Firm News

[07/22/10] Charles Bailey, Billie Jo Streyle, and Nikki Belcher got dismissal of a federal case filed by a former high school administrator against the Kanawha County Board of Education and Superintendent Dr. Ronald Duerring. The Court dismissed two (2) of the administrator's claims for his failure to exhaust his administrative remedies with the West Virginia Public Employees Grievance Board. The Court further dismissed a 42 USC 1983 First Amendment retaliation claim asserted because the Court found that he did not plead facts sufficient to satisfy the elements of the claim against the Kanawha County Board of Education or Dr. Duerring.

[07/15/10] Charles Bailey and Kelly Morgan obtained summary judgment in a dental malpractice case in which the plaintiffs alleged a deviation from the standard care during a root canal treatment. Summary judgment was granted after establishing that the plaintiffs' expert was not qualified to render an opinion on the standard of care in endontics.

[07/06/10] Thomas E. Buck and April J. Wheeler won the case of Harris v. The City of Benwood. Plaintiff had sued the municipality alleging, inter alia, unconstitutional taking of land, improper zoning and improper business licensing procedures. In defending the municipality, we were able to demonstrate that there was no unconstitutional taking of land. We successfully demonstrated that the zoning was constitutional in its application and further that the City's licensing application and issuance procedures and protocols were not only proper, but applied appropriately. The Circuit Court of Marshall County granted the defendant's Motion for Summary Judgment. All of plaintiff's claims have been dismissed with prejudice.

[06/28/10] Charles Bailey and John Fuller obtained a dismissal of the West Virginia Division of Corrections in a case involving a claim of excessive use of force and violation of civil rights.

[06/24/10] David J. Mincer and Kristen V. Hammond obtained summary judgment for the Cabell County Board of Education, William A. Smith, Superintendent of Cabell County Schools, and Greg Webb, Principal of Huntington High School, in a suit filed in the United States District Court for the Southern District of West Virginia which alleged deprivation of a 9th grade student's constitutionally protected right to freedom of speech under the 1st and 14th Amendments to the Constitution of the United States. The student was suspended for writing a banned slogan on his hands and refusing to remove it. The slogan was "Free A-Train" and was a reference to Anthony "A-Train" Jennings, who had been arrested for attempting to murder a City of Huntington police officer. The slogan had been banned due to the disruption caused by others displaying the slogan in the days prior on T-shirts and other items, which caused attendance to drop and many parents to express concern for their children's safety. The Court granted judgment as a matter of law in favor of the Defendants on the basis that the Defendants' actions to suppress Brown's speech in the school setting were lawful given the reasonable anticipation of disruption at school as a result of the speech. The Court found that the Defendants did not infringe upon Brown's right to free speech when they suspended him for expressing his views at school.

[06/23/10] Mark Troy has been appointed to the Board of the West Virginia Symphony Orchestra. Mr. Troy looks forward to participating in this organization which is so vital to the growth and development of the musical arts in our state.

[06/10/10] At the May 2010 West Virginia Symphony Orchestra Board of Directors meeting, Bob Martin was appointed to the Board by Chairman Dr. Dan Foster. Bob has been actively involved with the WVSO for several years in various capacities. He has appeared in several productions including Carmen, La Boheim and was a principal in West Side Story. Bob was the pirate symbol for last years' Symphony Sunday, posed as the flying monkey for this years' pre-publications and won best costume along with Penny Fioravante at the Wicked Party held by the Symphony League. In addition to acting, Bob is a regular contributor of financial support, is active in fundraising, and has even served as an usher when needed. Bob is very pleased and proud to serve on the Board and looks forward to several years of active service to the WVSO.

[05/27/10] Charles Bailey and John Fuller obtained a motion to dismiss on behalf of the West Virginia Division of Corrections in suit brought forth by an inmate who alleged that the Division of Corrections showed a deliberate indifference to his safety that resulted in him being assaulted by his cell mate and that his First Amendment Rights to free expression of his religious believes.

[05/15/10] The Charleston office of Bailey & Wyant would like to welcome its three summer law clerks---Michael Taylor, Andrew Gunnoe, and Betsy Stewart.

[05/11/10] Charles R. Bailey and Jason S. Hammond gave a presentation on West Virginia workers' compensation and deliberate intent law to Chartis Insurance's Alpharetta, GA office.

