Dynamic Representation — West Virginia Law Firm

[03/17/10] Thomas E. Buck and Jason Pockl of the Wheeling office obtained dismissal of their client in a Constitutional Due Process and Equal Protection claim. In Lackawanna Transport Company vs.The Public Service Commission, et al., Messer's Buck and Pockl successfully defended the Public Service Commissioners in litigation that has, in one form or another, spanned in 3 circuit courts, several administrative agencies, the West Virginia Supreme Court of Appeals and ultimately the United States District Court for the Northern District of West Virginia.

[03/12/10] Thomas E. Buck taught legal seminars on the topics of Good Faith and How to Avoid Bad Faith and Extra Contractual claims. This advanced level course, custom designed for attorneys and claims professionals, was presented in both Columbus, Ohio and Akron, Ohio.

[03/05/10] Charles Bailey proudly dedicated his West Virginia University College of Law "Dean's Partners 2008-2009" designation to his mother, Phyllis Bailey, and his uncle, James Durrett, during the 2010 Dean's Partners Gala held at The Erickson Alumni Center on Statler Wilson Commons.

[02/22/10] The United States Magistrate Judge granted a Motion to Dismiss prepared by David L. Wyant and April J. Wheeler in the representation of the Department of Transportation and Paul A. Mattox, Jr., Secretary of West Virginia Department of Transportation, in the case of David C. Corson v. Paul A. Mattox, Jr., Secretary of Transportation, West Virginia Department of Transportation, and Roger Propst, Superintendent of Schools, Calhoun County Board of Education, Civil Action No. 1:09-CV-65. In this case, Mr. Corson asserted the defendant had a duty to replace a low water bridge near his home in Calhoun County, West Virginia. The plaintiff's claims were asserted under § 504 of the Rehabilitation Act of 1973 (29 USC § 794) and the Americans with Disability Act. It was successfully argued to the Court that the statutes were not applicable, that the defendants were entitled to sovereign immunity, and that the defendants were entitled to dismissal of the claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure