Benjamin L. Bailey
209 Capitol Street
Charleston, WV 25301
Tel: 304-345-6555
Fax: 304-342-1110
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Benjamin L. Bailey
Ben is a trial and appellate lawyer. His favorite legal habitat is the courtroom. He has successfully handled a broad variety of cases for clients as diverse as the State of West Virginia, major international insurance and manufacturing businesses, gaming companies, public officials from both major political parties, and nice people wrongly accused of murder.
Ben spent his first eight years following law school in public service. After two years as a law clerk to the Honorable John T. Copenhaver, Jr., he served two years as an Assistant United States Attorney for the Southern District of West Virginia. His principal prosecutorial focus was fraudulent coal tax shelters. After that, he became Counsel to the Governor of West Virginia for four years.
Because no good deed goes unpunished, Ben has been trying cases, or preparing to try them, ever since leaving public service. After ten years as a litigation partner at a large Charleston, West Virginia law firm, he and Brian Glasser formed Bailey & Glasser in 1999. Some of his higher-profile cases since then include defending the State of West Virginia in a landmark attack by environmental groups on the state's regulation of mountaintop removal mining, prosecuting the state's antitrust case against Microsoft, extricating a railroad products manufacturer from West Virginia's mass asbestos trials, and successfully pursuing a CERCLA and RCRA action on behalf of the citizens of Cheshire, Ohio against one of the nation's biggest electric utilities.
Unlike many lawyers today, Ben actually tries cases. For example, in the last three years, he has successfully concluded three trials in an environmental matter, a legal malpractice case and a murder trial for a prominent businessman who killed a man in self-defense.
Ben is a permanent member of the Judicial Conference of the U.S. Court of Appeals for the Fourth Circuit and a founding member of the Charleston Chapter of the American Inns of Court. He is Chairman of the Criminal Law Committee of the West Virginia State Bar. 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.
Bar Admissions
West Virginia, 1980
Government Experience
Counsel to the Governor of West Virginia, 1984-1986
Assistant U.S. Attorney for the Southern District of West Virginia, 1982-1984
Law Clerk, Hon. John T. Copenhaver, Jr., U.S. District Court for the Southern District of West Virginia
Memberships and Affiliations
West Virginia Bar Association
West Virginia State Bar
Hon. John A. Field, Jr., Inn of Court
Permanent Member, Judicial Conference for the U.S. Court of Appeals for the Fourth Circuit
Select Reported Cases
U.S. v. Daily Gazette Co., 2008 WL 4610311 (S.D. W.Va. 2008)
U.S. v Pauley, 511 F.3d 468, (4th Cir 2007)
Citizens Against Pollution v. Ohio Power Co., 484 F.Supp.2d 800 (S.D. Ohio 2007)
Banks v. Paul White Chevrolet, Inc., 629 S.E.2d 792 (W.Va. 2006)
Pipemasters, Inc. v. Putnam County Com'n, 625 S.E.2d 274, (W.Va. 2005)
Sydenstricker v. Mohan, 618 S.E.2d 561 (W.Va. 2005)
Mason v. Mason, 607 S.E.2d 434 (W.Va. 2004)
Icenhour v. Continental Ins. Co., 365 F.Supp2d 743 (S.D. W.Va. 2004)
Ark Land Co. v. Harper, 599 S.E.2d 754 (W.Va. 2004)
In re West Virginia Asbestos Litigation, 592 S.E.2d 818 (W.Va. 2003)
Hively v. Merrifield, 575 S.E.2d 414 (W.Va. 2002)
State ex rel. Dunlap v. Berger, 567 S.E.2d 265 (W.Va. 2002)
Bragg v. West Virginia Coal Ass'n., 248 F.3d 275 (4th Cir. 2001)
State ex rel. League of Women Voters of West Va. v. Tomblin, 550 S.E.2d 355 (W.Va. 2001)
West Virginia Highlands Conservancy v. Norton, 147 F.Supp.2d 474 (S.D. W.Va. 2001)
Ohio River Valley Environmental Coalition, Inc. v. Callaghan, 133 F.Supp.2d 442 (S.D. W.Va. 2001)
Columbia Gas Trans. Corp. v. Burdette Realty Imp., Inc., 102 F.Supp.2d 673 (S.D. W.Va. 2000)
Bragg v. Robertson, 83 F.Supp.2d 713 (S.D. W.Va. 2000)
Bragg v. Robertson, 190 F.R.D. 194 (S.D. W.Va. 1999)
Bragg v. Robertson, 72 F.Supp.2d 642 (S.D. W.Va. 1999)
AmTote Intern., Inc. v. PNGI Charles Town Gaming Ltd. Liability Co., 66 F.Supp.2d 782 (N.D. W.Va. 1999)
State ex rel. Shrewsberry v. Hrko, 527 S.E.2d 508 (W.Va. 1999)
State ex rel. West Va. Regional Jail and Correctional Facility Auth. v. West Va. Investment Mgmt. Bd., 508 S.E.2d 130 (W.Va. 1998)
McCormick v. Allstate Ins. Co., 505 S.E.2d 454 (W.Va. 1998)
Pennington v. Allstate Insurance Co., 503 S.E.2d 267 (W.Va. 1998)
U.S. v. Westmoreland, 982 F.Supp. 376 (S.D.W.Va. 1997)
Court Admissions
U.S. Supreme Court
U.S. Court of Appeals for the Fourth Circuit
U.S. District Court for the Northern District of West Virginia
U.S. District Court for the Southern District of West Virginia
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Practice Areas
Energy and Environment
Insolvency Litigation and Bankruptcy
Litigation
Education & Honors
J.D., 1980
Harvard Law School
B.A., 1975
magna cum laude
Washington & Lee
University
- Phi Beta Kappa
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MORGANTOWN, WV 