[05/07/10] Congratulations to Brian Morrison for a defense verdict in a property dispute case in Clay County, West Virginia. Mr. Morrison represented the Clay County Board of Education in a matter in which the plaintiffs initially claimed that, despite having a Dee granting them an easement to their residual property, they could not access their property due to the terrain of the school board's property upon which it had constructed a new elementary school. The plaintiffs alternatively argued that the only reasonable means to access their property would be through a playground which the school board had constructed for the school children. The Board of Education responded that an alternative easement could be placed in an area which would not interfere with school safety or security but which would nonetheless permit plaintiffs reasonable access to their property. After a short deliberation, the jury found in favor of the Board of Education, locating the easement at the location as proposed by the Board of Education, and awarded the plaintiffs no monetary damages on their claims.

[04/22/10] Thomas Buck and Diane Senakievich obtained a dismissal on behalf of a municipality and police chief in a case pending in the United States District Court for the Western District of Pennsylvania. The plaintiff alleged negligence, assault, battery, a violation of his civil rights and a §1983 claim as a result of a police pursuant in West Virginia that continued into the state of Pennsylvania. In preparing various Motions to Dismiss and Summary Judgment, the defendants argued, interalios, that there was no common law duty of care owed by the police while pursing the fleeing suspect, the defendants were immune from liability arising from a method of providing police protection under Pennsylvania and West Virginia law, and the defendants were immune from liability as a political subdivision and its employee. All of plaintiffs claims were dismissed.

[04/10/10] David L. Wyant and April J. Wheeler obtained summary judgment on behalf of the West Virginia Lottery Commission in a due process claim instituted by an individual who had gambling-related convictions and was denied a Table Games License.

[04/05/10] David L. Wyant and April J. Wheeler obtained summary judgment in Brooke County, WV in a case before the Honorable Judge Arthur Recht. The case involved a suit instituted by a teacher who sued after being assaulted in a school parking lot. Judge Recht ruled in favor of the defendant based upon workers' compensation immunity.

[03/21/10] Thomas E. Buck and April J. Wheeler obtained a dismissal of a suit instituted by a prisoner of St. Mary's prison alleging lack of clean water, lack of toilets, and exposure to asbestos.

[03/18/10] Sang Ah Koh was a presenter at Sterling Education Services' "Fundamental of Employment Law" seminar in Charleston, West Virginia. Ms. Koh's presentation focused on immigration law and compliance issues for employers.

[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. The plaintiff, Lackawanna Transport company alleged that the Public Service Commission deprived the plaintiff of its constitutional due process and violated the equal protection when the Public Service Commission denied the plaintiff a certificate of need to operate a sewage sludge composting facility in Northern West Virginia. Messer's Buck and Pockl argued, among other grounds, that this case dealt solely with a state law issue that had been properly decided by the State Courts and that the Federal Court lacked subject matter jurisdiction to hear the matter pursuant to the Rooker-Feldman Doctrine and that the Federal Court should abstain from hearing the matter pursuant to the Buford Abstention Doctrine. The Court agreed and granted the defendant's Motion to Dismiss.

[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.

[03/02/10] Billie Jo Streyle conducted two days of employment law training for employees of a private corporation, which focused on harassment and discrimination in the workplace.

[02/25/10] Charles Bailey has been named the Cambridge Professional of the Year in Legal Services.

[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.

[02/22/10] Mark A. Kepple of the firm's Wheeling office argued and won summary judgment on behalf of a defendant in the Common Pleas Court of Jefferson County, Ohio in a matter involving a claim that the plaintiff was the victim of a hit-and-run accident and that the defendant caused the accident. Following completion of discovery, the defendant moved for summary judgement asserting that the plaintiff could not meet his burden of proof to establish that it was the defendant that was the involved driver. The Court agreed and the defendant was dismissed, with prejudice.

[02/17/10] Billie Jo Streyle taught high school students at the West Virginia Division of Juvenile Services about necessary skills to be successful in the work force. Ms. Streyle volunteered to teach a serious of seven classes to the students through West Virginia Junior Achievement, a non-profit organization, in an effort to help high school students learn their potential to achieve their professional goals and to the teach them the tools to help them reach their goals.

