John W. Barrett
209 Capitol Street
Charleston, WV 25301
Tel: 304-345-6555
Fax: 304-342-1110
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John W. Barrett
A partner in the firm, John concentrates his practice in class actions and complex litigation and is experienced in trial and appellate work. John leads the consumer class action practice group, which litigates cases involving predatory lending, illegal loan servicing, antitrust, and other state and federal consumer law matters.
John has devoted his career to protecting the rights of consumers and employees wronged by unethical and unlawful business practices. After clerking for Chief Judge Haden, John practiced in a two-person firm, handling employment and consumer matters from intake through trial and appeal in federal and state courts in West Virginia. Since joining Bailey & Glasser in 2005, his and the firm's class action practice has expanded to multi-state and nationwide matters.
Bar Admissions
West Virginia, 1997
Government Experience
Law Clerk, Chief Judge Charles H. Haden II, U.S. District Court for the Southern District of West Virginia, 1996-1998
Memberships and Affiliations
President, West Virginia Land Trust
National Association of Consumer Advocates
West Virginia and American Associations for Justice
Public Justice
ABA, Litigation Section, Class Actions and Derivative Suits Committee
Prior Experience
Executive Director, Common Cause West Virginia, 1990-1993
Selected Jury Verdicts and Class Action Settlements
Cummins v. H & R Block, Inc., Civil Action No. 03-C-134 (Circuit Court of Kanawha County, W.Va.) – consumer class action resulting in final approval of $62.5 million multistate settlement
State ex rel. Darrell V. McGraw v. Microsoft Corporation, Civil Action No. 01-C-197 (Circuit Court of Boone County, W.Va.) – parens patriae antitrust and consumer protection action; total settlement value $21 million
Anderson v. Provident Bank, Civil Action No. 04-C-199 (Circuit Court of Mercer County, W. Va.) – predatory mortgage lending class action settled for $8.1 million on behalf of 140 class members
Mey v. Herbalife International, Inc., Civil Action No. 01-C-263 (Circuit Court of Ohio County, W.Va.) - $7 million nationwide class action settlement alleging violations of the federal Telephone Consumer Protection Act
Hardwick v. Rent-A-Center, Inc., Civil Action No 3:06-0901 (S.D. W. Va.) – consumer class action brought under W. Va. Consumer Goods Rental Protection Act; received final approval of settlement paying $3.5 million cash, plus other relief and price reductions
Ooten v. Massey Coal Services, Inc., Civil Action No. 02-C-03 (Circuit Court of Mingo County, W. Va.) – six-week bifurcated jury trial alleging coal mining damaged groundwater supplies and homes; verdict for plaintiffs, with a total recovery over $3.2 million
Shonk v. SG Sales Company, Civil Action No 07-C-1800 - $2.45 million class action settlement alleging violations of the Federal Telephone Consumer Protection Act; final approval pending.
Muhammad v. National City Mortgage Co., Civil Action No 2:07-423 (S.D. W. Va.) – illegal mortgage loan servicing consumer class action brought under W. Va. Consumer Credit and Protection Act; received final approval of $700,000 settlement
Brailsford v. Jackson Hewitt, Inc., Case No. 06-00700 (N.D. Cal.) – consumer class action for class of California consumers; settled for $672,000
Jeffrey v. Mingo-Logan Coal Co., Civil Action No.02-C-255 (Circuit Court of Mingo County, W. Va.) – jury trial for five plaintiff families who alleged coal mining destroyed groundwater supplies; verdict for plaintiffs resulting in total recovery of over $360,000, plus injunctive relief requiring provision of public water to residents
Hackworth v. Telespectrum, Inc., Civil Action No. 3:04-1271 (S.D. W.Va.) – WARN Act class action settled for $185,000
Select Reported Cases
Banks v. Paul White Chevrolet, Inc., 629 S.E.2d 792 (W.Va. 2006) (illegal debt collection under W. Va. Consumer Credit and Protection Act)
Mason v. Mason, 607 S.E.2d 434 (W.Va. 2004) (mediation of child custody disputes; pro bono representation)
Ark Land Co. v. Harper, 599 S.E.2d 754 (W.Va. 2004) (setting new standard for partition sale of family-owned land)
Dunlap v. Friedman's, Inc., 582 S.E.2d 841 (W.Va. 2003) (statute of limitation under W. Va. Consumer Credit and Protection Act)
State ex rel. Dunlap v. Berger, 567 S.E.2d 265 (W.Va. 2002), cert. denied, 537 U.S. 1087 (setting legal standard for determining enforceability of consumer arbitration agreements in adhesion contracts)
Muovich v. Raleigh County Bd. of Educ., 58 Fed.Appx. 584, 2003 WL 550389, 174 Ed. Law Rep. 834, 25 NDLR P 205 (4th Cir. 2003) (affirming $300,000 jury verdict for schoolteacher in disability discrimination claim under W. Va. Human Rights Act)
Friedman's, Inc. v. Dunlap, 290 F.3d 191 (4th Cir. 2002), cert. denied, 537 U.S. 1087 (consumer arbitration and federal jurisdiction)
West Virginia Highlands Conservancy v. Norton, 190 F.Supp.2d 859 (S.D. W.Va. 2002) (citizen suit against Department of Interior under federal mining laws)
Court Admissions
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
J.D., 1996
cum laude
Boston University
School of Law
- Edward F. Hennessey
Distinguished Scholar
- Exec. Editor, Public
Interest Law Journal
- Dean's Scholar in
Labor Law
B.A., English, 1988
University of Pennsylvania
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MORGANTOWN, WV 
