No Hocus Pocus Necessary at Bailey & Wyant
Shrills, thrills and chills are the themes for this Halloween as we round out the month of October. At Bailey & Wyant PLLC the attorneys have been working their magic in and out of the courtroom. No spells needed for the positive results from our dynamic defense team. Please continue reading to learn more and enjoy the latest news for you.
Complete Dismissal for the West Virginia Board of Pharmacy
Managing Member, Charles R. Bailey, Equity Partner, Justin C. Taylor and Member, Michael W. Taylor of the Charleston Office.
Bailey & Wyant PLLC's Managing Member, Charles R. Bailey, Equity Member, Justin C. Taylor and Member, Michael W. Taylor, secured a complete dismissal with prejudice for the West Virginia Board of Pharmacy with respect to ten plaintiffs in the opioid litigation. The ten plaintiffs, all counties, cities, and/or towns in West Virginia, brought lawsuits against the Board of Pharmacy asserting negligence, violations of statute, and wrongdoing that led to the opioid epidemic. 

The cases were removed to the Federal Multidistrict Litigation Panel in the Northern District of Ohio. These dismissals follow several other dismissals in the opioid litigation that Bailey & Wyant has secured for the Board of Pharmacy.   


Trial Jury with A Defense Verdict
Equity Member, John P. Fuller and Member, Suleiman O. Oko-ogua
On October 18, 2022, Equity Member, John P. Fuller and Member, Suleiman O. Oko-ogua tried an 8th Amendment use of force case to verdict before a jury in the United States District Court for the Southern District of West Virginia. The jury deliberate for approximately 15 minutes before returning a complete defense verdict. 

Bailey & Wyant PLLC presents An Appealing Webinar
Equity Member, Kelly C. Morgan and Member, Michael W. Taylor
Bailey & Wyant PLLC's Equity Member, Kelly C. Morgan and Member Michael W. Taylor of the Charleston office, along with several members of The Gavel, presented an afternoon webinar discussing the process of Appeals. The Webinar included members from California, Florida, Kentucky, New York and our very own West Virginia. The session was designed for Claims and Risk professionals as well as all members of the Gavel.
The Next Generation of Law Students
Equity Member, Kelly C. Morgan, Member David J. Mincer, and Of Counsel, Heather L. Hutchins of the Charleston office.
West Virginia State University hosted its Criminal Justice Fair on October 18th, in conjunction with the DTCWV-Inclusion Diversity, Equity and Access (“IDEA”) Committee. A panel on law practice for lawyers and para-professionals was selected and Hillary Smith, Legal Administrative Assistant in our Charleston office participated. Hillary along with the other panel members answered several questions from students on campus. The intent was for the fair to serve as a catalyst to get WVSU students interested in pursuing legal professions and ultimately to help facilitate greater social discourse within the community.

Also in attendance were Equity Member, Kelly C. Morgan, Member, David J. Mincer and Of Counsel, Heather L. Hutchins to answer additional questions from faculty and students.
Charles R. Bailey attends Defense Counsel Summit
Zurich American Insurance Company hosted a two-day Defense Counsel Summit for all Staff Legal, Panel, and Insured Select Attorneys who handle liability-based litigation. 
 
This event featured some of its top defense attorneys from around the country discussing litigation tactics to combat Social Inflation and the myriad of Plaintiff tactics to increase jury awards.  
 
October Update from Samuel M. Bloom
It is officially hunting season in West Virginia, so it is important for our readers to be properly informed of applicable laws, rules and regulations for this season! There are many, many regulations promulgated by the Division of Natural Resources regarding hunter education, deer hunting, bear hunting, turkey hunting, boar hunting, hunting with bows, rifles, trapping, etc. For those who are not hunters, the first question one may ask is, “what do I need to do to go hunting this season or next?”

Under West Virginia law, a person may not legally hunt unless they have on their person: (a) the proper licenses, stamps or permits, or other proof that a valid license has been issued; (b) a state-issued photo ID; and (c) proof of hunter safety certification (if required). No base hunting license may be issued to a person born on or after January 1, 1975, unless the person presents to the license agent: a certificate of satisfactory completion of a Hunter Education Course approved by the Hunter Education Association or the Director, or the previous year’s resident or nonresident WV hunting license bearing certification or attests to certification when purchasing a license online.

