BG Files Asbestos Lawsuit on Behalf of Woman Exposed on College Campus

Did you know that lung cancer can be caused by asbestos exposure at schools, universities, or hospitals? Bailey & Glasser, LLP recently filed an asbestos lawsuit in West Virginia on behalf of a 63-year-old nonsmoker who was diagnosed with lung cancer after being exposed to asbestos on a college campus and while working in various hospitals as a nursing student.

BG partners Michael Robb and Travis Prince filed the complaint on behalf of Donna Spurling in Kanawha County Circuit Court against Fairmont State University and several West Virginia hospitals including Monongalia County General Hospital, United Hospital Center, and Fairmont Regional Medical Center.

Our Complaint alleges Ms. Spurling was exposed to building materials containing asbestos regularly in buildings on her college campus and at various hospitals while a nursing student at Fairmont State from 1998-2004. The Complaint details the history of asbestosis, saying the danger of asbestos dust to result in the potentially fatal lung disease was recognized in medical and scientific circles by the early 1930s, and includes details about how Metropolitan Life worked to hide the dangers of asbestos.

“Defendants had actual knowledge of the dangers to Donna R. Spurling of asbestos exposure, nevertheless, defendants deliberately, intentionally and purposefully withheld such information,” the Complaint stated.

Bailey Glasser’s Asbestos & Lung Disease practice is at the forefront of the fight for people poisoned by asbestos and other carcinogens and has years of experience representing individuals exposed to asbestos in both industrial and non-industrial settings such as schools and hospitals.

To learn more about this lawsuit, read the West Virginia Record article here.

For more about Mickey and his experience, visit here.

For more about Travis and his experience, visit here.

For more on our Asbestos & Lung Disease Practice, visit here.

Law360: “Pa. Court OKs $3.65M Deal On Student Loan ‘Pay-To-Pay’ Fees”

BG secured approval for a $3.65 million settlement in a class action before a Pennsylvania federal district court on behalf of federal student loan borrowers charged illegal fees just for paying their monthly loan payments online or over the phone.

The lawsuit against Educational Computer Systems Inc., alleges that the servicer charged federal student loan borrowers nationwide illegal “Pay-to-Pay” fees, or extra charges to process one–time monthly payments on their Perkins loans online or by phone, in violation of several federal and state consumer protection laws. Bailey Glasser’s Patricia Kipnis, partner and leader of the firm’s Consumer Litigation Practice Group, and partner James Kauffman, along with attorneys from the law firm Tycko & Zavareei LLP, are class counsel in this case.

On Monday, U.S. District Court Judge Patricia A. Dodge stated on the record that she would grant the motion for final approval of the settlement and the motion for attorney fees, administrative costs, and class representative awards, with a formal order to follow. The motion for settlement included the $3.65 million payment that will refund more than 40,000 class members a pro-rata portion of the fees they paid to ECSI.

Judge Dodge remarked on the record describing the settlement as “fair and equitable,” and stated, “this case was administered effectively, litigated appropriately, and very well.”

Lead counsel Patricia Kipnis said, “We’re thrilled with this result in what we believe to be the first case against a student loan servicer asserting the legal theory that Pay-to-Pay fees are unlawful under consumer protection statutes.”

You can learn more about this settlement by reading this Law360 article here.

And for more information on our Pay-to-Pay services, visit here.

#baileyglasser #classactions #paytopay #consumerprotection #illegalfees #studentloans

Join Bailey & Glasser, LLP in Celebrating Juneteenth Freedom Day 2024

Join Bailey & Glasser, LLP in celebrating Juneteenth Freedom Day 2024.

While the Emancipation Proclamation of 1863 officially freed enslaved persons in the South, the proclamation could not realistically be enforced in any location where the Confederacy remained in control, including the westernmost state of Texas. It was not until Union soldiers led by Major General Gordon Grange arrived in Galveston on June 19, 1865 – more than two months after the Confederate Army surrendered – that the state’s enslaved residents finally learned slavery had been abolished.

For Black Americans, gaining the full rights of citizenship—and especially the right to vote—was central to securing true freedom and self-determination. “Slavery is not abolished until the Black man has the ballot,” Frederick Douglass famously said in May 1865. While the 15th Amendment passed in 1869 gave Black men the right to vote, they were still largely kept from voting due to literacy tests, poll taxes, and campaigns of violence designed to marginalize the Black vote across the South and thereby silence their voices in the political realm.

