WaPo: “Mike Lindell Must Pay Man $5M in ‘Prove Mike Wrong’ Challenge, Judge says”

Mike Lindell, MyPillow founder and 2020 election conspiracy theorist, has lost his challenge to the multi-million-dollar arbitration award made in favor of Robert Zeidman, a respected cyber expert. BG’s Brian Glasser and Cary Joshi represent Mr. Zeidman in this matter, as well as partner Lori Bullock and paralegal Manuel Rios.

Following the 2020 election, Lindell prominently trumpeted the false theory that the 2020 presidential election involved alleged Chinese government hacking that resulted in votes cast for Donald Trump being switched to Joe Biden. In July 2021, Mike Lindell sponsored his own so-called “Cyber Symposium”, which he said would provide an opportunity for technical experts in cyber forensics to examine and evaluate the evidence presented by Lindell. Lindell was so confident in the validity of his so-called “evidence” that, as part of his Cyber Symposium, he held the “Prove Mike Wrong Challenge” and offered a $5 million prize to anyone who could prove the data was not valid.

As described in this Washington Post article, Zeidman compiled a report of his findings and sent a letter to Lindell’s firm asking for the reward, and filed for arbitration after Lindell denied his payment request. The arbitration panel required Lindell to pay Zeidman within 30 days, and when it was not paid Zeidman asked a federal court to confirm his arbitration award. On Wednesday, the federal district judge in Minnesota upheld the previous ruling from the arbitration panel and Zeidman is now owed the $5 million payout plus interest.

“The chances of a confirmation were in Zeidman’s favor,” Brian Glasser said, as arbitration rulings are upheld unless they are found to be obtained by “corruption, fraud or undue means.”

Read the full Washington Post article here.

To learn more about this case please visit here.

#ProveMikeWrong #BaileyGlasser #Electionfraud #Arbitration #Litigation

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.

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.

BG Team Wins $19.96 Million Judgment on Behalf of Wildcat Coal, LLC

On October 12, 2023, Bailey Glasser prevailed in a lease royalty dispute on behalf of our client Wildcat Coal, LLC, obtaining a judgment of nearly $20 million. This dispute involved calculation of advance royalties in a coal mining lease. The judgment was issued by Judge Freudenthal of the United States District Court for the District of Wyoming.

The defendant, Bridger Coal Company, argued that it did not owe Wildcat any advance royalties despite a provision of the mining lease that obligated Bridger to mine at least 45% of its coal from Wildcat’s properties.

“We are glad that Wildcat will receive the advance royalties that Bridger agreed to pay under the lease,” said Bailey Glasser founding partner Brian Glasser, lead counsel in this case.

In addition to Mr. Glasser, the Bailey Glasser team included partners Leslie Brueckner, Jennifer Fahey, and Ben Schwartzman.

The Order granting judgment can be viewed here.

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.

Bailey Glasser Title IX Team Settlement with FSU Featured in USA TODAY Article

“The only thing that works is women being willing to fight,” said Arthur Bryant, Bailey Glasser’s Title IX team leader in the USA Today article: “Florida State University to add women’s lacrosse team after USA TODAY investigation.” The article covers yesterday’s major settlement with Florida State University on behalf of women advocating for a women’s varsity lacrosse team. In the settlement, FSU agreed to add a varsity women’s lacrosse team, develop a gender equity plan, and bring its intercollegiate athletics program into compliance with Title IX.

USA Today says: “The agreement comes after Arthur Bryant, a prominent, California-based Title IX lawyer, in consultation with members of the FSU club women’s lacrosse team, threatened legal action against the university in early August, citing Title IX. It also comes less than 18 months after a USA TODAY investigation revealed that Florida State University was not in compliance with Title IX.”

Bryant told USA TODAY, “The history of Title IX in America is that the only thing that makes progress for women who are being discriminated against is for them to stand up and fight,” he said. “The vast majority of colleges and universities are still in violation of Title IX, 51 years after it was passed, and the federal government has never filed enforcement action in court to force (any) schools to come into compliance with Title IX.”

The Bailey Glasser team also consisted of partners Lori Bullock, Joshua Hammack, and Cary Joshi.

“It doesn’t even feel real. I’ve been crying tears of pure joy all day,” FSU women’s club lacrosse team captain Sophia Villalonga told USA TODAY late Tuesday. “The last few hours have been such a rush. I’m just speechless.”

Read the full article here.

#TitleIX #TitleIXAthletics #BaileyGlasser #FSULacrosse #USAToday

FSU Will Add Women’s Lacrosse, Adopt Gender Equity Plan, and Comply with Title IX

Bailey Glasser’s Title IX team and the women’s club lacrosse team at Florida State University won a major victory against sex discrimination and a history-making settlement today. To avoid a class action lawsuit, FSU agreed to add a varsity women’s lacrosse team, develop a gender equity plan, and bring its intercollegiate athletics program into compliance with Title IX.

“We are proud to represent the courageous women on the club lacrosse team, who decided to stand up and fight,” said Arthur Bryant, Bailey Glasser Title IX team leader and lead counsel. “We also commend FSU, which decided to do the right thing. We are grateful to them all.”

“These women are tenacious and wouldn’t take no for an answer. Now, they’ve created an extraordinary legacy: FSU is going to have a varsity women’s lacrosse team for many, many years — and it’s going to comply with Title IX,” said Bailey Glasser partner and co-counsel Lori Bullock.

The Bailey Glasser team also consisted of partners Joshua Hammack and Cary Joshi.

Learn more about the case and read the settlement agreement here.

#TitleIX #TitleIXAthletics #BaileyGlasser #FSULacrosse

BG Institutional Abuse & Neglect Team Secures Share of Record $11.75M Settlement for Special Needs Student Abused at Holz Elementary

“We will continue to speak on behalf of the voiceless. People say, ‘this has to stop happening’, but it won’t unless we persevere in holding offenders and facilities accountable for every penny of damage.” So commented Sharon Iskra in announcing that today she and partner Sam Hrko, on behalf of a disabled student and that student’s family, obtained a share of a record $11.75 million settlement, the largest ever entered against a public school board in West Virginia history. The amounts of the individual settlements are confidential, with Ms. Iskra and Mr. Hrko obtaining a share of the award for their single client based on the Kanawha County Board of Education’s negligent retention and supervision of teacher Nancy Boggs and classroom aides Lisa Perdue and Lori Gibson.

Boggs’ abuse included acts such as banging children’s heads on desks, slapping and yanking them, and degrading them by forcing them to sit on the floor with their noses in a hole in the wall and to eat out of the classroom sink. She also verbally terrorized students by yelling that they were “bad to the bone”, “stupid”, and that “mommy doesn’t care,” among other taunts.

Ms. Iskra and her Institutional Abuse & Neglect Practice Team are dedicated to protecting people abused by institutions such as schools, foster homes, churches, and training academies. They have won record jury verdicts and settlements, including the one today.

Click here to read more.

#justice #stopchildabuse #baileyglasser

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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