Benjamin L. Bailey

209 Capitol Street
Charleston, WV  25301
T: 304.345.6555
F: 304.342.1110
E: click here for email


  • High Stakes Litigation
    • Complex Commercial Litigation
    • Products Liability-Personal Injury
    • Criminal Defense and Internal Investigations
    • Class Actions-Mass Torts
    • Energy and Environment
    • Appellate
  • Corporate & Finance


    • J.D., 1980 - Harvard Law School
    • B.A., 1975, magna cum laude - Washington & Lee University

    Ben is a trial and appellate lawyer. His favorite legal habitat is the courtroom. He spent his first eight years following law school in public service -- two years as a law clerk to the Honorable John T. Copenhaver, Jr., two years as a federal prosecutor, and four years as Counsel to the Governor of West Virginia.

    Because no good deed goes unpunished, Ben has been trying cases, or preparing to try them, ever since. After ten years as a litigation partner at a large Charleston, West Virginia law firm, he and Brian Glasser formed Bailey & Glasser in 1999.  Ben plays a leading role in many of the firm's most challenging cases.  His recent work includes:

    • Currently serving as one of twenty-three lawyers on the Plaintiffs' Steering Committee for the Volkswagen Diesel Emissions MDL pending in the Northern District of California,
    • Serving as one of nine lawyers in the country on the Plaintiffs' Lead Counsel Committee for the Economic Loss Cases in the Toyota Sudden Acceleration MDL in the Middle District of California, which settled for $1.6 billion,
    • Representing the State of West Virginia in Washington, D.C., in its challenge to US EPA's most recent efforts to restrict mountaintop mining in Appalachia,
    • Pursuing and defending claims for the FDIC in the collapse of Colonial Bank, one of the largest mortgage warehouse lenders in the Southeast,
    • Winning, with a team of Bailey & Glasser lawyers, an acquittal in a federal prosecution of a coal operator in southwestern Virginia, and
    • Arguing an appeal to the West Virginia Supreme Court of the largest punitive damages verdict against a nursing home in West Virginia history.

    Ben is a permanent member of the Judicial Conference of the U.S. Court of Appeals for the Fourth Circuit, a founding member of the Charleston Chapter of the American Inns of Court, and a Fellow of the American Bar Association. He serves on the national board of the Public Justice Foundation. He is AV rated in Martindale-Hubbell. Chamber U.S.A.'s Guide to America's Leading Business Lawyers rates him in the first tier of General Commercial Litigators in West Virginia, and described him as an "outstanding litigator and go-to guy." He lectures occasionally on legal ethics and trial practice issues.