[02/17/10] Sang Ah Koh was a presenter at Sterling Education Services, Inc.'s Employment Law seminar in Huntington. Ms. Koh discussed issues related to employer compliance with immigration laws.

[02/13/10] Bailey & Wyant was a proud sponsor of the West Virginia Symphony Orchestra's "A Night on Broadway" concert. Also performing was West Virginia's own Mark McVey, who made his mark while on tour in the role of Jean Valjean in 'Les Miserables.'

[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.

[12/15/09] Sang Ah Koh will be a presenter at Sterling Education Services, Inc.'s March 18, 2010 seminar in Charleston, "Fundamentals of Employment Law." Ms. Koh will be discussing issues related to employer compliance with immigration laws.

[12/11/09] Marc J. Slotnick was awarded Affiliate of the Year for 2009 by the Kanawha Valley Board of Realtors for "the Outstanding and Unselfish Service Given to the Real Estate Profession" presented at their annual lunch on December 11, 2009.

[12/10/09] In the spirit of the Holidays, Bailey & Wyant's lawyers and staff invested some of their time and effort to make the lives of the less fortunate in their community a bit better. This year the firm took on three worthy causes. They continued their partnership with J.E. Robins Elementary School in Charleston, by participating in the Secret Santa Program, and also sponsored a luncheon and gift cards for the ladies at the YWCA's Shanklin Center, also in Charleston. To top things off the lawyers and staff became actively involved in the Toys for Tots program and proudly filled three large boxes with toys for the U.S. Marine Corps to deliver to underprivileged children in the community.

[12/04/09] Congratulations to Billie Jo Streyle and Jason Winnell! The two were named as the firm's newest Members during the annual Holiday Open House Party.

[12/01/09] Bailey & Wyant will be hosting its annual Holiday Open House Party in its Charleston office on December 4, 2009 from 5:00 p.m. to 7:00 p.m.

[11/17/09] Billie Jo Streyle and Chuck Bailey obtained dismissal on 5 actions filed in State Court against high ranking public officials. They obtained dismissal on an Amended Complaint filed against Governor Joe Manchin, III, dismissal on Amended Complaint filed against Attorney General Darrell McGraw, dismissal on an Amended Complaint filed against Jane L. Cline, Insurance Commissioner, Dismissal of a Petition filed by Plaintiff against Attorney General Darrell McGraw regarding client complaints filed with the Board of Osteopathy, and Dismissal of Petition seeking relief against Insurance Jane L. Cline, Insurance Commissioner regarding a notice of termination.

[11/01/09] Marc Slotnick and Amy Haynie represented our sister firm, Bailey, Joseph & Slotnick, PLLC, at the Housing 101 Expo presented by Kanawha Valley Board of Realtors.

[10/23/09] Charles Bailey and Kelly Morgan obtained a summary judgment ruling in a dental malpractice case. Plaintiff alleged that Defendant deviated from the standard of care in treating Plaintiff's dental infection in performing a root canal. Specifically, Plaintiff alleged that performing the root canal led to bacterial endocarditis, which ultimately caused him to suffer from a stroke. The Circuit Court of Putnam County held that plaintiffs' standard of care expert, who was a cardio-thoracic surgeon, lacked the expertise to render an opinion about endodontic care. As such, the Plaintiff failed show any evidence that the Defendant deviated from the standard of care in treating dental infections and in performing the root canal.

[10/20/09] Congratulations to Ben Warder and Jordan Herrick. The two were sworn in to practice law by both the Supreme Court of Appeals of West Virginia and the U.S. District Court for the Southern District of West Virginia.

[10/12/09] Charles R. Bailey, Managing Member of the firm's Charleston office, has been named by the Governor of the State of West Virginia to serve on the Committee to appoint a new Circuit Court Judge in the Circuit Court of Kanawha County.

[10/11/09] Charles R. Bailey attended the annual meeting of the Defense Research Institute. Mr. Bailey participated in panel counsel meetings with Chartis Insurance and Federated Mutual Insurance Company.

[09/30/09] Charles R. Bailey and Robert P. Martin presented an overview of new case law and developments regarding insurance coverage and liability. The conference was attended by officials from the West Virginia Association of Insurance Companies.

