B&W off to a great start in 2022 |
|
We hope that everyone had a great holiday season. It is hard to believe that January of 2022 has come and gone. Did you know that in the Northern Hemisphere January is the second month of winter but in the Southern Hemisphere it is considered a summer month equivalent to July? Whether January means winter or summer to you it is generally recognized as a time of new beginnings. In fact, January is named after the Roman god Janus, the god of beginnings and transitions. Please continue to read about all the new developments and happenings here at Bailey & Wyant. Enjoy! |
|
Great Conference in Palm Beach, FL |
|
Equity Member John P. Fuller and Associate Samuel M. Bloom |
|
Bailey & Wyant, PLLC's Equity Member John P. Fuller and Associate Samuel M. Bloom attended The Gavel National Conference VI in Palm Beach, VL at the PGA National Resort.
This National Conference is an opportunity for Law Firm Members to host clients and to collaborate with Specialist Members to strengthen and continue to build a strong network of like minded individuals in the Defense Industry. During their time at the conference both Mr. Fuller and Mr. Bloom we able to attend multiple seminars and presentations on relevant topics to stay up to date with all the changes in our industry.
|
|
Martinsburg Office supporting the Eastern Panhandle |
|
Bailey & Wyant PLLC's Member James W. Marshall III
and Member Daniel T. LeMasters
|
|
Member James W. Marshall, III and Member Daniel T. LeMasters continue to obtain successful outcomes for their Clients in the Eastern Panhandle of West Virginia.
Attorney James W. Marshall, III and Attorney Daniel T. LeMasters are representing two Deputy Sheriffs with the Berkeley County Sheriff’s Department. The Civil Action arises out of an arrest that occurred following a high-speed pursuit on November 19, 2018. Attorney Marshall and Attorney LeMasters were able to obtain dismissal of the claims asserted against the Deputy Sheriffs. On January 7, 2022, the Court granted the motion to dismiss filed on behalf of the Deputy Sheriffs. In dismissing the claims against the Deputy Sheriffs, the Court found that the Deputy Sheriffs were entitled to qualified immunity and statutory immunity based upon the claims asserted against them.
|
|
A False Report and Conspiracy Theory |
|
Bailey & Wyant PLLC's Member Jordan K. Herrick and Associate Adam K. Strider |
|
Bailey & Wyant PLLC"s Member Jordan K. Herrick and Associate Adam K. Strider obtained summary judgment on behalf of a former healthcare worker at St. Mary's Correctional Center. The plaintiff, a former inmate, alleged that the healthcare worker filed a false report accusing the plaintiff of attempting to sexually assault her and as a result he was subjected to an unreasonable use of force in retaliation.
The Court found that the plaintiff had failed to set forth sufficient evidence that his Eighth Amendment rights were violated or that there was a conspiracy between the healthcare worker and the correctional officers whom the plaintiff claimed used unreasonable force against him.
|
|
Update from Samuel M. Bloom |
|
 |
Article by Samuel M. Bloom |
|
|
|
The West Virginia Supreme Court of Appeals entered two separate memorandum decisions on January 12, 2022 upholding the precedent in West Virginia that there is no equitable tolling of statutes of limitation. The first decision, Squires v. Sartor dealt with a personal injury action brought by the Squires. The alleged injury had occurred on April 9, 2018. The Complaint was mailed to the Wood County Circuit Clerk’s office on May 18, 2020 and was received and stamped by the Clerk’s office on May 19, 2020. Although this would normally mean that the 2-year statute of limitations would have already run, this was when the COVID-19 pandemic was starting to spread through the country and the West Virginia Supreme Court of Appeals had entered an Order extending all statute of limitations running at the time to May 18, 2020.
Defendant moved to dismiss on statute of limitations grounds as the Complaint was not received and stamped until the day after the extended statute of limitations ended. The circuit court granted the motion to dismiss. On appeal, the Squires asserted that the circuit court erred by failing to recognize an exception to the applicable statute of limitations code section in the West Virginia Code: the “under unique and unprecedented circumstances” exception. The West Virginia Supreme Court of Appeals found this argument unconvincing. Relying on precedent set in their court, they held that they are unwilling to extend the applicable statutory period in order to cure filing defects that could have been avoided had the plaintiff’s attorney been more conscientious in adhering to the statutory deadline. Thus, the motion to dismiss was upheld.
