Benjamin Bailey appointed again to lead a massive multidistrict litigation

On Thursday, U.S. District Judge Charles Breyer in San Francisco appointed Benjamin Bailey to serve on the Plaintiffs Steering Committee in a multidistrict class-action litigation in the Volkswagen diesel emissions scandal.

This case affects hundreds of thousands of owners of Volkswagen, Audi and Porsche diesel vehicles. These vehicles included software designed to cheat emissions testing by showing acceptable nitrogen oxide (NOx) emissions during laboratory tests prescribed by the Clean Air Act, while far exceeding those emissions in real-world driving. Nitrogen oxides are a family of poisonous, highly reactive gases, and play a major role in the smog problems across the United States.

Scores of lawyers across the country applied to serve in leadership roles. Judge Breyer selected Elizabeth Cabraser of the law firm of Lieff Cabraser, based in San Francisco, to serve as Plaintiff's lead counsel, and selected 19 other lawyers in addition to Bailey to comprise the Plaintiffs' Steering Committee. 

"I'm deeply honored by the trust Judge Breyer placed in me," Bailey said. "Volkswagen's deceit harmed not only VW purchasers, who thought they were buying a clean diesel automobile, but also regulators across the country, diesel manufacturers who play by the rules, and the environment. Elizabeth Cabraser is an extraordinary lawyer, and I look forward to working with her and the remarkable team of lawyers the Judge appointed, to bring this essentially unprecedented case to a swift and fair conclusion."

Service on this committee will not be a new experience for Bailey. Bailey served on the plaintiffs’ economic loss steering committee in actions against Toyota for its sudden unintended acceleration issues — an action that settled for $1.6 billion. Another Bailey Glasser partner, Eric Snyder, also served on the plaintiffs committee for personal injury/wrongful death lawsuits in that action.

Bailey Glasser has extensive experience in such multidistrict and nationwide litigation, including antitrust litigation against Microsoft, a nationwide class-action lawsuit against H&R Block for its refund anticipation loans, a current MDL representing a nationwide class of consumers over violations of the Telephone Consumer Protection Act, and many others listed on the firm's website. "This appointment is really a recognition of all the fine work the women and men in our law firm do every day, for all our clients," Bailey added.

Ben Bailey founded Bailey Glasser with Brian Glasser in 1999. Prior to that, he spent two years as a clerk to the Honorable John T. Copenhaver, Jr., two years as a federal prosecutor, four years as Counsel to the Governor of West Virginia and 10 years as a litigation partner at a large Charleston, West Virginia, law firm. Bailey plays a leading role in many of Bailey Glasser’s most challenging cases. He has represented the State of West Virginia in Washington, D.C., in the state’s challenge to US EPA's most recent efforts to restrict mountaintop mining in Appalachia. He’s also handled complicated criminal defense cases and tackled appellate work for both plaintiffs and defendants.