Leading the way and shaping future generations |
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The month of July has been productive, eventful and bitter-sweet. As we finish the first half of the year, the attorneys at Bailey & Wyant embraced the young blood, talent and energy of our 2023 Summer Interns, while also reflecting on the time well spent shaping their intellectual minds, and preparing them for the future. Moving forward into August, we find ourselves empty nesting, as they return for their final year of Law School. There are many exciting things taking place in August, including the West Virginia's Greatest Airshow and the annual YWCA's Girls Night Out. Please keep reading and enjoy the latest news for you, and as always thank you for your continued support. |
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Bailey & Wyant PLLC's Equity Member, Kelly C. Morgan
and Associate, Samuel M. Bloom
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Bailey & Wyant PLLC's Equity Member, Kelly C. Morgan and Associate, Samuel M. Bloom represented a supervisor for the Child Protective Services of the West Virginia Department of Health and Human Resources.
In the action, the Plaintiffs were the grandparents of two minors taken into State custody. The grandparents asserted numerous causes of actions against the CPS supervisor, amongst others as well. Ultimately, Mrs. Morgan and Mr. Bloom requested summary judgment and obtained a dismissal with prejudice as to all of the federal and a dismissal without prejudice as to the remaining state law claims.
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Bailey & Wyant PLLC's 2023 Summer Interns |
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Bailey & Wyant PLLC proudly celebrated our 2023 Summer Interns this July 27th, for National Intern Day. Pictured from Left to Right (front row): Logan Wagner, Hannah Hebel, and Hunter Bowman. Also Pictured are David Mincer, Samuel Bloom, Suleiman Oko-ouga, Jordan Herrick, and Kelly Morgan.
Logan Wagner, a 3rd year law student at WVU and native of Clarksburg, WV received his undergraduate degree at WVU in English with a Philosophy minor. He is currently Executive Notes Editor of the West Virginia Law Review, and Secretary of the school’s Defense Trial Counsel. Last summer, he interned at Harris Law Offices in Wheeling, WV. Logan chose the field of law because he's always had a knack for analytical thinking, and for him, the hardest work is the most rewarding.
Hannah Hebel, born and raised in Morgantown, WV, 3rd year law student at WVU, received her undergraduate degrees in Journalism and Philosophy from WVU. Prior to this summer, she worked as a legal intern at Disability Rights of West Virginia. Hannah chose to go into the field of law because she finds it to be a very rewarding and collaborative practice that allows you to view and analyze issues from multiple angles. In her free time she likes to hike, kayak, disc golf, and practically anything you can do outdoors.
Hunter Bowman, is from Wheeling, WV. He is a 3rd year law student at Ohio Northern University in Ada, Ohio. He obtained a Political Science Degree with History minor at Bethany College. Prior to working at B&W he worked for the West Virginia Attorney Generals Office Summer 2022 and the US District Attorney’s Office Northern District Summer 2020. Hunter chose to follow in the footsteps of his distant cousin and pursue a career in law. He is a sports enthusiast with a passion for Ice Hockey.
The attorneys at Bailey & Wyant, PLLC wish you all the best in your final year.
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The Right to Bear Arms....at Work |
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The article this month focuses on a recent decision from the West Virginia Supreme Court of Appeals in Ranson v. Guardian Rehabilitation Services, Inc. In this matter, the plaintiff was an employee of Guardian Rehabilitation Services and was terminated for keeping a firearm in his vehicle at the workplace. Specifically, Mr. Ranson had an AR-15 in his car partially covered by jacket and laptop case. When a co-worker saw the rifle, they reported it to their employer. Ultimately, Mr. Ranson was fired.
Mr. Ranson brought suit against his employer for unlawful discharge under the Business Liability Protection Act. At issue before the circuit court was the conflicting provisions of West Virginia Code § 61-7-14(d)(1) and § 61-7-14(d)(3). The Supreme Court of Appeals, on appeal, determined there was no such conflict as one section dealt with actual possession of a firearm on private property, whereas the other section dealt with conditions of employment irrespective of actual possession. Thus, the Supreme Court of Appeals determined that it was improper for the circuit court to grant summary judgment to Guardian.
The Supreme Court of Appeals created a new syllabus point as a result of this case. In Syllabus Point 4, the Court held “Under the Business Liability Protection Act, West Virginia Code § 61-7-4(d)(3) (2018), no employer may condition employment on an agreement with an employee for a prospective employee prohibiting him from keeping a legal firearm locked inside or locked to a motor vehicle in a parking lot when the firearm is kept for lawful purposes.” Thus, with this syllabus point, employers must know that it is improper, as a matter of law, to condition employment in any respect on preventing an employee from bringing a firearm to work as long as it is locked inside the employee’s or prospective employee’s vehicle.
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Bailey & Wyant PLLC and Equity Member James W. Marshall III
Sponsor West Virginia's Greatest Airshow
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Bailey & Wyant PLLC is proudly sponsoring the 2023 West Virginia Airshow held August 26th and 27th at the Eastern West Virginia Reginal Airport. The Centennial Celebration will be held at Shepherd Field in Martinsburg, West Virginia. Tickets are on sale NOW.
For more information please visit, www.WVAirshow.com.
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B&W and the Gavel Summer Summit |
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Charleston Equity Member, Kelly C. Morgan |
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Equity Member Kelly C. Morgan attended an interactive training Summit with the Gavel in Columbus Ohio. The Summit was hosted at S-E-A's headquarters. The Summer Summit included individuals from Workplace Matters, Transportation and the Premises & Dram Shop Practice Groups.
S-E-A has been a powerful resource in litigation for over 50 years. S-E-A is a multi-disciplined forensic engineering, fire investigation and visualization services company specializing in failure analysis.
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Supporting the Local Community |
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Bailey & Slotnick, PLLC along with Bailey & Wyant, PLLC are proudly sponsoring the Charleston YWCA's Girls Night Out for 2023 this August.
For 25 years, Girls Night Out has been more than just a party; it's a celebration of women working for their communities. This event raises funds and awareness for the YWCA Resolve Family Abuse Program to serve victims of domestic violence and their children.
Stay tuned for the August edition for updates and pictures of the event. Tickets can be purchased at www.ywcacharleston.org.
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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.
304.345.4222 CHARLESTON
304.233.3100 WHEELING
304.901.2000 MARTINSBURG
Sincerely,
Bailey & Wyant, PLLC
304-345-4222
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