[09/30/09] David Mincer and Kelly Morgan obtained a summary judgment ruling in a property damage case involving flooding. The property owners alleged that, prior to purchasing the property, they advised their realtor that they were seeking property located outside of a flood plane or property not otherwise prone to flooding. After purchasing, the buyers learned that the property had been previously severely flooded. The court found that prior flooding was not a hidden defect; that a signed disclosure was sufficient to place the buyers on notice, and that the buyers had a duty to conduct a reasonably diligent inspection. The court also held that a real estate broker and agent does not have an independent duty to inspect and uncover latent defects on residential premises and can only be held liable for a material misrepresentation with regard to the fitness or habitability of the property or a failure to disclose a defect in the property which substantially effects the value or habitability, of which the should have been aware of which the purchaser was unaware and would not have been able to discover by a reasonably diligent inspection.

[09/29/09] George Joseph and Jason Winnell presented a seminar on issues affecting excess insurers to Chartis Insurance in New York, NY.

[09/17/09] Vaughn Sizemore was the guest speaker at Capital High School for its Constitution Day seminar. Mr. Sizemore gave his speech to the student body of the school about the creation of the constitution, the Bill of Rights, and the other Amendments to the Constitution. He also discussed significance and relevance of the Constitution to the students.

[08/29/09] Billie Jo Streyle obtained a dismissal of Governor Joe Manchin, III in a prisoner's rights case alleging discrimination.

[08/29/09] Billie Jo Streyle obtained a dismissal of Governor Joe Manchin, III in a prisoner's rights case alleging discrimination. The Circuit Court of Kanawha County found that the plaintiff failed to state a claim upon which relief could be granted. The Court found that the Governor was entitled to qualified immunity and that no special relationship exception existed between the Governor and the plaintiff; therefore, the public duty doctrine was applicable.

[08/26/09] Chuck Bailey and Sang Ah Koh obtained summary judgment on behalf of ADP Totalsource FL XI, a human resources services provider, in a case alleging compensation discrimination, wrongful termination, and wrongful eviction. The United States District Court for Southern District of West Virginia held that ADP TS was not involved in Plaintiff's rate of pay, her termination, her eviction, or in any of the alleged torts that were committed against her. Rather, it merely served as an administrative arm of the companies who actually employed her.

[08/26/09] Mark A. Kepple, a Member in the firm's Wheeling office, recently obtained a dismissal of his client by Summary Judgment Motion in a complex, multiple tractor trailer accident case involving multiple personal injury claims. The matter was pending in the Common Pleas Court of Belmont County, Ohio. This judgment demonstrates the firm's multi-state, regional insurance defense capabilities and the proper outcome of aggressive, cost effective resolution strategies.

[08/20/09] Bob Martin, Billie Jo Streyle and Jim Marshall successfully obtained a mandate from the United States Circuit Court of Appeals for the Fourth Circuit on behalf of Fireman's Fund Insurance Company in the case of Cornett Management Company v. Fireman's Fund Insurance Company, et. al. Cornett employed two female employees who filed suit claiming that a Cornett supervisor falsely imprisoned them by improperly conducted a strip search. Cornett sought reimbursement for settlement costs and attorneys fees arising from the lawsuit, under an insurance policy issued by Fireman's Fund. The Fireman's Fund policy provided coverage for claims arising from "personal injury," which include "[f]alse arrest, detention or imprisonment." However, Fireman's Fund denied coverage for the claim under an "Employment-Related Practices Exclusion" attached to the policy that excluded coverage for personal injuries arising out of coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or other employment-related practices, policies, acts or omissions. The Fourth Circuit heard oral argument and subsequently affirmed summary judgment in favor of Fireman's Fund finding that the supervisor's strip searches of the two female employees were actions intended to humiliate, coerce, or harass the employee, which clearly effected the employment relationship. Such acts were found to be employment-related and, under West Virginia law, fall within the language of the ERP exclusion at issue.

[08/13/09] George Joseph and Billie Jo Streyle presented a seminar on handling Title 9 and Sexual Harassment matters for the Kanawha County Board of Education.

[08/13/09] Marc Slotnick, George Joseph, and Clayton Anderson presented a seminar on Estate Planning. A copy of the PowerPoint presentation can be downloaded here.

