Bailey Glasser Announces New Leadership For Consumer Litigation and Corporate Practice Groups

Bailey & Glasser, LLP is pleased to announce the appointment of two longstanding firm partners to lead its national Corporate and Consumer Litigation practice groups. Jonathan S. Deem is the new Practice Group Leader of Bailey Glasser’s Corporate Group, and Patricia Mulvoy Kipnis our new Consumer Litigation Practice Group Leader.

Jonathan Deem is a partner in the firm’s Washington, D.C. office, where he leads the nationwide corporate team that handles mergers and acquisitions, financial services, corporate finance, tax, and entrepreneurial transactions, including venture capital. Among numerous recognitions, Chambers USA has recognized Jonathan since 2019, with one client stating that “Jonathan is the best I have ever worked with.” The Corporate Practice Group and lawyers on the team are also recognized by Chambers USA and the U.S. News and World Report’s “Best Lawyers” and “Best Law Firm in America.”

Patricia Kipnis is a partner in the firm’s New Jersey and Philadelphia offices where she leads the Consumer Litigation Practice Group. Ms. Kipnis is one of the firm’s leaders in challenging “Pay-to-Pay” and other “junk fees” imposed on consumers by mortgage servicers and other debt collectors through class action litigation in courts nationwide. The consumer litigation team has won several impactful cases, including lawsuits against major corporations such as Uber, Quicken, DISH Network, and mortgage servicers. Ms. Kipnis is also a Lecturer in Law at the University of Pennsylvania Carey Law School, and formerly taught at the Rutgers School of Law – Camden.

The new practice group leader appointments highlight Bailey Glasser’s emphasis on experienced leadership and collaborative teams. Read the full announcement and learn more about Jonathan Deem and Patricia Kipnis here.
#ConsumerLaw #CorporateLaw #FirmLeadership

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 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.

18 Public Interest Groups File Brief in Federal Appeal Supporting Title IX Challenge to Fresno State

Equal Rights Advocates and 17 other public interest groups have filed an amici brief with the 9th Circuit Court of Appeals supporting the Fresno State Title IX appeal by female student-athletes fighting for gender equality for all women athletes at the school.

The brief submitted by ERA argues that the lower court’s decision – ruling that student-athletes from one team cannot file class action lawsuits on behalf of women athletes on other teams – goes against the very spirit of Title IX as Congress defined it 50 years ago, as well as decades of established Title IX legal precedent.

“We and our clients are extremely grateful that ERA and these 17 groups dedicated to gender equity are supporting this critical appeal,” said lead counsel Arthur Bryant of Bailey & Glasser, LLP, who is representing the women along with Joshua Hammack, Cary Joshi, and Lori Bullock of Bailey Glasser and Cynthia Chapman, Mike Caddell, and Amy Tabor of Caddell & Chapman.

The amici curiae joining in the brief are:

Equal Rights Advocates
American Association of University Women
American Civil Liberties Union of Northern California
American Civil Liberties Union of Rhode Island
California Women’s Law Center
End Rape On Campus
Family Violence Appellate Project
Family Violence Law Center
Legal Aid at Work
Legal Momentum, The Women’s Legal Defense and Education Fund
National Organization for Women
Public Counsel
Southwest Women’s Law Center
The Drake Group, Inc.
VOICEINSPORT
VOICEINSPORT Foundation
Women’s Law Project
Women’s Sports Foundation

Follow the link to read more about the brief submitted by the amici and to read Plaintiffs’ opening brief.

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.

Panida Anderson Moderates Virtual Panel: “How to Find a Lawyer,” on Friday, July 21, 2023

Bailey Glasser lawyer Panida Anderson, immediate past President of the Thai American Bar Association, Panida Anderson will moderate a virtual panel called “How to Find a Lawyer,” hosted in collaboration with the Thai Embassy, the Thai American Bar Association, the Thai Community Development Center, and the Thai American Samakkee Coalition.

This webinar will be hosted in the Thai language and will focus on how to research and find an attorney. The virtual event will be held on Friday, July 21, 2023 at 3pm EST, featuring immigration attorneys Phatchara Udomsin and Tammy Sumontha. For more information, click here.

Four Legal Services Agencies Designated Cy Pres Award Recipients in Mortgage Class Action Settlement

Bailey & Glasser, LLP is pleased to announce that four legal service organizations across Pennsylvania have been designated recipients of $21,228.93 each in cy pres awards from the mortgage class action settlement in Dutcher v. Shellpoint. The organizations, the Community Legal Services of Philadelphia, MidPenn Legal Services, Legal Aid of Southeastern Pennsylvania, and the North Penn Legal Services, all assist indigent Pennsylvanians facing housing insecurity.

