Bailey & Wyant, PLLC is embracing the new year with new success. This January, our attorneys warmed up to new ideas at The Gavel National Conference in Palm Beach, FL, obtained several new wins and began working on expanding practice areas. Read all about it below!
Bailey & Wyant, PLLC Secures Win for 
WV Board of Pharmacy

Bailey & Wyant, PLLC and its litigation team, led by lead counsel Justin C. Taylor and Charles R. Bailey, secured an excellent result for its client, the West Virginia Board of Pharmacy, recently in the West Virginia Opioid Litigation, obtaining a full voluntary dismissal of plaintiffs' claims. 

The plaintiffs included several West Virginia cities and County Commissions seeking damages related to the opioid epidemic. Per Justin Taylor, "Our brief writing team, led by Michael W. Taylor, did a phenomenal job of specifying and shaping the key legal issues, which helped lead to the result we received for the client. 

The Board of Pharmacy is very happy with this result, as they are no longer a defendant in what the West Virginia Mass Litigation Panel Court has described as the largest and most complex litigation in the history of West Virginia."
Bailey & Wyant, PLLC Attends 
The Gavel National Conference IV

On January 20-22, Managing Member, Charles Bailey, Of Counsel, Brent Benjamin and Associate, Jeffrey Carder, attended The Gavel National Conference IV at PGA National  Golf & Spa Resort with over 200 guests. The conference consisted  of non-stop networking coupled with a plethora of educational topics including:

  • Observations from the 2018 Impeachment of the Entire West Virginia Supreme Court by a Former Chief Justice.
  • Managing Innovation Risk
  • Beyond the Coverage Opinion
  • Accident Investigation
  • Defending Sexual Abuse Lawsuits
  • The Myth of Cell Phone Distraction
  • Video Is a Game Changer
  • Discrimination and Retaliation Law Update
  • Artificial Intelligence in Legal Services
  • The Liability of Professionals for Statements of Opinion
  • Nuclear Verdicts: Why They Happen and How to Minimize Exposure
  • " I Don't Care," said Pierre: Defending the Apathetic or Uncooperative Insured.
  • Use of Technology Based Evidence to Defend Claims


T he attendees were very interested in former Justice Benjamin's discussion of impeachment not only in WV, but in other states. "People came up to me regarding Jeffrey's speech on Workers' Compensation and said they finally understand it," said Charles Bailey. " The presentations defending 30(b)(6) depositions, especially in trucking litigation, were highly informative. It's great to have other attorneys and experts to call on if you are facing a difficult situation and you need some experienced advice."
Bailey & Wyant, PLLC Obtains Favorable Decision on behalf of Bluefield State College

Bailey & Wyant, PLLC Of Counsel, Brent Benjamin, and Equity Member, Kelly Morgan, obtained a favorable decision before the West Virginia Public Employees Grievance Board on behalf of Bluefield State College involving an employee grievance.  

The former employee alleged retaliation when he was terminated based on medical verification provided by the employee's own doctor stating that he was permanently incapacitated from performing his job duties.  Although the former employee made a prima facie case of retaliation, the Grievance was denied because the Administrative Law Judge found that Bluefield State College provided credible evidence of legitimate nondiscriminatory reasons for its actions to which the former employee failed to provide evidence that those reasons were pretextual.  

The decision is subject to appeal to the Circuit Court.  The matter is of record under Daniel Frost v. Bluefield State College, West Virginia Public Employees Grievance Board, Docket 2019-0319-BSC.
John Fuller Attends 2020 DRI 
Governmental Liability & Civil Rights Seminar

Equity Member, John Fuller, attended the 2020 DRI Governmental Liability and Civil Rights seminar in San Diego, CA. The speakers focused on trending issues and developments in federal law as they related to defenses and immunities that face governmental entries and state actors with regard to Civil Rights claims. 

This information is particularly relevant to John's practice, which focuses on defending State agencies, political subdivisions, law enforcement officers and correctional officers  in Civil Rights claims. 
Kelly Morgan Expands Education Practice Area

Equity Member, Kelly C. Morgan, is leading the expansion of Bailey & Wyant, PLLC's Education practice area to specifically include special education, IDEA, Policy 2419, due process hearings and disciplinary hearings. 

To accomplish this, she will work with the West Virginia Department of Education, as well as the county boards of education, to asses their legal needs in these areas. In addition, Kelly recently joined the Education Law Association and the  National School Board Association's Council of School Attorneys.

Bailey & Wyant's educational attorneys practice at all levels of the grievance procedure, defending grievance appeals in the West Virginia Education and State Employees Grievance Board, the circuit courts and the West Virginia Supreme Court of Appeals. To learn more about our practice, visit our website.
Jeffrey M. Carder

Jeffrey Carder is an Associate in Bailey & Wyant, PLLC's Charleston office. He focuses his practice in West Virginia workers' compensation and successfully litigated several workers' compensation claims before the Office of Judges and the Workers' Compensation Board of Review, as well as winning several claims before the West Virginia Supreme Court of Appeals.

In addition to regularly arguing before the West Virginia Workers' Compensation Office of Judges, the West Virginia Board of Review, and the West Virginia Supreme Court of Appeals, Jeffrey devotes much of his time to traveling the country conducting training courses and seminars to claims adjusters on how to properly administer claims in West Virginia. He teaches an introductory Workers' Compensation 101 course, and even offers more advance courses on subjects such as managing time standards and passing Insurance Commission audits. He has most recently been made a pathfinder for the Leadership Council on Legal Diversity. 

For more information, please visit his attorney profile  on our website.
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.

To discuss your case, e-mail us ( or give us a call at 304.345.4222 (Charleston) or 304.233.3100 (Wheeling) or 304.901.2000 (Martinsburg). 


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