[06/25/09] Charles Bailey, Managing Member of Bailey & Wyant, PLLC's Charleston office, has been named a 2009 Super Lawyer in the area of General Litigation by Super Lawyers magazine. Super Lawyers represent only 5 percent of lawyers in any jurisdiction and candidates are evaluated and selected based on various indicators of peer recognition and personal achievement. He has also been recognized as a 2009 Lifetime Member by The Cambridge Who's Who Registry of Executives, Professionals and Entrepreneurs.

[06/20/09] Congratulations to Kelly Morgan. With her Buffalo Chicken Chili, Kelly won first place in the law firm division of the 2009 Smoke on the Water Chili Cookoff in Charleston, WV. The event brought in $8,000 for HospiceCare Inc. Another $1,500 was raised through the cookoff's Run for Your Life 5-mile race for colorectal cancer awareness and screening through the Charleston Area Medical Center Foundation.

[06/11/09] Bailey & Wyant is very proud to announce that Dave Wyant, Managing Member of the firm's Wheeling office, will be installed next week as the new President of the Defense Trial Counsel of West Virginia.

[06/12/09] Tom Buck and Mark Kepple were presenters at the NBI seminar, "Settling Uninsured and Underinsured Motorist Claims," in Wheeling, WV.

[05/18/09] David Mincer and Kelly Morgan won on appeal before the Supreme Court of Appeals of West Virginia involving a matter brought by Parents of a Kanawha County student against the Kanawha County Board of Education. THe case was involved a physical and verbal altercation with another parent in the Dunbar Middle School parking lot during a basketball game. Judge Tod J. Kaufman of the Circuit Court of Kanawha County granted summary judgment holding that the Kanawha County Board of Education did not owe the Plaintiffs a duty and that the Kanawha County Board of Education was entitled to qualified immunity because the Plaintiffs failed to show that the School or the Board violated any law, rule, regulation or standard, and there was no allegation that either acted maliciously. The West Virginia Supreme Court refused to accept the appeal.

[05/01/09] George Joseph, David Schumacher, and Jason Winnell obtained a ruling from the Circuit Court of Putnam County, WV setting aside a $2.5 million default judgment entered against a Chicago, IL trucking firm arising out of a motor vehicle accident in Nitro, WV.

[04/28/09] Billie Jo Streyle won a motion to strike the Plaintiff's request to reconsider in the Circuit Court of Kanawha County. The Plaintiff requested the Court reconsider its ruling dismissing the Plaintiff's abuse of process claims, pursuant to Rule 12(b)(6) of the West Virginia Rules of Civil Procedure. The Court refused to reconsider its prior decision and upheld the dismissal of the abuse of process claim.

[04/26/09] David Mincer and John Fuller obtained a directed verdict in favor of the West Virginia Department of Environmental Protection. In Watton v. West Virginia Department of Environmental Protection, the Plaintiff alleged that the WVDEP, through its employees, entered a special relationship with the Plaintiff promising to protect soil and vegetation on her property from a neighboring property owner. The matter went to trial before Judge Burger in Kanawha County on April 13, 2009. On April 21, 2009, after the Plaintiff had completed her case-in-chief, the West Virginia Department of Environmental Protection, as well as two co-defendants, were granted directed verdicts.

[04/24/09] Thomas E. Buck and April J. Wheeler of our Wheeling office received a favorable ruling in the case of Hill v. Northern Panhandle Head Start. Bailey & Wyant represented the defendant in this employment discrimination case, which included allegations of sexual harassment. The defendants moved for Summary Judgment at the Circuit Court level and received a favorable ruling. Plaintiff appealed this matter to the West Virginia Supreme Court of Appeals. The defendants opposed plaintiff's Petition. On April 8, 2009, the Supreme Court ruled in favor of the defendant and denied plaintiff's Petition for Appeal. The ruling in favor of the defendant at the Circuit Court level stands.

[04/21/09] Billie Jo Streyle won a motion to dismiss the Plaintiff's Complaint in the Circuit Court of Kanawha County. The Plaintiff alleged a primae facie tort against all Defendants by relying on a criminal provision to implicate civil liability. The Court dismissed the claim, because the criminal provision did not implicate civil liability against the Defendant

[04/21/09] Billie Jo Streyle won partial summary judgment in the Southern District of West Virginia. The Federal Court dismissed the Plaintiff's claims for retaliation pursuant to the West Virginia Human Rights Act and American with Disabilities Act. The Court found the Defendant did not take any adverse against the Plaintiff; therefore, the claims were dismissed, because there was no genuine issue of material fact.

