Dynamic Representation — West Virginia Law Firm

[01/29/10] Sang Ah Koh will be a presenter Sterling Education Services, Inc.'s February 17, 2010 Employment Law seminar in Huntington. Ms. Koh will be discussing issues related to employer compliance with immigration laws

[01/27/10] Vaughn Sizemore and Benjamin Warder successfully defended Marshall University in a suit alleging that the plaintiff fell on a defective sidewalk on University property. The plaintiff attempted to establish the dangerous condition of the sidewalk through expert testimony of a physical engineer. The jury returned the verdict in favor of Marshall finding that the sidewalk where the plaintiff fell was not unreasonably dangerous.

[01/22/10] David Wyant and Diane Senakievich obtained a summary judgment for the WV DHHR in a wrongful adoption matter. Plaintiffs alleged that defendant committed fraud, negligence and breach of contract in relation to two adoptions. The Circuit Court of Kanawha County held that the plaintiffs' failed to provide the necessary proof for a claim of fraud and that the remaining tort and contract claims were barred by the applicable statute of limitations.

[01/14/10] Vaughn T. Sizemore and Kelly C. Morgan successfully defended a Petition for Appeal before the West Virginia Supreme Court from a jury verdict in Tucker County, West Virginia. Petitioner was a former teacher who had tested positive for marijuana during a random drug test, who requested and was permitted to resign in order to apply for disability benefits instead of being terminated and possibly having his teaching license revoked. Although the Plaintiff admitted to using marijuana, he asserted that the drug test was only used to discriminate against him. The West Virginia Department of Education filed a counterclaim against the Plaintiff for breaching the agreement to allow him to resign. The jury found that the West Virginia Department of Education had not discriminated against the Plaintiff and that the Plaintiff had breached the agreement to allow the Plaintiff to resign. The West Virginia Supreme Court refused the Petition for Appeal in a decision of 5-0.

[01/08/10] Congatrulations to Bailey & Wyant attorneys Jason and Kristen Hammond. The couple were blessed with the arrival of their first baby, Victoria Ann!