Anderson T.Bailey

Partner

Pittsburgh + 1.412.394.7250

With a practice focused on products liability, health care, and internal corporate investigations, Anderson Bailey has developed substantial experience over the last decade litigating sophisticated and complex civil cases. Some representative matters include a precedential opinion from the Seventh Circuit directing judgment for defendants in consolidated product liability cases, a successful arbitration of breach-of-contract claims against a health insurer that resulted in the recovery of $188 million in unpaid hospital reimbursements, the defense of multibillion dollar claims under the False Claims Act, and the defense of fraud allegations against a public company's board of directors that were dismissed in their entirety. Anderson also has recently helped secure favorable results for clients facing antitrust claims in the health care and automotive industries.

Anderson's experiences as a general litigator include primary responsibility for trial strategy, discovery, dispositive motion practice, settlement negotiation, and appeals. He has successfully briefed and argued dispositive motions, upheld favorable judgments on appeal, and obtained reversals of unfavorable judgments. On larger case teams, Anderson is typically engaged with developing case strategy and coordinating motion practice and briefing efforts.

Anderson also maintains an active pro bono practice. He has led cases seeking post-conviction access to DNA testing. He briefed and argued a successful challenge on novel due process grounds to Pennsylvania's procedures for accessing such testing. On behalf of another client who spent 40 years in prison, Anderson recently obtained a new trial on murder charges following a successful en banc proceeding before the Pennsylvania Superior Court. In another civil rights case, he negotiated a settlement valued at $2 million for a client alleging abuse by prison staff.

Experience

  • Sherwin-Williams wins appellate decision from Seventh Circuit affirming defense judgments in more than 150 coordinated lead-pigment casesJones Day client The Sherwin-Williams Company recently won a decision from the Seventh Circuit affirming final judgments in several coordinated cases against approximately 150 personal injury plaintiffs.
  • Directors of D.C. religious nonprofit win complete dismissal of claims alleging fiduciary violations and breach of contractJones Day secured dismissal of a longstanding suit against a D.C. religious nonprofit and its directors. In August 2022, the D.C. Court of Appeals reversed a $530 million judgment against the directors, vindicating their rights under the First Amendment.
  • Sherwin-Williams wins precedential, en banc decision dismissing public nuisance claims involving 300,000 private propertiesJones Day client The Sherwin-Williams Company won dismissal of claims filed by two Pennsylvania counties alleging that former manufacturers of lead paint and pigments should be ordered to abate lead paint in all the pre-1978 homes within their jurisdictions.
  • Sherwin-Williams obtains favorable decision from Seventh Circuit in personal injury casesA Jones Day cross-office, cross-practice team obtained a precedential decision from the Seventh Circuit that directed judgment as a matter of law for The Sherwin-Williams Company following a consolidated trial of three personal injury plaintiffs claiming injury from their exposure to white lead carbonate pigments (WLC).
  • UPMC obtains federal officer removal in putative digital data privacy class actionOn behalf of a University of Pittsburgh Medical Center (UPMC), Jones Day removed a digital privacy case to federal court, asserting two separate bases for federal jurisdiction.
  • Prisoner obtains settlement in civil rights case against Pennsylvania Department of Corrections officersJones Day successfully represented plaintiff Robert Thomas against Pennsylvania Department of Corrections officers in an action alleging civil rights violations relating to an incident that took place at the State Correctional Institution in Greene County, Pennsylvania.
  • UPMC defends lawsuit seeking to recoup $300 million in oncology reimbursement paymentsJones Day is defending the University of Pittsburgh Medical Center (UPMC) against a lawsuit filed by Blue Cross Blue Shield insurer Highmark Inc. in September 2014 against UPMC and its subsidiary hospitals seeking to recoup $300 million in past oncology reimbursements.
  • UPMC prevails in trial before Commonwealth Court of PennsylvaniaJones Day won a bench trial on behalf of the University of Pittsburgh Medical Center ("UPMC"), one of the nation's preeminent integrated healthcare systems.
  • UPMC awarded summary judgment against Highmark in claims concerning federal sequestration cutsJones Day client University of Pennsylvania Medical Center (UPMC) prevailed on claims that health insurer Highmark Inc. breached contracts with UPMC for the provision of health care services to subscribers of Highmark's Medicare Advantage plans.
  • UPMC prevails before the Pennsylvania Supreme CourtFollowing a decision from the Pennsylvania Commonwealth Court, Jones Day led an expedited appeal to the Pennsylvania Supreme Court that resulted in a complete victory for the University of Pittsburgh Medical Center ("UPMC"), one of the nation's preeminent integrated healthcare systems.
  • Erie defends claims in auto body shop MDL proceedingJones Day is defending Erie Indemnity Company affiliates Erie Insurance Exchange and Erie Insurance Company (together, "Erie") in three federal antitrust lawsuits pending in multidistrict litigation.
  • UPMC resolves consumer class action alleging conspiracy to foreclose competitionJones Day defended the University of Pittsburgh Medical Center (UPMC) against an antitrust consumer class action in which plaintiffs assert that UPMC and Highmark Inc. conspired to foreclose competition.
  • UPMC awarded over $188 million in arbitration with Highmark over rates for outpatient oncology servicesJones Day client University of Pittsburgh Medical Center ("UPMC") won over $188 million in arbitration against health insurer Highmark Inc.
  • Education Management Corporation obtains dismissal of wide-ranging fiduciary duty complaint against board of directorsJones Day, as counsel to Education Management Corporation and acting in conjunction with counsel to the Special Litigation Committee and individual defendants, secured dismissal of a wide-ranging derivative case alleging numerous breaches of fiduciary duty by the board of Education Management Corporation.
  • UPMC resolves two antitrust lawsuitsJones Day client the University of Pittsburgh Medical Center (UPMC) resolved two antitrust lawsuits after it moved to enforce a 2012 global settlement agreement that had been negotiated by Pennsylvania Governor Tom Corbett.
  • Texas Keystone prevails against claim brought by Excalibur VenturesJones Day successfully defended Texas Keystone Inc., a U.S. oil and gas company based in Pittsburgh, Pennsylvania, against Excalibur Ventures' $1.6 billion claim for an interest in various petroleum fields in Iraqi Kurdistan.
  • Doncasters wins post-trial motions vacating multi-million dollar punitive damages award in aviation accident caseJones Day was retained by Doncasters Inc. after trial to develop post-trial motions following an adverse jury verdict in Franklin County, Missouri.
  • Experian prevails in appeal before Second Circuit stemming from negligence actionJones Day successfully defended a judgment in favor of client Experian Information Solutions, Inc., a national consumer credit reporting agency, in an appeal to the Second Circuit.
  • Experian prevails in appeal before Sixth Circuit involving alleged inaccuracies in consumer credit reportJones Day represented Experian Information Solutions, Inc. in an appeal before the Sixth Circuit involving alleged inaccuracies in the personal credit report of a consumer.
  • LabCorp subsidiary obtains Connecticut Supreme Court reversal of $10 million judgment in employee speech-rights caseJones Day represented Laboratory Corporation of America ("LabCorp") and its subsidiary Dianon Systems, Inc. ("Dianon") in this appeal to the Connecticut Supreme Court involving free speech in the workplace.