[04/13/09] Bailey & Wyant is happy to announce the hiring of Clayton G. Anderson and Amy Haynie. Clayton will be orking in the firm's litigation department, while Amy will be primarily working for our sister real estate firm, Bailey, Joseph & Slotnick.

[03/27/09] Vaughn T. Sizemore and Kelly C. Morgan obtained a defense verdict for the West Virginia Department of Education following a jury trial in Tucker County, West Virginia. The matter involved a former teacher who had tested positive for marijuana during a random drug test, who requested and permitted to resign in order to apply for disability benefits, instead of being terminated and possibly having his teaching license revoked. The former teacher filed a lawsuit two years after resigning alleging that he had been discriminated against based on a disability from injuries sustained in a car wreck seven years earlier, and because he was eligible to apply for workers' compensation after allegedly falling prior to the random drug test. The Plaintiff admitted to using marijuana but asserted that he could not have tested positive for marijuana because he stopped using marijuana a month earlier when a new random drug testing procedure was implemented by the facility where he worked. Plaintiff 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.

[03/15/09] Chuck Bailey will be presenting a seminar on Strategic Trial Techniques in employment discrimination matters on behalf of NBI on April 28, 2009.

[03/04/09] Congratulations to Chuck Bailey and Bob Martin. Bailey & Wyant's dynamic duo are featured as the cover story for the Winter 2009 edition of West Virginia Executive Magazine.

Charles R. Chuck Bailey Robert P. Bob Martin Bailey & Wyant

[03/03/09] Seven in a row! Bailey & Wyant has obtained seven consecutive favorable decisions from the Supreme Court of Appeals of West Virginia. The cases include Roberts v. West Virginia-American Water Company, Sturm v. Kanawha County Board of Education, Falls v. Union Drilling, Christopher v. River Riders, Yoak v. Marshall University, and Fredeking v. Tyler.

[03/02/09] Brian Morrison won an an appeal before the Supreme Court of Appeals of West Virginia involving a motor vehicle accident and the ownership of a motor vehicle. After admitting liability on behalf of the defendant, and despite not putting on any witnesses in defense of the claims asserted by the plaintiff, at trial in the Circuit Court of Cabell County Mr. Morrison nonetheless received a defense verdict for his client, with the jury finding that the plaintiff had not sustained her burden of proving ownership of the subject vehicle. The trial court reversed the jury's verdict, finding as a matter of law that the plaintiff had succeeded in her claim. Mr. Morrison, on behalf of his client, appealed the trial court's Order which set aside the jury verdict. On appeal, the Supreme Court held, in essence, that the jury's verdict was supported by the facts and, as such, the jury's verdict should not have been disturbed by the trial court.

[02/26/09] Brian Morrison was recently successful in obtaining a dismissal from the Circuit Court of Greenbrier County of his clients in a case filed by plaintiffs who had failed to properly or timely serve the defendants with the Summons and Complaint. The plaintiffs had moved the trial court for additional time in order to perfect service of process; however, the trial court denied the plaintiffs' motion, finding that their delay in seeking additional time to perfect service of process showed a lack of diligence on their part and, as such, granted the defendants' motion to dismiss

[02/20/09] Chuck Bailey, Jason Hammond, and Kelly Morgan attended the WV Coal Symposium held at the Civic Center in Charleston, WV. The Symposium was attended by hundreds of individuals involved in the mining, sale and production of coal. The Conference topics included environmental concerns, health and safety, rules and regulations and new and improved mining techniques. Senator Jay Rockefeller of West Virginia gave a speech emphasizing the role of coal in solving the nation's energy crisis and West Virginia's leadership role in the production of coal.

[01/16/09] Bailey & Wyant is happy to announce the integration of Trialworks case management software into the firm's operations. The system allows Bailey & Wyant to streamline its document management efforts and reduce internal use of paper.

[01/08/09] For the fourth consecutive year, Bailey & Wyant sent a representative of the firm to the Annual National Trial Advocacy College at the University of Virginia College of Law. The challenging program is designed to heighten advocacy skills through an intensive five days of personal training. Past attendees from Bailey & Wyant in include Todd Sponseller, Kelly Morgan and Jason Winnell.