Barr Mougey PA; Golomb Legal; Ashcraft & Gerel LLP; and Burns Charest LLP.

To read the complaint, media links, and more details, visit this link.

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.

Partner D. Todd Mathews Named a “Super Lawyer”

BG partner Todd Mathews has been named a 2024 Super Lawyer. Todd dedicates his career to fighting for people injured by defective products like asbestos, hernia mesh, 3M’s combat earplugs, as well as on behalf of survivors of sexual abuse. We thank everyone who took part in Todd receiving this recognition. For more about Todd and his work, please visit here.

In addition to this accolade, Todd is a member of the National Trial Lawyers Top 100, an invitation-only organization composed of premier trial lawyers from each state or region, and is a lifetime member of the Million Dollar Advocates Forum, one of the most prestigious groups of trial lawyers in America. In 2024 he was also recognized by Best Lawyers in America in three categories: Mass Tort Litigation / Class Action – Plaintiffs, Medical Malpractice Law – Plaintiffs, and Product Liability Law – Plaintiffs.

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.

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.

Bailey Glasser Awarded Top Rankings in Chambers USA 2023 and Achieves Nationwide Rankings in ERISA and Product Liability Litigation

Thank you to Chambers & Partners for our 2023 rankings, which includes two brand-new nationwide practice group rankings in the ERISA plaintiffs and Product Liability litigation categories. Having our lawyers and practice groups recognized by Chambers reflects how much we care about our clients and how hard we work to achieve successful outcomes for them.

We are grateful to all the clients and counsel (co-counsel as well as referring counsel) who took the time to participate in the process. Your time is valuable and we take that seriously. We appreciate you.

For a detailed overview of this year’s rankings, please visit here.

BG Team Led By Brian Glasser Helps Dismiss Improperly Filed Mass Tort Bankruptcy By 3M Subsidiary Aearo Technologies

In a win for injured soldiers, a federal judge on Friday dismissed the bankruptcy of 3M subsidiary Aearo Technologies, which was attempting to use its protections to permanently resolve 260,000 lawsuits alleging that 3M military earplugs caused hearing loss for veterans and U.S. service members. This new ruling upends 3M’s litigation strategy to resolve mass tort claims in bankruptcy, which would have circumvented the ability of plaintiffs to have their cases heard by a jury of their peers as guaranteed by the U.S. Constitution. Brian Glasser and Bailey & Glasser, LLP helped get this mass tort bankruptcy dismissed.

“The soldiers who used 3M earplugs deserve to the chance to hold 3M accountable before a jury of their peers,” said founding partner Brian Glasser. “3M and Aearo have no special right to put veterans in a bankruptcy box, and now can face these claims in front of juries around the nation.”

Additional Bailey Glasser lawyers working on this matter include partners Cary Joshi, David Selby, Katherine E. Charonko, and Todd Mathews.

For more information, please visit here.

“This is Not Over By a Long Shot”

“This is not over by a long shot”: Bailey Glasser founding partner Brian Glasser, one of the lead lawyers in the fight to protect plaintiffs in the J&J/LTL bankruptcy, made a statement to CBS News today rejecting what appears to be extra money found in Johnson & Johnson’s company lounge “seat cushions.” J&J, one of the world’s wealthiest companies, continues to try to abuse the bankruptcy process to deny plaintiffs injured by the company’s talc products their day in court.

Mr. Glasser’s full statement to CBS News reads:
The last time J&J tried this they told the world that $2 billion was more than enough to satisfy these claims. The $9 Billion they have offered today makes plain that the prior number was ridiculous, the prior bankruptcy filing was a scam and the entire exercise was a misuse of the bankruptcy system. The Court of Appeals agreed, and dismissed their case. An hour or so later they found $7 Billion in the company in seat cushions. But LTLs officers and directors apparently surrendered the right to get $61 Billon for this second alleged bankruptcy and for these same injuries. This is not over by a long shot. This case, too, ought to be dismissed. There is nothing that stops J&J from settling its cases outside of bankruptcy and that is what it needs to do.”

To read the CBS News story click here.

The Bailey Glasser trial team is comprised of:

Brian Glasser
Kevin W. Barrett
Robert R. Bell
Hon. Thomas B. Bennett (ret.)
Katherine E. Charonko
Cary Joshi
D. Todd Mathews
Elliott McGraw
David L. Selby II
John G. Turner, III.

Federal Appeals Court Rejects J&J Texas Two-Step Maneuver In Huge Victory For Plaintiffs Harmed By J&J Baby Powder


Washington, D.C.: In a huge victory for individuals grievously harmed by Johnson & Johnson baby powder, the Circuit Court of Appeals for the Third Circuit roundly rejected Johnson & Johnson’s attempt to shovel all 38,000 cases into a brand-new subsidiary which then, within hours of creation, declared bankruptcy. In strong language, the federal appeals court found that the JNJ/LTL petition “has no valid bankruptcy purpose” and dismissed the bankruptcy in its entirety, reversing a ruling by a lower bankruptcy court.

The dismissal of the LTL bankruptcy now allows plaintiffs harmed by J&J’s consumer products to continue pursuing justice before a jury trial of their peers, a right afforded them by the United States Constitution.

Brian A. Glasser, founding partner of the national law firm Bailey & Glasser, LLP, was co-lead counsel to the trial team vindicated by the appeals court. Mr. Glasser states today: “J&J has no special right to put talc victims in a bankruptcy box. It now has to face these claims in front of juries around the nation.”

Specifically, Mr. Glasser argued at trial that Johnson & Johnson’s choice of bankruptcy as means to control its liabilities costs was invalid because “LTL was never in financial distress during its brief existence” because the phantom subsidiary was “eminently solvent” as it enjoyed access to more than $60 billion in Johnson & Johnson funds.

The Third Circuit agreed with Mr. Glasser in its opinion, finding that “we cannot agree LTL was in financial distress when it filed its Chapter 11 petition. The value and quality of its assets, which include a roughly $61.5 billion payment against J&J and New Consumer, makes this holding untenable.” Continue Reading

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