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As we begin a new season and unbelievably the last quarter of 2020 please enjoy some of the firm's highlights from September. The members of Bailey & Wyant PLLC continue to stay safe during this time and wish you all a safe and prosperous fall season.
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Bailey & Wyant PLLC receive Best Lawyers recognition
Bailey & Wyant PLLC's Managing Partner Charles R. Bailey and Equity Member Justin C. Taylor were recognized as two of the Best Lawyers in America for 2021.
This award is achieved after being nominated and reviewed by peers in the legal industry. Congratulations to Mr. Bailey and Mr. Taylor for being recognized once again for their continued practice, dedication and commitment to excellence in the practice of law.
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Bailey&Wyant PLLC granted Summary Judgment
Bailey & Wyant PLLC's Equity Member John P. Fuller and Associate Adam Strider obtained a Summary Judgment for two Correctional Officers in a federal civil rights claim alleging that the Correctional Officers had used excessive force during a cell extraction.
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Bailey & Wyant PLLC's Wheeling office adds two wins to the books
Bailey & Wyant PLLC's Wheeling Equity Member Thomas E. Buck, Esq., and Associate Benjamin P. Visnic, Esq. won the case of Doyle v. Carter Contracting, et al. This was a construction and lender liability action brought by the plaintiff against the contracting company and the lending institution. Bailey & Wyant defended the bank against all lender liability claims brought by the plaintiff. On behalf of the lending institution they prevailed upon the Court to not find special circumstances sufficient to transform an ordinary contractual relationship between a bank and its customer into a fiduciary relationship or to impose any duties on the bank not found in the loan agreement. Mr. Buck and Mr. Visnic also successfully opposed the plaintiff's attempt to bring an independent claim for a breach of a common law duty of good faith. All claims against the lending institution were dismissed with prejudice.
See: Doyle v. Carter Contracting, et al., Civil Action No. 18-C-209 in the Circuit Court of Ohio County, West Virginia.
Bailey & Wyant successfully defended a 42 U.S.C. § 1983 claim. In this matter the plaintiff sued a municipality for deprivation of rights pursuant to 42 U.S.C. § 1983, for fraud and for various negligence claims. On behalf of the client Mr. Buck and Mr. Visnic successfully argued that the plaintiff failed to assert a cognizable § 1983 claim and that he failed to allege an actionable, procedural, or substantive due process claim. Specifically, it was found that plaintiff failed to properly substantiate a legitimate property interest of which he was deprived. Additionally, on behalf of the defendant, they prevailed in establishing that plaintiff's claims for fraudulent representation, gross negligence, and breach of contract, were barred by West Virginia Code § 29-12A-5 et seq. All of the plaintiff's claims were dismissed with prejudice.
See: Jaber v. City of Wheeling, Civil Action No. 5:20-CV-133 in the United States District Court for the Northern District of West Virginia.
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Bailey & Wyant PLLC rewarded Final Order and Level III Grievance denied
Bailey & Wyant, PLLC's Equity Member Kelly C .Morgan obtained a final order in defense of Bluefield State College. At Level III, the employee alleged retaliation because BSC would not allow him to take catastrophic leave; however, BSC terminated the employee based on the medical verification provided by his own doctor stating that he was permanently incapacitated from performing his job duties which was reasonable. While the employee made a prima facie case of retaliation, BSC provided credible evidence of legitimate nondiscriminatory reasons for its actions and the employee failed to provide that those reasons were pretextual.
Judge Bloom addressed three issues on appeal. First, the employee alleged that he had additional time available at his termination. The Court noted that said employee never argued this before the Grievance Board and thus is improper on appeal. However, if the argument had been properly raised, this argument would not change the result as remaining leave for which he was paid was not relevant.
Second, the employee argued that BSC failed to prove that the reasons for termination were a pretext. The Court finds that said employee did not cite to any authority and simply attacks the Grievance Board's factual findings and weighing of the evidence. The allegation that the Board resolved the issue in a single sentence is patently false and a mischaracterization of the Decision.
Finally, the employee argued that the ALJ refused to address his request for catastrophic leave. The Court found that the Grievance Board's findings that catastrophic leave was discretionary and his request in light of his permanent incapacitation was not a reasonable request.
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Bailey & Wyant, PLLC welcomes new Associate
Lauren was born in Albuquerque, NM but grew up in Huntington, WV. She received her Undergraduate Degree in Politics from Hendrix College in Conway, AR, May 2017 also while maintaining a starting position for 4 years on the tennis team.
Lauren graduated May of 2020 from WVU School of Law. While at WVU she was an officer and member of Moot Court and the Traveling Competition Team, Judge Liaison and Competition Chair for the 2020 WVU Law National Energy Moot Competition, and member of the Marlyn E. Lugar Trial Association and traveling competition team. She also worked as a Student Ambassador of the College of Law and was selected as a member of the Order of Barristers.
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Bailey & Wyant, PLLC attends Children's Therapy Clinic
Golf Tournament
Bailey & Wyant, PLLC's Member Michael W. Taylor and Associate Harrison M. Cyrus attended the 21st Annual Golf Tournament at Little Creek Country Club. All proceeds went to the Children's Therapy Clinic which serves families that lack sufficient income or insurance to pay for the therapy their child needs. They provide physical, occupational, speech and music therapies and an autism socialization program to improve the functional abilities of children with special needs.
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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.
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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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