 |
As we move forward into September please enjoy some of the firm's highlights from August. Read about exciting ground breaking ceremonies and case outcomes from our dedicated partners and members.
|
 
Bailey & Wyant, PLLC obtain dismissal with prejudice on behalf of a local County Commission.
Bailey&Wyant PLLC's Managing Partner Charles R. Bailey and Equity Member John P. Fuller obtained a dismissal, with prejudice, on behalf of a local County Commission, elected Sheriff and several Deputies.
The Plaintiff had alleged that he was wrongfully arrested pursuant to a valid arrest warrant issued for an individual with the same name. The Court found, essentially, that the Deputies acted in good faith when arresting the wrong individual with nearly the same name.
|
Bailey&Wyant, PLLC's Martinsburg's Office obtains dismissal of 2 prosecuting attorneys, 3 offices and 3 County Commissions in civil action.
Bailey & Wyant PLLC's Martinsburg office, Member Jim Marshall and Associate Adam Strider obtained a dismissal of two prosecuting attorneys, three prosecuting attorneys offices and three county commissions in a civil action asserting violations of civil rights thru malicious prosecution and lack due process claims in federal court.
The case arose when the Plaintiff was prosecuted for domestic assault and battery in Mineral County. Following his acquittal in a jury trial, he sued the Hampshire County Prosecutor, who subsequently became the Morgan County Prosecutor, who received the report of domestic assault and battery and requested the state police to investigate. He also sued the special prosecutor who prosecuted the matter once the criminal charges were filed in Mineral County.
The Plaintiff also named the Mineral County Commission, Mineral County Prosecuting Attorney's Office, Hampshire County Commission, Hampshire County Prosecuting Attorney's Office, Morgan County Commission, and Morgan County Prosecuting Attorney's Office as Defendants. The Plaintiff alleged that he was maliciously prosecuted by all involved based on prior personal conflicts, and that his due process rights were violated by evidence being withheld prior to trial, in violation of the rule stated in Brady v. Maryland. U.S. District Judge Gina M. Groh granted the defendants' respective Motions to Dismiss. In relevant part, the Court held that the prosecutors were entitled to absolute prosecutorial immunity for every action alleged by the Plaintiff. Further, they were also entitled to qualified immunity, because the Plaintiff's allegations showed that he was investigated and charged based on probable cause, and that no Brady violation could have occurred because he was acquitted. Finally, the Court held that because there was no underlying constitutional violation, the county commissions could not be held liable either, and that prosecuting attorney's offices are not proper defendants because they are not separate entities from the county commissions.
|
Keep your message brief, friendly, and to the point.
If readers need to know more than you can fit here, add a link to an outside resource that covers the rest. Lastly, make sure the accompanying image matches the topic.
Link to Additional Resource
|
Bailey & Wyant, PLLC recognized by The State Journal as one of the Largest Lawfirms of 2020
|
Bailey & Wyant, PLLC participates in Ground Breaking Ceremony at Yeager Airport
Bailey & Wyant, PLLC's Managing Partner Charles R. Bailey participated in the ground breaking ceremony for the Marshall University Bill Noe Flight School at Yeager Airport (CRW). Chuck has served as outside general counsel for the Central West Virginia Regional Airport Authority for over 20 years. Also pictured are Jerome Gilbert, Marshall University President, U.S. Senator Joe Manchin of West Virginia, and R. Edison Hill Chairperson of CWVRAA.
|
Bailey & Wyant, PLLC defends local Veterinarian for a trial Win
Bailey & Wyant PLLC's Of Counsel, Albert C. "Abbie" Dunn Jr., won a trial in which a veterinarian was accused of having committed malpractice in failing to endure that a pet that had been euthanized and held for a period of time was not provided to the client in a physical shape that would fit within a container chosen by the client for burial. The Court held that there was no duty on behalf of the veterinarian to ensure that a euthanized pet be returned to its owner in a specific shape allowing the client to choose an undisclosed containter for burial.
|
Bailey & Wyant, PLLC granted Summary Judgment from West Virginia Supreme Court of Appeals
Bailey & Wyant, PLLC's Managing Partner, Charles R. Bailey, Member David J. Mincer, and Associate Harrison M. Cyrus obtained an Order from the West Virginia Supreme Court of Appeals affirming a Circuit Court's Order granting them Summary Judgment as to all claims in an alleged disability discrimination case.
The Plaintiff alleged that she was unlawfully terminated from her employment in the Unclaimed Property Division by the West Virginia Treasurer's Office, State Treasurer and Deputy Treasurer of Unclaimed Property in January 2013 in violation of the WV Human Rights Act. Defendants obtained evidence during discovery indicating that Plaintiff did not suffer from her claimed illness, an H. Pylori bacterial infection, and that even if she did suffer such an infection, it was temporary and minor and did not constitute a disability. Moreover, Defendants testified that Plaintiff's termination had been planned long before her claimed illness based on emails demonstrating that several months prior. The Circuit Court and Supreme Court both found that the Plaintiff failed to submit evidence sufficient to establish that she suffered from a disability. As a result, the case was dismissed in its entirety. The attorneys of Bailey & Wyant are proud to represent the State of West Virginia's agencies and are pleased they were able to obtain a dismissal on behalf of the West Virginia Treasurer's Office.
|
Please click on the link to review the latest edition of the Gavel Strikes. Bailey & Wyant PLLC is honored to partner with such a diverse and professional network of Defense Firms across the nation.
|
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
|
|
|
|
|
|
