Bailey & Wyant, PLLC Featured Member of THE GAVEL

Bailey & Wyant, PLLC's Equity Member Kelly C. Morgan and Managing Member, Charles R. Bailey

Equity Member Kelly C. Morgan, and Managing Member Charles R. Bailey of the Charleston Office were recognized as Featured Members by The Gavel for the month of July.

The Gavel is a nationwide network of vetted law firms and specialists. Their primary mission is to streamline the workday of Claims Leaders and Risk Managers by providing a single access point to some of the most qualified professionals in the industry. Gavel members work with clients to evaluate incidents, and to explore the merits of each claim, by identifying evidence to reach solid, factual, dependable conclusions. Law Firm Members include some of the most accomplished litigators in the industry, with proven track records and bona fide results.

Covid-19 Exposure

Equity Partner John P. Fuller and Of Counsel Andrew R. Herrick

Bailey & Wyant, PLLC's Charleston office Equity Member John P. Fuller and Of Counsel, Andrew R. Herrick obtained a dismissal of several Correctional Officials in the United States District Court for the Southern District of WV. The Plaintiff had alleged that he had been intentionally exposed to Covid-19. 

Petition for Writ of Prohibition

Equity Partner, Jordan K. Herrick

Charleston Equity Member Jordan K. Herrick successfully obtained a Writ of Prohibition from the West Virginia Supreme Court of Appeals on behalf of his client, the Health Services Administrator at Kenneth “Honey” Rubenstein Juvenile Center.

The Health Services Administrator was summarily held in criminal contempt by a circuit court judge pertaining to the medical care of a juvenile at the facility. Mr. Herrick filed a Petition for Writ of Prohibition to the Supreme Court of Appeals arguing that the circuit judge did not have jurisdiction to enforce the contempt order because the court failed to afford the Health Services Administrator various due process considerations, including notice, the right to be heard, and the right to a jury trial. The Supreme Court of Appeals granted the Writ to prohibit the circuit judge from enforcing the contempt order.

Case Dismissed, Order Upheld

Charleston's Of Counsel, Abbie C. Dunn, Jr.

Of Counsel, Albert C. Dunn, Jr. (Abbie) of the Charleston office defended a claim brought by a very litigious, pro se Plaintiff in the U.S. District Court who has alleged that a representative of the Kanawha County Commission violated his constitutional rights in failing to present Plaintiff with a notice of right to redeem property that had been sold in a tax sale and Plaintiff failed to pay certain taxes on the property.   

During the course of litigation and at the pretrial stage, Mr. Dunn filed a Motion for Sanctions for Plaintiff’s failure to comply with the Court’s Scheduling Order(s) and also specific disclosure requirements pursuant to the Rules of Civil Procedure.   The District Court Judge granted the Motion for Sanctions and entered a Memorandum Opinion and Order finding that dismissal of the case was an appropriate sanction.  In addition, the District Court also approved a recommended Order of the Magistrate Judge finding that an award of fees and costs to Defendant associated with the litigation of the Motion for Sanctions is also an appropriate sanction; an Order on Defendant’s Petition for Fees is pending.

Mr. Dunn also received an Order from a Circuit Court denying a Plaintiff’s Motion to Certify a Class of potentially 69 West Virginians alleged to be consumers from whom Defendant is alleged to have illegally attempted to collect a debt pursuant to the provisions of the West Virginia Consumer Credit Protection Act by impermissibly filing a lawsuit and asserting an entitlement to legal fees.

The Court agreed with Defendant that Plaintiff had not met his burden of proof to present evidence of any of the required four elements supporting the certification of a class action consistent with Rule 23 of the West Virginia Rules of Civil Procedure.          

Dismissal in the US District Court for the Southern District of West Virginia

Equity Member John P. Fuller and Associate Celeste E. Webb

Charleston Equity Member John P. Fuller and Associate Celeste E. Webb obtained dismissal of an Elected County Prosecutor and Assistant Prosecutor from a case pending in the Southern District of West Virginia. The Plaintiff sued alleging wrongful arrest/prosecution and violation of Civil Rights. 

DTCWV Award Recipient

Charleston Member Suleiman O. Oko-ogua

and Managing Member Charles R. Bailey

Bailey & Wyant PLLC's Charleston Member Suliman O. Oko-ogua and Managing Member Charles R. Bailey attended the 2024 Annual Meeting of the Defense Trial Counsel of West Virginia.

Suleiman was appointed to the Board of DTCVW this year. In addition, he is also the 2024 IDEA (inclusivity, diversity, equality and action) award recipient. Earlier this year he was nominated to serve as well on the board of directors for the WV Bar Foundation.

So how can we reduce our ecological footprint and be more ethical? What actions can we implement to create a greener workspace? What should we do first? These 4 sustainability in the workplace ideas will help you get started.

TECHNOLOGY CAN HELP REDUCE YOUR ENVIRONMENTAL IMPACT...

1.Take Advantage of Smart Technology

Workplace technology offers a large number of resources to support you in mitigating your ecological impact. From sensor devices to smart plugs and automated facility systems, modern technology has made reducing your energy consumption and carbon footprint easier. Also, sustainability measurement tools are a great solution to analyzing your economic, social, and environmental KPIs (Key Performance Indicators).

2.Switch to Digital Work

Not only does digitalization decrease paper waste, but it also allows one to perform remote work without any constraints. Flexibility gives people the opportunity to work form home or a third workplace more often and therefore, reduces pollution caused by commuting. It means rethinking your office space planning, which can help you save energy and make sustainable improvements.

3.Become a Paperless Office

Our planet's resources are not endless, as we all know. For this reason, it is crucial to reduce our paper usage as much as possible. Solutions such as office digitalization using tools like interactive flipbook maker or paper alternatives like erasable stone paper notebooks help minimize waste and preserve forest and water resources.

4.Decrease the Brightness of your Screen

According to a Harvard University professor, decreasing your computer screen's brightness from 100% to 70% can save up to 20% of the monitor's energy. This is a simple green idea to implement in your sustainability strategy. Your employees can adjust the lighting settings or switch to dark mode. On top of that, dark mode options help minimize eye strain, which can appear when working online daily.