Kate focuses her practice mainly on complex litigation, e-Discovery and plaintiff class actions. She serves as part of Bailey & Glasser’s multidistrict litigation teams focusing on automotive and medical device product liability actions and as a team member on numerous other multidistrict litigation matters across the country. Some of this work includes:
- Serving as liaison director of e-Discovery to several MDL leadership committees in various cases focusing on medical device product liability claims surrounding manufactured hernia mesh products, including working with the plaintiffs’ executive committee in Atrium Medical Corp. C-Qur Mesh Products Liability Litigation (MDL No. 2753).
- Participating as a member of Bailey & Glasser’s plaintiff steering committee team on the Volkswagen Diesel Emissions MDL in the Northern District of California, the largest automotive class action in history, with settlements predicted to exceed $10 billion.
- Serving as part of the team working with 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 and handled more than a dozen related death and serious injury cases.
Once Kate became involved in the Toyota sudden acceleration case six years ago, she knew she wanted to pursue work on complex national cases with a focus on the electronic discovery. “That sealed it for me,” she said, “complex, multidistrict product liability cases are a way to speak for those who might not otherwise have a voice.”
In addition to her litigation work, Kate is the director of the firm’s developing e-Discovery practice. Kate advises and assists clients and attorneys regarding numerous aspects of e-Discovery, including: document review strategy; use of technology and technology assisted review; collection and preservation strategy; development of case specific protocols; and training and implementation of e-Discovery practices at Bailey & Glasser. Kate is a member in various e-Discovery organizations, such as The Sedona Conference and Women in e-Discovery.
Kate graduated from West Virginia University College of Law, where she participated in the Civil Law Clinic representing clients in a variety of matters, including matters in the U.S. District Court for the Northern District of West Virginia. Upon graduation, Kate received the Order of the Barristers national honorary distinction for her written and oral advocacy skills. Before joining Bailey & Glasser, Kate completed a graduate externship with the Hon. Judge Irene M. Keeley, a now-senior status judge of the U.S. District Court for the Northern District of West Virginia.
Volkswagen “Clean Diesel” Marketing, Sales Practices, and Product Liability Litigation
Ben Bailey serves as one of twenty-three lawyers on the Plaintiffs' Steering Committee for the Volkswagen Diesel Emissions MDL pending in the Northern District of California. The Bailey & Glasser team played a central role in developing the technical and engineering parts of the case. The first round of claims in the case, involving vehicles with 2.0 liter diesel engines, settled for more than $15 billion. Mr. Bailey also served on the settlement team dealing with vehicles with the 3.0 liter engines; the settlement of that portion of the case was worth at least $1.2 billion. A $327.5 million settlement with German auto electronics supplier Robert Bosch has also been approved.
Toyota Unintended Acceleration Marketing, Sales Practices, and Product Liability Litigation
In 2009, we filed one of the first wrongful death actions alleging sudden-acceleration defects in a Toyota Camry. Ultimately, our lawyers were appointed to key MDL leadership roles in what came to be, at the time, one of the largest products liability cases ever filed. Ben Bailey served on the plaintiffs’ lead counsel committee pursuing economic-loss damages; Eric Snyder serves in the same capacity on the committee pursuing personal injury claims. The firm played a leading role in developing expert testimony on the sudden acceleration defect in 2002-2010 Toyota vehicles. The economic-loss claims settled for $1.6 billion. Hundreds of personal injury claims have also been settled; dozens remain pending.
T.P., et al. v. Kanawha County Board of Education
A sexual abuse case against the local Board of Education on behalf of three teenage victims. The case settled before trial for a total of $3 million for all plaintiffs.
In Re: Atrium Medical Corp. C-Qur Mesh Products Liability Litigation (MDL No. 2753)
David Selby, II, serves on the Plaintiffs’ Executive Committee for the Atrium Medical Corp. C-Qur Mesh Products Liability Litigation (MDL No. 2753). This MDL consolidates federal lawsuits from all across the country against Atrium Medical Corporation. The lawsuits allege that the C-Qur Mesh manufactured by Atrium is made of polypropylene with an outer coating derived from fish oil. The lawsuits claim the fish oil coating on C-Qur mesh produces an allergic or inflammatory reaction that has caused serious injuries, including, organ perforations and bowel obstructions.