In 1965, President Lyndon B. Johnson signed the Voting Rights Act into law, designed to remove barriers to political participation by racial and ethnic minorities, with Sections 2 and 5 being two provisions that brought new protections to voters across the country. Litigation over the scope and coverage under the Voting Rights Act hasn’t ceased since its passage, reflecting the ongoing strife and struggle over the fundamental ability to vote – a founding principle of this country.

In a Democracy Docket article, “Sounding the Alarm: The 8th Circuit’s Discordant Note on Voting Rights,” Martin Luther King III, leader of the organization Drum Major Institute, and Bailey Glasser lawyer Paul-Kalvin Collins draw attention to the 2023 ruling by the United States Eighth Circuit Court of Appeals that bar private litigants from bringing lawsuits under Section 2 of the Voting Rights Act, “the very bulwark against racial discrimination in voting.”

Earlier this year, the Eighth Circuit denied an appeal to review a previous three panel ruling finding that federal law does not allow private groups and individuals — who have for decades brought the majority of lawsuits under Section 2 of the Voting Rights Act — to sue because that law does not explicitly name them. Only the head of the Justice Department, the panel found, can bring these kinds of lawsuits. This decision is the first of its kind, with other federal courts weighing in on this issue, including the U.S. Supreme Court, opposing this decision or favoriting private plaintiffs in Section 2 cases.

The article warns of the ruling’s impact on the safeguards of voting rights and the “potential reverberations through the foundations of our democracy.” To read the full article visit here.

The nonprofit Drum Major Institute, first founded by Rev. Dr. Martin Luther King Jr. in 1961, continues his fight for justice and equality. “Together, as drum majors for justice, we can ensure that the dream of Dr. King endures, and the Voting Rights Act remains a potent instrument in the pursuit of a more equitable and inclusive America.” Learn more about DMI here.

For more information on lawyer Paul-Kalvin Collins, visit here.

#Juneteenth #FreedomDay #Diversity

Brian Glasser to Law360: “They’ve Been Twice Told They Have to be Honestly Broke to be Bankrupt”

Brian Glasser was interviewed by Law360 about the preliminary injunction filed by Bailey & Glasser, LLP and other law firms last week on behalf of cancer patients, asking a New Jersey federal judge to bar Johnson & Johnson’s talc liability spinoff from filing its third attempt at a Chapter 11 reorganization outside of the state.

In this interview, Brian Glasser, Bailey Glasser’s founding partner and co-lead counsel for the plaintiffs, said that J&J was seeking a more favorable jurisdiction after the previous bankruptcy dismissals. “They have that precedent in the Third Circuit, so they’re obviously going somewhere else,” he said. “They’ve been twice told they have to be honestly broke to be bankrupt.”

The company recently announced the pursuit of a prepackaged bankruptcy plan to resolve talc claims in an unspecified federal court in Texas. Two previous bankruptcy filings by the company have been denied by the courts in New Jersey, where J&J is headquartered. In last week’s filing, plaintiffs sought a temporary restraining order on the basis that J&J is attempting to evade jurisdiction and continue to manipulate the bankruptcy process to disadvantage tens of thousands of women who developed cancer from continued use of Johnson’s products. The motion also seeks to prevent any amendments to agreements between J&J and its subsidiaries to fund the plan without notifying the plaintiffs.

In addition to Brian Glasser, the Bailey Glasser team in this case includes David L. Selby II, the firm’s Mass Tort Practice Group Leader, partner D. Todd Mathews, Of Counsel Thomas B. Bennett, Of Counsel Thanos Basdekis, partner and Consumer Protection Practice Group Leader Patricia Kipnis, and Of Counsel Michael Shenkman. 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.

Read the full Law360 article here.

To learn more about the Motion for Temporary Restraining Order filed against J&J, please visit here.

And for more on Brain Glasser, visit here.

#productliability #productliabilitylaw #justice #Cancervictims #bankruptcy #BaileyGlasser

Motion for Temporary Order Filed in Suit Against Johnson & Johnson

Bailey & Glasser, LLP and a group of leading law firms filed a motion to show cause why a preliminary injunction ought not issue to stop Johnson & Johnson and its subsidiaries from pursuing a new bankruptcy filing in any district other than in New Jersey, where tens of thousands of civil lawsuits are already consolidated in multidistrict litigation.

The company recently announced the pursuit of a prepackaged bankruptcy plan to resolve talc claims in an unspecified federal court in Texas. Two previous bankruptcy filings by the company have been denied by the courts in New Jersey, where J&J is headquartered. In today’s filing, we seek a temporary restraining order on the basis that J&J is attempting to evade jurisdiction and continue to manipulate the bankruptcy process to disadvantage tens of thousands of women who developed cancer from continued use of Johnson’s products. We also seek to prevent any amendments to agreements between J&J and its subsidiaries to fund the plan without notifying the plaintiffs.

