Surviving 2020 and stronger than ever |
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Bailey & Wyant PLLC celebrates 20 years of service and dedication to its clients.
We thank you for your business and continued support.
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20 Years of Service to our Clients |
Bailey & Wyant, PLLC was formed in 2000. Since its inception, the firm has grown from only a handful of attorneys to its current mark of over thirty. We have offices in Charleston, Wheeling and Martinsburg, West Virginia, and provide representation to clients throughout West Virginia, Ohio, Kentucky, and Pennsylvania.
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.
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Bailey & Wyant PLLC's Members James Marshall and Michael W. Taylor |
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Bailey & Wyant PLLC,s Members James Marshall and Michael W. Taylor received a favorable ruling from the Supreme Court of Appeals of West Virginia. In the case the Plaintiff alleged that a former Correctional Officer was negligent in the supervision of an inmate who was incarcerated at Eastern Regional Jail. As a result of this alleged failed supervision, the inmate committed suicide.
A motion to dismiss was filed on behalf the Officer arguing that the complaint failed to meet the heightened pleading standard applicable to claims against the government and governmental officials. On appeal, the Supreme Court agreed and confirmed that a heightened pleading standard exists for claims against the government and governmental officials. As a result, the matter was remanded with instructions to the trial court to consider the allegations under this heightened pleading standard.
This case is a significant victory for governmental entities and officials as it requires plaintiffs to make more than bare bone allegations against these types of defendants in a complaint. Prior to this decision, there was a question as to whether such a heightened pleading standard existed, which permitted courts to allow cases to move into discovery while passing on addressing certain legal defenses, such as qualified immunity. Now, a plaintiff must plead sufficient facts on the face of the complaint to overcome these legal defenses or face a dismissal of the complaint.
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Bailey & Wyant PLLC's Equity Member
Thomas E. Buck, Esq.
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The Wheeling Office was victorious in the matter of King v. Allegheny County Sheriff’s Office, et al., 2:19-CV-00992-DSC (W.D. Pa.2019), successfully moving the Court to dismiss the Northern Regional Correctional Facility from the matter for lack of jurisdiction.
In a claim of mistaken identity Plaintiff asserted he was arrested in the place of his twin brother. Plaintiff was also attempting to prosecute this as a civil rights action involving wrongful arrest, false warrants, and other similar allegations against a variety of public officials and agencies, mostly present in the Western District of Pennsylvania. In October, the Magistrate Court found that it had no jurisdiction over the Northern Regional Correctional Facility, and recommended dismissal of Plaintiff’s claims against it without prejudice. The District Court affirmed those findings on November 18, 2020. This matter was successfully defended by attorney Thomas E. Buck, Esq.
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Bailey & Wyant PLLC's Equity Member John P. Fuller and Associate Samuel M. Bloom |
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A Dismissal for Town of Marlinton |
Bailey & Wyant PLLC's Equity Member John P. Fuller and Associate Samuel M. Bloom obtained dismissal of the Town of Marlinton, WV in a case brought by two companies that owned and operated rental property situate within the Town of Marlinton, WV. The Plaintiffs asserted various causes of action alleging a violation of both State and Federal Constitutionally protected Rights. Additionally, the Plaintiffs challenged the Constitutionality of a Town Ordinance regulating residential rental property and seeking to protect the health, safety and welfare of renters.
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Bailey & Wyant PLLC's Member Michael W. Taylor and Member Samuel M. Bloom |
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Technical errors and ballots |
Bailey & Wyant PLLC's Member Michael W. Taylor and Associate Samuel M. were retained to represent Harrison County Commissioner-Elect Susan Thomas in an election contest. Specifically, the Petitioners filed an election contest alleging certain technical errors related to the absentee ballots in Harrison County.
Michael, on behalf of Commissioner-Elect Thomas successfully argued to the County Commission that the election contest petition was deficient, resulting in a dismissal of the contest. In the event of an appeal, Michael and Sam will continue to vigorously defend the election results in Harrison County.
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304.345.4222 CHARLESTON
304.233.3100 WHEELING
304.901.2000 MARTINSBURG
Sincerely,
Bailey & Wyant, PLLC
304-345-4222
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