Business is slowly getting back to normal.  This new normal as it may be hasn't prevented Bailey&Wyant PLLC from producing some exceptional results.  Keep reading below to find out what we have been up to.
Bailey & Wyant, PLLC sucessfully defends the WVDHHR 
Bailey&Wyant PLLC's Equity Member Kelly Morgan and Of Counsel Kristen Hammond of the Charleston office successfully defended the West Virginia Department of Human Resources in an appeal to the West Virginia Supreme Court of Appeals.
The Plaintiff asserted claims of breach of contract, promissory estoppel, as well as negligent and fraudulent inducement, concealment and execution. Mrs. Morgan and Mrs. Hammond obtained a dismissal from the Kanawha County Circuit Court on behalf of DHHR.  The West Virginia Supreme Court of Appeals affirmed the Circuit Court's grant of summary judgment in favor of WVDHHR and concluded that the Circuit Court appropriately found that the Petitioner's Complaint failed to present a genuine issue for trial based on sovereign immunity, qualified immunity, and the gist of the action doctrine.  

Military Appreciation Day at the Central West Virginia Regional Airport   
Bailey&Wyant, PLLC's Managing Member Charles R. Bailey, outside general counsel for Central West Virginia Regional Airport (Yeager Airport) is pictured with Col. James Mason, retired Assistant Airport Director during Military Appreciation Day.
The National Guard operates out of Yeager Airport and other areas of the armed services are constant visitors.  Presently, the armed services are launching aircraft from Yeager Airport to do military exercises on reclaimed surface mines.  The State's Mountainous terrain combined with flat areas created by surface mining provides abundant military training areas. 
Bailey & Wyant, PLLC granted dismissal for Complaint seeking $21 million in damages

Bailey & Wyant, PLLC's,Managing Member, David L. Wyant along with Member Diane Senakievich of the Wheeling office secured the dismissal of a Complaint that sought in excess of $21 million dollars in damages.  Bailey&Wyant represented the Ohio County Commission.
Plaintiffs alleged that the Ohio County Commission and other defendants breached a contract by failing to issue bonds for an Amusement Park to be constructed at The Highlands, a shopping district within the county.  The Ohio County Commission argued that the plaintiffs breached the contract by not having non-bond funding necessary to construct and operate the park.
 After more than 200,000 documents had been exchanged in discovery and after over two years of attempts to obtain damage related documents, the plaintiffs produced alleged banking statements that purported to prove damages.  After significant investigation into the banking statements, Bailey&Wyant secured a deposition of the fraud officer at the banking institution which confirmed the bank account did not exist and the submitted bank statements were fraudulent.  A Motion requesting the sanction of dismissal was filed and granted. The Supreme Court of Appeals of West Virginia upheld the dismissal, noting the court's findings amply demonstrated that the misconduct necessitated this drastic sanction. 
Bailey & Wyant, PLLC secures summary judgment in whistleblower claim
Bailey & Wyant, PLLC's Wheeling office secured summary judgment on behalf of the Brooke County Board of Education in a whistleblower claim.  Managing Member, David L.Wyant and Member Diane Senakievich represented the Board of Education.
The plaintiffs brought the whistleblower action claiming they were retaliated against as a result of reporting the sale of scrap metal belonging to the Board of Education by an employee for personal gain.  The Brooke County Circuit Court granted summary judgment in favor of the Brooke County Board of Education by finding the plaintiffs failed to prove the statutory elements for a whistleblower case.  The Supreme Court of Appeals of West Virginia affirmed summary judgment. 

Summary Judgment obtained in Commercial Real Estate claim

Bailey&Wyant, PLLC's Equity Member John P. Fuller, and Member Jordan K. Herrick obtained Summary Judgment on behalf of their clients, a Realtor and Broker, in the Circuit Court of Kanawha County, West Virginia.  Plaintiffs had purchased a commercial lot and later alleged that they had discovered a hidden defect in the property.  The Plaintiffs brought an action against the Realtor and Broker alleging that they were negligent in failing to disclose the hidden defect prior to the sale.

The Court found that both the Realtor and Broker had disclosed all known information prior to closing and could not be held liable, as a matter of law, for failing to disclose the existence of an alleged defect that was hidden and unknown to the Realtor and Broker.
Bailey&Wyant, PLLC obtains dismissal in civil action suit

Bailey&Wyant, PLLC's Equity Member, Justin C. Taylor, and Member Daniel T. LeMasters obtain dismissal for their Client in a civil action pending in the Circuit Court of Marshall County, West Virginia.  The dismissal obtained was for their client Recochem, Inc. as a successor-in-interest to Record Chemical Company in a toxic tort/ product liability civil action filed against it.  This case involved a plaintiff who contracted leukemia from alleged exposure to Benzene.  This is another great outcome for Attorney Justin C. Taylor and Attorney Daniel T. LeMasters in defending clients in Toxic tort/ product liability matters.
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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