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, Of Counsel Thomas B. Bennett, partner Thanos Basdekis, partner and Consumer Protection Practice Group Leader Patricia Kipnis, and Of Counsel Michael Shenkman. 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.

On behalf of our clients, we have requested that the injunction hearing be heard at the earliest possible time.

For more please visit this link.

National Trailer Safety Week

Perhaps nothing is more nerve-wracking while traveling on the road than maneuvering around a large 18-wheeler or tractor-trailer. According to the National High Traffic Safety Administration, in 2021 there were a total of 523,796 large truck accidents in the United States. National Trailer Safety Week is an opportunity to spread awareness of the proper use of trailers and how to minimize danger on the road when driving near tractor-trailers and other towed trailers.

Below are a few tips to remember when driving near large trucks to minimize the danger of a trucking accident:

1. Stay out of blind spots – Large trucks have huge blind spots around the front, back, and sides of the vehicle. If you cannot see the driver in the truck’s side mirrors, assume they cannot see you.

2. Pass safely and don’t cut it too close – Make sure you can see the driver in the truck’s side mirror before passing and be sure to use your vehicle’s signals.

3. Anticipate wide turns – Trucks require more turning room and may often swing wide or initiate a turn from the middle lane.

In this short video, Bailey Glasser partner, Sam Hrko, discusses how our team of Personal Injury lawyers can help you after a trucking accident. From investigating the underlying factors contributing to the accident, to protecting your rights against big trucking companies, our experienced attorneys understand the laws and regulations that apply to the trucking industry. We are known for our blue-collar work ethic and tireless effort to fight for our client’s best interests. Remember that if a disaster ever strikes you or your family, the attorneys at Bailey Glasser are here when you need us most.

To learn more about our Catastrophic Personal Injury services, visit here.

And to learn more about Sam Hrko’s personal injury experience, visit here.

#TrailerSafetyWeek #BaileyGlasser #TruckingAccidents #TractorTrailer #PersonalInjuryLawyers

Partner Travis Prince Speaking at 66th Annual WVAJ Convention

BG partner, Travis A. Prince, is speaking at the 66th Annual West Virginia Association for Justice Convention and Seminar on June 6 – 7th in Charleston, WV. On Friday, Travis will be a panelist in the session titled: “When Criminal and Civil Law Collide: Handling the Civil Case and Securing Justice for Your Client.” The WVAJ and its members are committed to protecting access to the West Virginia state and federal courts, the civil justice system, and the 7th Amendment right to a jury trial.

Travis Prince focuses his practice on catastrophic personal injury, civil rights violations, asbestos litigation, and medical malpractice cases, including but not limited to wrongful death, misdiagnosis, delayed diagnosis, stroke, heart attack, and joint replacement. Recently, Travis represented Blake Gober, a Marine veteran wrongly accused of stealing a Hertz rental, and helped to obtain the dismissal of all felony charges against him with prejudice.

To learn more about Travis Prince, please visit here.

For more information and to register for the Annual WVAJ Convention visit here.

#WVAJ #justice #thoughtleadership

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

BG Files Two New Lawsuits Against the State of Illinois on Behalf of Survivors of Sexual Assault & Abuse


Bailey Glasser has filed two new complaints on behalf of 95 men and 13 women survivors of sexual abuse against the State of Illinois, alleging that the Illinois Department of Corrections and Department of Juvenile Justice failed to protect them from sexual abuse perpetrated by adult employees at Illinois Youth Centers. As alleged in the two new complaints filed today, between 1996 and 2017, hundreds of youths were victimized in Illinois Youth Centers, most between the ages of 10 and 17.

Bailey Glasser is on the forefront of lawsuits seeking justice on behalf of childhood sexual abuse survivors and has brought hundreds of similar lawsuits in the State of Maryland on behalf of survivors of abuse in its juvenile hall detention facilities.

Partner D. Todd Mathews, lead counsel on the Bailey Glasser litigation team, stated: “the systemic abuse suffered by our clients while vulnerable minors in the custody of the Illinois Department of Corrections and Department of Juvenile Justice is horrific. We now have three lawsuits representing more than 200 survivors who were intentionally targeted and abused while in state custody, which has impacted every aspect of their lives. We are impressed by our clients’ strength and tenacity in coming forward, and we’re ready to fight for these survivors in court.”

The Bailey Glasser team in this case includes D. Todd Mathews; founding partner Brian A. Glasser; partner and Mass Tort Practice Group Leader David Selby; and lawyer Samira Bode.

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 this link.

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

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.

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