Anderson T.Bailey

Partner

(T) 1.412.394.7250

With a practice focused on health care, education, and internal corporate investigations, Anderson Bailey has developed substantial experience over the last decade litigating sophisticated and complex civil cases. Recent engagements include the 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 both the health care and automotive industries.

Anderson's experience as a general litigator includes acting as lead counsel with primary responsibility for discovery, dispositive motion practice, settlement negotiation, and appeals. He has successfully briefed and argued dispositive motions and upheld favorable judgments on appeal. 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 has spent 40 years in prison, Anderson recently obtained post-conviction DNA testing and is now seeking a new trial based on the results. In another civil rights case, he also recently negotiated a settlement valued at $2 million for a client alleging abuse by prison staff.

Experience

  • 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 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 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.
  • Education Management Corporation defends federal and state False Claims Act allegationsJones Day is defending Education Management Company (EDMC) against a False Claims Act action brought by private relators and joined by the federal government, several states and the District of Columbia.
  • Federal judge rules that state law prohibiting post-conviction access to DNA testing violates due processIn the first case to find a constitutional right to DNA testing since the Supreme Court clarified this developing area of the law, a federal judge has held that Pennsylvania's post-conviction DNA testing procedures violated the Due Process Clause and that testing should be ordered to determine whether Jones Day client Emmitt Grier was wrongly convicted of rape in 2000.
  • Vaquería Tres Monjitas successfully opposes Supreme Court review of regulatory taking caseJones Day was retained by Vaquería Tres Monjitas to oppose a petition for certiorari in the U.S. Supreme Court filed on behalf of government officials and supported by twenty-six States.
  • Alderwoods prevails in trial case of alleged employment retaliationJones Day represented Alderwoods Group, Inc. in an alleged employment retaliation case.
  • Jones Day files amicus brief urging the Supreme Court to clarify the constitutionality of “viewpoint discrimination” under the First AmendmentOn behalf of the Indian River School District in Delaware, Jones Day prepared and submitted an amicus curiae brief to the United States Supreme Court seeking clarification of the competing First Amendment principles that are at stake when protected speech is prohibited from public schools.
  • KidsVoice, an organization that protects children's rights, receives appellate help in juvenile courtJones Day Pittsburgh represented KidsVoice, an organization that protects children's rights and guides them through the court process, in its appeal of a juvenile-court decision that would have allowed the detention in secure lockup facilities of juveniles who are not delinquent.
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