Cy pres awards allow for the distribution of leftover funds from a lawsuit settlement to be disbursed to charitable organizations whose missions generally align with the purpose of the lawsuit. Attorney Larry Lederer is “delighted that the court approved the distribution of unclaimed money from the settlement to these legal aid organizations, each of which has helped thousands of families with critical legal issues such as avoiding evictions and foreclosures or gaining access to SNAP and disability benefits. These services are vital to the public and an important aspect of the legal community.”

Debby Freedman, Executive Director of the CLS, expressed their gratitude for the award. “Because of your commitment to justice, CLS can continue to help struggling Philadelphians when they face urgent crises that threaten their homes, jobs, and families. Your strong support has fueled this work and allowed us to respond to new challenges for our clients and communities.”

Bailey & Glasser, LLP Adds Lawyer Mark A. Rota to its Corporate Practice Group in Washington, D.C.

July 10, 2023: Bailey & Glasser, LLP has added lawyer Mark A. Rota to its national Corporate Practice Group in the firm’s Washington, D.C. office, the firm announced today.

“We warmly welcome Mark Rota to Bailey Glasser,” said Jonathan Deem, the Corporate Practice Group Leader. “His experience and energy are welcomed to the team, and the combination of his corporate and government experience will be a wonderful asset to our clients.”

As part of Bailey Glasser’s Corporate Practice Group, Mark will assist clients on matters representing the full spectrum of business interests and industries, from solo entrepreneurs to multi-national corporations, from energy companies to government agencies and entertainment companies. Mark joins a dynamic corporate department that regularly represents corporations across the country in multi-million-dollar transactions, mergers and acquisitions, commercial contracting, business reorganization, and equity and debt financing.

Mark’s experience spans multiple industries including international dispute resolution, government administration, and political consulting. Prior to joining Bailey Glasser, Mark worked as in-house counsel for a large international biopharmaceutical company. He also has experience in international financial transactions, regulations in the equities and sovereign wealth markets, cross-border business negotiations, and corporate legal advising. Mark possesses a strong understanding of the political system, having worked in both local and federal government, and in government relations.

Mark is admitted to the bars of New Jersey, Pennsylvania, and Washington, D.C. He holds a dual J.D./Master of Arts in International Relations and Affairs from the American University, Washington College of Law, with a focus on international finance, business negotiations, and alternate dispute resolution. Mark also possesses a bachelor’s degree in sociology with a minor in finance from the University of Colorado.

For more about Mark, please visit here.

Bailey Glasser’s Precedential Appellate Victory Against “Sandbagging, Disbarred Attorney” Profiled in Law360

Law360 profiles a win by Bailey & Glasser, LLP before the United States Court of Appeals for the Fourth Circuit. The article, “‘Sandbagging’ Sinks Disbarred Atty’s Appeal Of Sanctions” details the case and appeal, which affirmed an $828,000 default judgment as sanctions against a disbarred attorney-turned-telemarketing defendant and his cohorts who concealed key discovery and disobeyed court orders.

Bailey Glasser partner Sharon Iskra originally filed the lawsuit on behalf of Diana Mey in 2019 in the Northern District of West Virginia after Ms. Mey received a flood of unwanted telemarketing phone calls concerning debt relief. The suit alleged violations of the Telephone Consumer Protection Act (TCPA) and West Virginia Consumer Credit and Protection Act (WVCCPA) for illegally contacting Ms. Mey despite her registration on the national “Do Not Call” phone list and her repeated requests that the calls stop.

During the three years of ensuing litigation, Iskra uncovered that the defendants not only evaded discovery concerning their joint enterprise but had actively concealed over 15 shared companies, some of which had been formed while discovery was in progress. The district court agreed that the defendants had engaged in a “pattern of concealing discoverable material” and repeatedly balked at orders, resulting in the court sanctioning them with the default judgment in April 2022.

Bailey Glasser attorney Benjamin Hogan skillfully defended the award before the Fourth Circuit. In a unanimous, published opinion, the three-judge panel affirmed default judgment as an appropriate sanction for Defendants’ “relentless sandbagging and failure to disclose discoverable materials.”

Read the full Law360 article here, and to learn more about this case and read the opinion visit our website.

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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