One year ends, and another year begins. A new year often times encourages moments of reflection. We all have grow older, but have we grown wiser, smarter, more aware, with grace? Are there areas in our lives we want to improve upon, give more attention to? Twenty-three years ago Bailey & Wyant, PLLC opened it's practice in Charleston and Wheeling. We have grown to include Martinsburg in 2018, and to over 30 attorneys from just a handful. Every year we strive to become greater in our roles of support to our clients. To learn more about our practice, to become more efficient, and ever more dynamic in our representation. Thank you for your continued support over the years. Here's looking to 2023! Please continue reading to learn more and enjoy the latest news for you.

Bailey & Wyant, PLLC's equity member Kelly C. Morgan attended the Gavel National Conference VII, at the Ocean Reef Club, in Key Largo, Florida this January.

Kelly, along with a fellow Gavel member from Mississippi, and Insurance Claims Specialist from Markel, presented to a classroom of attorneys and specialists on the topic of "Ethics in Claims Handling." The conference hosted over 300 attorneys and industry claims specialists from all over the country.

The 45-year history of DRI encompasses many years of effort by dedicated lawyers who saw the need for a coordinated approach by defense lawyers to the challenges of a civil defense practice. They created the organizational vehicle to drive this effort and then nurtured the organization to maturity and success. Hundreds of lawyers have labored hard and long to make DRI the organization it has become.

Bailey & Wyant PLLC's Equity Member, Kelly Morgan; Of Counsel, Kristen V. Hammond; and Member, Michael W. Taylor, obtained summary judgment in federal court on behalf of the West Virginia State Board of Education and its former Superintendent, W. Clayton Burch, in B.P.J. v. West Virginia State Board of Education, et al.

The federal court’s ruling upheld the constitutionality of the West Virginia statute that bans transgender athletes from competing on female school sports teams. Plaintiff B.P.J., a transgender middle school student, challenged the statute on the grounds that it violated the Equal Protection Clause of the 14th Amendment and Title IX which prohibits sex-based discrimination.

Cases to watch for: Mallory v. Norfolk Southern Railway Co.

The article for this month focuses on a pending United States Supreme Court matter: Mallory v. Norfolk Southern Railway Co. The case deals with personal jurisdiction and whether the due process clause of the 14th Amendment prohibits a state from requiring a corporation to consent to personal jurisdiction to do business in the state.

In the case, Robert Mallory sued Norfolk Southern Railway in the Pennsylvania Court of Common Pleas under the Federal Employers Liability Act, asserting his work for Norfolk Southern Railway exposed him to carcinogens. Mallory had worked for the railroad in Ohio and Virginia, and both he and the company resided in Virginia at the time as well. The sole basis for personal jurisdiction over the company in Pennsylvania was that it had implicitly consented by registering to do business in the commonwealth. Robert Mallory asserted that consent-by-registration statutes produce valid consent to personal jurisdiction because consent-by-registration has been traditionally accepted as a basis of personal jurisdiction, and recent cases have not overruled this. Norfolk Southern Railway Company countered that consent-by-registration statutes fail to provide valid consent because registration jurisdiction is neither widely accepted nor consistent with modern personal jurisdiction jurisprudence. The Supreme Court of Pennsylvania agreed with Norfolk, holding that consent-by-registration jurisdiction violates the Fourteenth Amendment to the United States Constitution. Robert Mallory, as a result, petitioned for writ of certiorari from the United States Supreme Court of Appeals.

This importance of this case stems from the precedent it has on personal jurisdiction for corporate entities. Arguably, under Mallory’s position, every state could adopt Pennsylvania’s statutory scheme, and thus, corporations would be subject to suit in any state where it does business, even when the claim bears no relation to its in-state activity. Thus, the decision to be issued by the United States Supreme Court in this case will have a substantial impact on determining personal jurisdiction of corporate entities moving forward. This matter was argued before the Supreme Court in November 2022, so hopefully there will be a decision published by early summer. We will provide an update on the Supreme Court’s decision whenever it is published. 

Bailey & Wyant PLLC's Managing Member, David L. Wyant and Member, Jason P. Pockl of the Wheeling office received a Confirmatory Order from 4th Circuit of a Summary Judgment from the District Court regarding a coverage/declaratory judgment action in Farm Family v. Sea.

A friendly reminder to always make the call if something seems slightly off or unusual.

Be wary of texts or emails from your financial institution asking you to change your password after a suspicious login attempt.

Hackers often try to scare us into acting quickly. The threat of a compromised bank account is enough to get some people to click on a bad link or even hand over their login information. It’s always safer to simply call them.

To discuss your case, e-mail us (baileywyant@gmail.com) or give us a call.