The second decision entered on January 12, 2022, dealt with a plaintiff suing the county Board of Education for an employee seeking an inappropriate relationship with her in 2013 and 2014. In West Virginia, claims dealing with minors are generally tolled until they reach the age of majority (18-years-old), plus whatever the normal statute of limitations period is for that claim. On the day that Plaintiff turned 20, her counsel sent notice of the claim to the county Board of Education and filed suit thirty days later. Giving pre-suit notice is a requirement for government agencies… however, county boards of education are political subdivisions and not governmental agencies as defined in the West Virginia Code. Thus, there was no pre-suit notice required and the statute of limitations was not tolled for that 30 days before the Complaint was filed. As the West Virginia Code did not contain a tolling provision here, there was nothing to save the claim. The Court once again rejected the equitable tolling argument asserted and upheld the lower court’s decision to dismiss the complaint.
These recent decisions affirm that the West Virginia Supreme Court has no intentions on budging from long-standing precedent on equitable tolling of statutes of limitations in West Virginia. If a plaintiff fails to file within the applicable statute of limitations and there is no statutory provision in the West Virginia Code that expressly tolls the type of claim(s) for an additional period, defendants will have an easy motion to dismiss to argue.
|
|
Bailey & Wyant PLLC Supporting Youth Programs |
|
|
|
SHYBL 3rd Grade All-Stars |
Bailey & Wyant PLLC proudly supports youth sports across the Greater Charleston Area.
This Winter the firm sponsored the South Hills Youth Basketball League, specifically the 3rd grade All-Star Team.
Pictured is Oliver Fuller, son of Equity Member John P. Fuller
|
|
Equity Member Justin C. Taylor and Family featured in Teays Valley Living Magazine |
|
As a family of four, they love to travel to London, Paris, Hilton Head Island, and Las Vegas. The Taylors also spend a lot of time on the tennis courts. On many evenings and weekends, they travel to clinics, lessons, and tournaments. Gennifer and Justin enjoy watching true crime shows, documentaries, and suspenseful mysteries.
When it comes to sports teams, Justin cheers for his WVU teams, as well as the LA Lakers, Cincinnati Reds, and Dallas Cowboys. Gennifer stays true to her Marshall University sports teams and is a Duke basketball fan.
|
|
|
Are you doing your part to conserve Energy? |
|
Have you ever heard of the term phantom energy? Phantom energy, also known as vampire power, represents a draw of electricity that electronics consume while not being actively used. The “off-but-ready” or “standby” power mode of modern electronics add to the total energy use of your home and may account for a significant portion of your electric bill.
Although you may only “actively” use a device for an hour or two each day, that device is still using electricity for the remaining 20+ hours! When you add that usage up over the course of a year, it can make a sizable impact on your electric bill.
In an effort to provide consumers with an ever-growing demand for features and convenience, electronic manufacturers have steadily strived to outpace the competition in providing innovative solutions to common annoyances.
We want our coffee to turn on automatically at 4 am. We want to turn on the television and find that the latest firmware has automatically updated. In response, manufacturers have modified their electronics to meet these expectations. Unfortunately, in order to do this, the devices must continue to consume energy even when they appear to be turned off.
There are other devices, however, that you may not realize are drawing power when not in use. A laptop’s charger, for example, will continue to draw a small amount of electricity even when not plugged into the laptop. My laptop, for example, has a small light that reminds the user that power is being drawn even when it is not in use (as long as its plugged into an outlet of course).
Depending on your situation, you may have many others. The point is to identify devices that can safely be unplugged when not in use. The goal is to establish a sustainable and automated approach to dealing with phantom energy usage.
Individual smart plugs work great when you only have a single device here and there that you want to cut power to, but what if you have a group of electronics that work together? Take a desktop computer for example. You have the computer itself, the monitor, printer, and possibly powered PC speakers all connected to electricity. When the computer turns off, many people leave the rest of the equipment on. But what if you could have it so that when you shut down the computer, it automatically cut power to those other electronic devices?
For this, consider an energy-saving surge protector. These power strips have a master and slave outlets that will automatically shut off accessory devices when the main device is turned off.
Another great example for an energy-saving surge protector is a home theater system. Imagine turning on your game console, for example, and your television, surround sound and any other accessories automatically turn on. Then when you shut it down, all of those other systems shut down with it. Energy saving and convenience all rolled into one! 🙂
|
|
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.
304.345.4222 CHARLESTON
304.233.3100 WHEELING
304.901.2000 MARTINSBURG
Sincerely,
Bailey & Wyant, PLLC
304-345-4222
|
|
|
|
|
|
|
