Category: Title IX

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.

Federal Court Approves Title IX Class Action Settlement With University of Central Oklahoma

Senior U.S. District Court Judge Joe Heaton approved a class action settlement yesterday that requires the University of Central Oklahoma (UCO) to provide female student-athletes with equal treatment and opportunities, hire an outside expert to conduct a review of its intercollegiate athletic program, and develop and implement a Gender Equity Plan to bring the entire program into compliance with Title IX. The settlement also provides UCO’s women’s varsity indoor track and field, outdoor track and field, and cross country teams with specific relief starting in 2024-25, including equipment, supplies, transportation, publicity, and practice schedules equal to those provided to men’s varsity teams; access to college-level practice facilities; and the ability to host at least one home competition every year. And it prohibits UCO from retaliating against any of its female student-athletes in violation of Title IX.

The settlement resolves a Title IX class action filed against UCO in 2022 by Tatum Robertson and Eve Brennan, two members of the women’s varsity track & field teams, for discriminating against its female student-athletes. Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits sex discrimination by any educational institution receiving federal funds.

The women’s indoor track & field, outdoor track & field, and cross-country teams at UCO—unlike any men’s teams—were provided no locker room, no competitive facility, and required to practice at a local middle school. When they complained about the unequal treatment they and other women athletes received, UCO fired their head coach.

“This lawsuit should not have been necessary,” said plaintiff and class representative Tatum Robertson. “We are delighted that UCO is finally going to stop discriminating against its women athletes and give them the equal treatment, benefits, and opportunities the law requires.”

“UCO has now agreed to everything we wanted from the start,” said plaintiff and class representative Eve Brennan. “That it took two years is particularly disturbing because Title IX has been the law for 52 years. But now UCO’s sex discrimination is going to stop.”

“We applaud the plaintiffs for fighting not only for themselves, but for all female student-athletes at UCO,” said plaintiffs’ counsel Lori Bullock of Bailey & Glasser, LLP. “We are honored to represent women who are willing to stand up to their universities and demand equality.”

To read more, click this link.

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

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.

Ms. Magazine Profiles Title IX Lawsuit Against the University of Oregon

Ms. Magazine profiles our recent Title IX lawsuit against the University of Oregon on behalf of 32 women student-athletes from the women’s varsity beach volleyball and women’s club rowing teams. “I love the University of Oregon, but this hurtful, outrageous sex discrimination has to stop,” said Ashley Schroeder, student-athlete and lead plaintiff of the December 1, 2023 lawsuit against Oregon alleging sex discrimination in athletic participation opportunities, financial aid, and benefits and publicity.

“These young women did not go to school imagining they would sue their university, but they are committed to fighting for what is right,” said Bailey Glasser partner Lori Bullock.

“Title IX has been the law for more than 50 years. Oregon needs to comply with it, now,” said Arthur Bryant, Bailey Glasser’s Title IX team leader. “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.”

Ms. Magazine details the historical nature of this lawsuit as it is the first ever to seek damages connected to NIL discrimination against women. Specifically, the women are suing for the lack of “support for opportunities to receive payments for use of their names, images and likenesses,” which Ms. Magazine notes could have significant implications for the finances of college athletics and the future of Title IX.

The plaintiffs are represented by BG’s Arthur Bryant, Lori Bullock, Cary Joshi, Joshua Hammack, Savanna Jones and Laura Babiak, along with local counsel Jennifer Middleton of Johnson Johnson Lucas & Middleton in Eugene, OR.

Read the full article here.

Learn more about the lawsuit here.

#TitleIX #Athletics #Equality #baileyglasser #msmagazine #universityoforegon

Partner Lori Bullock Breaks Down Oregon Title IX Lawsuit to Sports Publication Deadspin

Bailey Glasser’s lawsuit against the University of Oregon is front page news at sports publication Deadspin: “Oregon Just Got Hit With a Title IX Lawsuit and the Allegations are Rough.” Lori Bullock – Bailey Glasser partner, Title IX litigator, and co-lead counsel in this lawsuit – breaks down the lawsuit, sport economics, budget excuses, and delivers an excellent reality check about what Title IX requires.

Read the article here.

#titleix #equalathleticopportunity #equalrights #baileyglasser

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.

Title IX Litigator Lori Bullock Appears on “Talking Title IX and College Sports” Podcast

BG Partner and Title IX litigator Lori Bullock shares her insights on the latest podcast episode of “Talking Title IX and College Sports.” This episode covers the dispute with Florida State University which started after an investigative report published in USA Today revealed that FSU was not providing equitable opportunities for women athletes under Title IX. Lori, BG partner Arthur Bryant, and student Sophia Villalonga led an effort to elevate women’s lacrosse to varsity status. In October of 2023, FSU announced that a varsity women’s lacrosse program was expected to debut in the spring of 2026 and the university also agreed to conduct a full gender equity assessment of its athletic program and address any issues relating to gender equity for women athletes at FSU.

To listen to the episode, click here.
To learn more about the FSU matter and the settlement negotiated by Bailey Glasser, visit 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

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