Jumping out of June and into July |
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As soon as we adjusted to the month of June arriving we now find ourselves celebrating the 4th of July. Hopefully everyone is getting to spend some quality summer time with friends and family and finding the opportunity to create new memories. The attorneys at Bailey & Wyant were finally able to reunite with with old friends and clients at the WVACO Annual Conference and get back to business. Please enjoy the June newsletter as well as have a safe and happy 4th of July! |
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Bailey & Wyant PLLC's Managing Member Charles R. Bailey and Equity Partner Justin C. Taylor of the Charleston office. |
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Motion to Dismiss granted by The United States District Court for the Northern District of West Virginia. |
Managing Member Charles. R. Bailey, Equity Partner Justin C. Taylor, and Associate Lauren D. Mahaney recently won a complete dismissal of a lawsuit for an employer in which an employee brought forth a workplace injury claim.
The United States District Court for the Northern District of West Virginia granted the employer’s Motion to Dismiss and/or Motion for Summary Judgment, which dismissed the plaintiff’s lawsuit. The Plaintiff employee was seeking damages for alleged severe injuries suffered during a workplace accident.
Per Justin Taylor “This matter was briefed thoroughly, and we believe the Court made the correct legal determination in dismissing our client from the lawsuit. Importantly, our client is very happy with this ruling.”
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Bailey & Wyant PLLC's Member Michael W. Taylor and Associates Jeffrey M. Carder, Harrison M. Cyrus and Lauren D. Mahaney. |
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Bailey & Wyant PLLC's attorneys attended the 2021 West Virginia Association of Counties annual conference at the Embassy Suites in Charleston.
The WVACO represents West Virginia's elected county officials, the constitutional offices of county commissioners, county clerks, circuit clerks, sheriffs, assessors and prosecuting attorneys.
The mission of the West Virginia Association of Counties is to achieve unity of purpose among elected county officials including assessors, circuit clerks, county clerks, county commissioners, prosecuting attorneys and sheriffs in order to promote the professionalism, preservation and protection of county government for the benefit of all county citizens they serve.
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Keeping our Readers in the Know
Article by Associate Lauren D. Mahaney
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The eyes of many courts across the country remain on West Virginia as the Plaintiff’s case in chief comes to an end in the bellwether West Virginia Opioid Litigation. This litigation arises out of claims made by the City of Huntington that the named Defendants, all of which are large distributors, significantly contributed to the “opioid crisis” experienced by the City of Huntington. The City of Huntington is claiming that more than 700 people died from opioid addiction and between 2015 and 2020.
This litigation is uniquely situated as it is the first of thousands of similar lawsuits brought by local governments across the United States. By the holiday weekend, six weeks of litigation will have been completed. Over the course of six weeks, the City of Huntington has called over 30 witnesses ranging from health economists to former DEA agents attempting to assign a number to the people affected by the opioid crisis and the value of the lives lost in Huntington, WV. Several of the witness examinations have spanned multiple days.
The trial’s outcome is expected to establish whether drug distributors AmerisourceBergen, Cardinal Health and McKesson can face liability nationwide for their alleged failure to “curb the flow of prescription painkillers” that allegedly led to hundreds of opioid related overdoses. The Defendants argue that they were filling legal prescription under the direct supervision of federal regulatory agencies, including the Drug Enforcement Administration. The Defendants are expected to begin putting on their evidence during the first week of July and will continue until the second week of August. Others across the nation lie in wait as this trial continues to set expectations for similar trials to come.
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Dismissal obtained for the Eastern Panhandle of West Virginia |
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Bailey & Wyant PLLC's Members Daniel T. LeMasters and James W. Marshall III |
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Bailey & Wyant PLLC's Member James W. Marshall III, and Member Daniel T. LeMasters continue their success with representing Clients from the Eastern Panhandle of West Virginia. This time, they successfully obtained dismissal on behalf of the Mineral County Commission and Mineral County Emergency Services, which was affirmed by the United States Fourth Circuit Court of Appeals.
The Civil Action was initiated in the United States District Court for the Norther District of West Virginia. Plaintiff alleged 42 U.S.C. § 1983 claims against the Mineral County Commission and Mineral County Emergency Services for alleged due process violations and an alleged taking of property. At the District Court level, Member James Marshall and Member Daniel LeMasters obtained dismissal of these claims against the Mineral County Commission and Mineral County Emergency Services.
After Defendants’ Motions to Dismiss were granted and upheld against a Rule 59(e) Motion, Plaintiff appealed. On appeal, the United States Fourth Circuit Court of Appeals affirmed the District Court’s order dismissing, with prejudice, Plaintiff’s complaint.
This was a great victory for the Mineral County Commission and Mineral County Emergency Services.
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Bailey & Wyant PLLC's Member Michael W. Taylor explains Supreme Court Ruling |
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Summary Judgment no Violation Found |
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Bailey & Wyant PLLC's Of Counsel Albert "Abbie" C. Dunn Jr. |
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Bailey & Wyant PLLC's Of Counsel Albert "Abbie" C. Dunn, Jr. obtained Summary Judgment in a debt collection case. The plaintiff alleged Defendant Client Services, Inc. violated the Consumer Credit Protection Act and committed a number of related torts in its effort to collect 5 credit card account debts by letter and phone, the Court found no violation or improper conduct. |
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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.
304.345.4222 CHARLESTON
304.233.3100 WHEELING
304.901.2000 MARTINSBURG
Sincerely,
Bailey & Wyant, PLLC
304-345-4222
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