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Here we are finishing up the month of July and headed into August. 2020 has been a year of firsts including remote learning, court closures, video depositions, ZOOM conferences and copious amounts of hand sanitizer and Lysol. That being said please enjoy some insights from one of our Summer Law Clerks as well as a refresher on Qualified Immunity.
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Bailey & Wyant, PLLC obtain favorable result against the City of Huntington
Bailey&Wyant PLLC's Managing Partner Charles R. Bailey and Associate Attorney Harrison M. Cyrus obtained a favorable result on behalf of a residential rental company against the City of Huntington.
The matter arose from the City of Huntington's attempt to retroactively assess and charge the residential rental company for previously unassessed municipal service fees. The City of Huntington had miscalculated the square footage of the chargeable property. After the miscalculation was brought to light, the City of Huntington attempted to correct by sending an invoice to the rental company which retroactively assessed the service fees from 2014 to the present resulting in a $35k "previous balance."
Bailey& Wyant PLLC's, Mr. Bailey and Mr. Cyrus filed a formal protest with the City of Huntington's Finance Director on behalf of the rental company. The basis for the protest was that the City's municipal ordinance does not allow the City of Huntington to retroactively assess and charge for municipal service fees.
The Protest was denied by the City of Huntington's Finance Director. An appeal was filed and after hearing the oral argument from both parties the City of Huntington Service Fee Appeal Board sided with the residential rental company and found that the City could not retroactively assess the charge. The City of Huntington was ordered to remove the "previous balance," of $35k from the rental company's service fee account.
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Bailey&Wyant, PLLC's Law Clerk shares his 2020 experience
On my very first day of remote learning, I logged onto Race Law & Lawyering, and my professor began the class by saying "Well, this is less than ideal, but I hope to make the best of it." That about sums up my online semester! It was certainly less than ideal. It was hard to ask questions of professors, because it was constantly a struggle to not accidentally talk over someone else. This is assuming, of course, that technology cooperated with some of our less than technology-savvy professors and class wasn't ruined out of hand. Not to mention, it's significantly easier to stay focused when you're sitting in a lecture hall filled with attentive students than it is when you're sitting on your couch in your living room.
But, through it all, I think a lot of us made the best of it! My school, and I think most schools throughout the country, utilized Zoom for all classes. Professors used "break out rooms" in my classes to allow us to break into groups in a way that we almost definitely would not have done in a physical class setting. They used poll features to quickly gauge class understanding and engage us in new and fun ways. While my Appellate Advocacy class was a little awkward, my professor pointed out that in an increasingly digital world, it might not be such a bad idea to practice digital arguments! Overall, not much really changed in terms of the level of excellent instruction. While there was probably less interaction between students and professors, and the interaction that still existed was more awkward, the professors met the challenge wonderfully! One thing that really worked for me, and I know I've heard this from others, was maintaining basically the same routine I had before. I still woke up early, worked from 9-5, and then relaxed only after all my work was done. I also setup a "workspace" and I did nothing but work in that spot of my apartment. It was definitely harder to stay focused but acting like nothing had changed really helped my concentration.
~Will Wasson, 3rd year Law Student, Marshall-Wythe School of Law, College of William & Mary
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Bailey & Wyant, PLLC Motion for Summary Judgment granted
Bailey & Wyant, PLLC's,Of Counsel, Albert C. "Abbie" Dunn, Jr. Esquire, filed a Motion for Summary Judgment in support of a counterclaim for breach of contract on behalf of a lender against a consumer for having failed to make timely auto loan payments, but who had then sued the lender for improper debt collection.
The Motion was unopposed and ultimately granted in favor of the Lender.
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In light of recent global developments Bailey&Wyant, PLLC informs
Based upon current events involving law enforcement officers, the topic of "qualified immunity" has emerged as a perceived bar to holding law enforcement officers accountable for their actions. But what is qualified immunity?
In this article, a brief explanation of qualified immunity will be provided to hopefully provide the reader a better understanding of this legal doctrine.
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Bailey&Slotnick, PLLC gives thanks
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Our philosophy is simple. We provide aggressive and effective legal representation, while being ever mindful of each client's individual needs, goals, and economic interests. No matter how complex or novel, our focus in a case is always to reach the right resolution for our client.
To discuss your case, e-mail us ([email protected]) or give us a call at 304.345.4222 (Charleston) or 304.233.3100 (Wheeling) or 304.901.2000 (Martinsburg).
Sincerely,
Bailey & Wyant, PLLC
304-345-4222
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