1. Healthcare

Attorney
209 Capitol Street
Charleston, WV 25301
T: 304.345.6555
F: 304.342.1110
[email protected]
Practices
- High Stakes Litigation
- Complex Commercial Litigation
- Class Actions-Mass Torts
- Insolvency & Bankruptcy
- Labor, Employment and Employee Benefits
- Products Liability-Personal Injury
- Whistleblower-False Claims Act
John W. Barrett
Biography
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 civil rights and consumer matters from intake through trial and appeal in federal and state
courts in West Virginia. Since joining Bailey & Glasser in 2005, John has played a leading role in
expanding the firm's successful class action and mass tort practice to multi-state and nationwide matters.
He has achieved an AV Preeminent rating from Martindale-Hubbell, the highest possible rating for legal
ability and ethical standards.
Professional Involvement
Bar Admissions
West Virginia, 1997
Massachusetts, 2014
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
Member, Visiting Committee, WVU College of Law
Past President, West Virginia Land Trust
Member, The Greater Kanawha Valley Foundation, Distributions Committee
National Association of Consumer Advocates
West Virginia and American Associations for Justice
Public Justice
ABA, Litigation Section, Class Actions and Derivative Suits Committee
Director and Secretary, Dickinson Fuel Co., Inc.
President of Our Vote, Our Future, a West Virginia anti-poverty organization
Prior Experience
Executive Director, Common Cause West Virginia, 1990-1993
Court Admissions
U.S. Supreme Court
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. District Court for the Northern District of West Virginia
U.S. District Court for the Southern District of West Virginia
U.S. District Court for the Eastern District of Michigan
U.S. District Court for the Western District of Michigan
U.S. District Court for the Northern District of Illinois
U.S. District Court for the District of Colorado
Supreme Court of Appeals of West Virginia
Commonwealth of Massachusetts
Cases
Ooten v. Massey Coal
Our lawyers were co-lead counsel in a two-phase, six-week jury trial alleging a Massey Coal subsidiary
damaged the groundwater supplies of coalfield residents; total cash recovery was $3.2 million, plus
injunctive relief. The case was virtually unprecedented, both in the sheer numbers of plaintiffs involved
and the claims alleged.
Brooks v. City of Huntington
Our team won a 2011 jury trial for 40 Huntington residents whose homes and properties were flooded by
a municipal stormwater control system; the total recovery exceeded $1 million. When the City’s system
again caused flood damages, we sued again in 2012, and, after another jury trial, obtained a second
million-dollar judgment—currently on appeal.
State of West Virginia v. Microsoft Corporation
Our lawyers served as special assistant attorneys general for the State of West Virginia in antitrust and
consumer protection action against Microsoft Corporation; the case settled for a total value of $21
million.
Mey v. Herbalife Int’l, Inc.
We were brought in by a team of lawyers to help prosecute class action claims under the Telephone
Consumer Protection Act. The case settled for $7 million, at the time one of the largest TCPA robocall
telemarketing settlements since the statute was enacted in 1991.
Spencer v. Rent-A-Center, Inc.
We brought the first ever case under West Virginia’s rent-to-own statute. After the lawsuit, filed in federal
district court, was sent to the West Virginia Supreme Court on certified questions, the case settled for
more than $3.5 million, plus injunctive relief.
Shonk Land Company, LLC v. SG Sales Company
We brought and settled ($2.4 million) a nationwide class action alleging illegal fax advertising under the
Telephone Consumer Protection Act.
Muhammad v. National City Mortgage, Inc.
We filed and settled ($700,000) a West Virginia loan servicing class action alleging National City Bank
charged late loan-payment fees in violation of state law.
Brailsford v. Jackson Hewitt, Inc.
Brought class action against Jackson Hewitt, Inc. for class of California consumers who purchased the
tax preparer’s refund anticipation loan product; settled for $672,000.
Triplett v. NationStar Mortgage
Won $1.5 million loan-servicing settlement alleging illegal assessment of mortgage loan default-fees.
Dunlap v. Wells Fargo Financial West Virginia, Inc.
We litigated and obtained class certification of predatory lending claims for over 100 West Virginia
mortgage borrowers. The case, brought under West Virginia's consumer protection statutes, settled for
just over $9 million, a sum that wrote down more than $4.9 million in mortgage balances, paid $4.15
million in cash, and helped borrowers repair damaged credit.
Cummins v. H&R Block, Inc.
In a case litigated for five years in venues ranging from the West Virginia trial and appellate courts, to
federal district courts in West Virginia and Illinois, to the United States Supreme Court, our lawyers
served as lead counsel in winning a $62.5 million multistate class action settlement against H&R Block.
The case involved first-impression claims relating to the application of West Virginia’s credit-services
organization statute to Block’s refund anticipation loan product. Other firms across the country litigated
cases against Block alleging similar claims, without success, for more than ten years. West Virginia’s
share of the settlement was $32.5 million.
Desai v. ADT Security
We served on a team of lawyers that won one of the largest ever vicarious-liability TCPA settlements –
$15 million for a nationwide class of consumers subjected to nuisance telemarketing calls.
Anderson v. National City Bank
We were brought in by a respected legal services firm six months before trial as co-lead counsel in a
certified predatory-lending class action in West Virginia state court. The case settled for $8.1 million, a
sum that completely paid off more than fifty mortgage loans, and made additional cash payments to
class members of up to $34,000 each.
Casto v. City National Bank
$5.5 million settlement in West Virginia class action alleging improper overdraft-fee practices.
Dillon v. Chase Bank
Our lawyers were class co-counsel with the public interest firm Mountain State Justice, and won a $3.3
million class action settlement for West Virginia borrowers who alleged illegal loan-servicing claims.
Education
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J.D., 1996, cum laude; Edward F. Hennessey Distinguished Scholar, Exec. Editor, Public Interest Law
Journal, Dean's Scholar in Labor Law - Boston University School of Law
B.A. English, 1988 - University of Pennsylvania