Dynamic Representation — West Virginia Law Firm

[08/25/10] Charles Bailey and Sang Ah Koh obtained a motion to dismiss on behalf of H&R Block, Inc. in suit brought forth by Florida residents who alleged mental anguish and financial losses purportedly related to tax preparation services performed in Florida. The Circuit Court of Jefferson County, West Virginia, granted H&R Block, Inc.'s Motion for Dismiss based upon (1) lack of personal jurisdiction; (2) improper venue; and (3) the doctrine of forum non conveniens.

[08/24/10] Thomas E. Buck and April J. Wheeler successfully defended a 42 U.S.C. §1983 action brought in the United States District Court for the Northern District of West Virginia. The plaintiff contended that the State entity violated his constitutional rights including free speech and due process. Through a series of Motions to Dismiss and ultimately a Summary Judgment Motion, a dismissal with prejudice was obtained. Judge Keeley agreed that there was no 42 U.S.C. §1983 claim and that there was no violation of the plaintiff's constitutional rights by any of the defendants.

[08/13/10] Jason Winnell obtained summary judgment in an insurance coverage dispute involving a denial of property damage insurance coverage to his client, a road freight trucking firm. The Circuit Court of Raleigh County granted summary judgment after Mr. Winnell established that the policy should have provided coverage to a temporary replacement vehicle rented by the trucking firm in light of ambiguous conflicting coverage provisions in the policy.

[08/11/10] Charles Bailey provided a seminar on employment practices at the annual West Virginia Aviation Conference held at the Greenbrier Resort.