Importantly, there are some exceptions for the need to have a license or permit to hunt. For example, resident landowners or their resident children or their resident parents or resident tenants of such land, may hunt or trap on their own land without a license during open seasons; West Virginia residents on active duty in the U.S. armed forces, while on military leave, may hunt or trap in season without obtaining a license but must carry their leave papers while hunting or trapping; and residents 65 years of age or older, who have attained that age prior to January 1, 2012, do not need a license to hunt or trap, but shall carry a WV driver’s license or WV photo ID card issued by the Division of Motor Vehicles. There are other exceptions as well.

There are no drastic changes to the DNR’s regulations this year. The several new changes include: (1) The seasons dates and open counties for antlerless deer, fall wild turkey, and black bear hunting seasons have changed; (2) Target practice on Wildlife Management Areas, State Forest, and other public lands under the management of the West Virginia Division of Natural Resources is only permitted at designated public shooting ranges; (3) All deer harvested by hunters on Nov. 21-22, 2022, in Barbour, Jackson, Mason and Upshur counties must be brought to a designated Biological Game Examination Station for carcass examination; and (4) Any person lawfully entitled to hunt may hunt with an air rifle during small game and big game firearm seasons. Air rifles may only be used for deer hunting in counties open to firearm deer hunting. Any person hunting with an air rifle is subject to all other rifle and firearm hunting regulations.

As stated above, there are many, many regulations promulgated by the DNR regarding hunting and trapping in West Virginia. It would be impossible to fit a more detailed discussion of the applicable rules and regulations in the State in this article. If one would like to review a general summary of the DNR’s rules and regulations, they can be found on the DNR’s website. 

Cyber Security Awareness Month
Since 2004, the President of the United States and Congress have declared October to be Cybersecurity Awareness Month, helping individuals protect themselves online as threats to technology and confidential data become more commonplace. The Cybersecurity and Infrastructure Security Agency (CISA) and the National Cybersecurity Alliance (NCA) lead a collaborative effort between government and industry to raise cybersecurity awareness nationally and internationally. 

Here are 4 Things You Can Do:

  • Think Before You Click: Recognize and Report Phishing: If a link looks a little off, think before you click. It could be an attempt to get sensitive information or install malware. 
  • Update Your Software: Don't delay -- If you see a software update notification, act promptly. Better yet, turn on automatic updates.
  • Use Strong Passwords: Use passwords that are long, unique, and randomly generated. Use password managers to generate and remember different, complex passwords for each of your accounts. A passwords manager will encrypt passwords securing them for you!
  • Enable Multi-Factor Authentication: You need more than a password to protect your online accounts, and enabling MFA makes you significantly less likely to get hacked.


B&W Proudly Sponsoring 2022 Guys Night Out
GUYS NIGHT OUT IS AN EVENT THAT IS ENGINEERED BY GUYS FOR GUYS

Guys Night Out is in its 17th year and continues to be the greatest tailgating event south of the Blue Lot! Not only does it allow guys to get together and cheer on the Mountaineers but all the proceeds benefit the YWCA Sojourner’s Shelter for Homeless Women and Families.

Since 1982 YWCA Sojourner Shelter for Homeless Women and Families has evolved from an overnight shelter in a church basement to the current 75-bed facility located on Washington Street East. YWCA Sojourner's Shelter for Homeless Women and Families provides emergency shelter for more than 700 individuals, including more than 200 children, each year. The shelter serves single women, single parents with children and families.

YWCA Sojourner's also includes the YWCA Sojourner's Education & Job Readiness Center available to all homeless adults in the Kanawha Valley. This center provides opportunities for individuals to further their education, gain job skills as well as assistance with job placement.



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 (baileywyant@gmail.com) or give us a call.
304.345.4222 CHARLESTON
304.233.3100 WHEELING
304.901.2000 MARTINSBURG 

Sincerely, 

Bailey & Wyant, PLLC
304-345-4222