Are you familiar with the origin of "August?" |
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I bet you are thinking the word August is most likely from Latin origin as are many words in the English language, and you are absolutely correct. The word is derived from the Latin word augere, meaning "to increase". The name August is also a boy's name meaning "great, or magnificent". And why is that so important, you may wonder? Not only have the members of Bailey & Wyant PLLC increased their victories this month we have also grown by one. I am happy to announce that our Managing Member Charles R. Bailey and his lovely wife Peggy have welcomed their first grandchild. Please enjoy this month's accomplishments and join me in congratulating Chuck and Peggy on the recent addition to their family.
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Chuck and Peggy welcome their first Grandchild |
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Bailey & Wyant PLLC's Managing Member Charles R. Bailey |
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Bailey & Wyant Managing Member Charles R. Bailey and wife Peggy not only celebrated their 41st Wedding anniversary this month, but they also were able to welcome their very first grandchild, John Bailey Slavin. Word has it that it was "love at first sight." We are all pretty sure it won't be long before John has his own fishing pole and life jacket for an excursion on the lake with Grandpa. Congratulations Chuck and Peggy and the rest of the Bailey-Slavin family.
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Complete Dismissal in Homeowner v. Contractor |
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Equity Member Justin C. Taylor and Member Daniel T. LeMasters of
Bailey & Wyant PLLC's Charleston Office
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Equity Member Justin C. Taylor and Partner Daniel T. LeMasters recently received complete dismissal of two of three counts brought forth by a plaintiff in a lawsuit involving a homeowner versus a contractor. The case involved a foundation support system installed by the defendant. The Court dismissed plaintiff’s claims of Fraudulent Misrepresentation and Violation of the West Virginia Consumer Credit and Protection Act as a matter of law.
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Administrative Remedy Process, available or not? |
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Member James W. Marshall III of the Martinsburg Office
and Associate Samuel M. Bloom of the Charleston Office
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Bailey & Wyant PLLC's Member James W. Marshall III, and Associate Samuel M. Bloom represented the West Virginia Division of Corrections and Rehabilitation, West Virginia Regional Jail and Correctional Facility Authority, and the West Virginia Department of Military Affairs and Public Safety in a lawsuit brought by a currently incarcerated individual.
There is a procedural requirement that inmates must exhaust a correctional institution’s administrative remedy process prior to filing suit unless the inmate can establish that the administrative remedy process was unavailable to that inmate. The Court originally found that there was a question of fact at the Motion to Dismiss stage as to whether the administrative remedy process at the jail was available and allowed limited discovery on this sole issue. After the close of discovery and the filing of our Motion for Summary Judgment, the Court found our arguments that the administrative remedy process was indeed available to the plaintiff and that the plaintiff failed to exhaust the administrative remedies available to them to be more persuasive than the arguments put forward by the plaintiff and their counsel.
As a result, Mr. Marshall and Mr. Bloom obtained an Order granting our Motion for Summary Judgment and had the case dismissed against our clients.
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Standard of Care Never Breached |
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Of Counsel, Albert "Abbie" C. Dunn of Bailey & Wyant PLLC's
Charleston Office
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Of Counsel, Albert "Abbie" C. Dunn represented two veterinarians before the Board of Veterinarian Medicine in response to Complaints filed by clients of the Veterinarians related to the care presented to the Complainant’s pets; the Board dismissed both Complaints after receiving formal responses from the Veterinarians.
The first case involved a claim that the veterinarian who worked in an ER setting failed to properly diagnose and treat a dog that presented with an abscess in the mouth. The claim was that the veterinarian did not properly access the seriousness of the condition and perform a surgery as opposed to release the dog to be seen by the client’s primary veterinarian. The Board determined that there was no probable cause to support the litigation of the Complaint because the veterinarian did not breach the standard of care.
The second case involved a claim against a veterinarian who was presented a cat with a severe ear infection. The veterinarian diagnosed the issue and prescribed an “off label” antibiotic which is indicated for use in dogs; the cat died a few days after the veterinarian’s assessment. The Complaint was that the prescribing of the antibiotic caused the death of the cat. The Board determined that there was no probable cause to support the litigation of the Complaint because the veterinarian did not breach the standard of care in that the cause of death was not related to the prescription.
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Appointment to the Board of Directors |
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Bailey & Wyant PLLC's Member James W. Marshall III, of the Martinsburg Office was recently appointed to the Eastern West Virginia Regional Airport Board of Directors.
This month the Eastern West Virginia Regional Airport announced members of the board of directors for the MRB Foundation, a nonprofit organization that will raise money for aviation-related purposes.
“The formation of the MRB Foundation, a 501c3, will allow us to raise moneys for aviation-related purposes, like community events, education, public awareness and recruitment. We will be able to promote learning opportunities and provide exposure to aviation through public events, scholarships and a variety of other avenues,” Jim Klein, Chairman of the Eastern WV Regional Airport.
The board members were selected from a mix of community and current authority board members at the EWVRAA.
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A Little Bit of Fun at the Ball Park |
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This year the Charleston Office was finally able to have a little bit of fun at the WV Power Park. Members and their families enjoyed a beautiful evening cheering on the Appalachian Power to a victory over the Lancaster Barnstormers. |
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2022 Best Lawyers in America |
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Bailey & Wyant PLLC proudly announces Members recognized as
Best Lawyers in America 2022
(As pictured from left to right)
Thomas E. Buck, Wheeling Office - Civil Litigation
Charles R. Bailey, Charleston Office - Employment Law, Insurance Law, Insurance Litigation
Justin C. Taylor, Charleston Office - Product Liability Litigation
David L. Wyant, Wheeling Office - Commercial, Banking, Finance, Labor & Employment, and Product Liability Litigation, Medical Malpractice.
Diane Senakievich, Wheeling Office - Personal Injury Litigation
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Associate Samuel M. Bloom keeping you informed |
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On April 6, 2021, the West Virginia legislature passed S.B. 673. It officially took effect last month on July 1, 2021. This new addition to the West Virginia Code added an entirely new code section: W. Va. Code § 56-1-1b. This new section relates to the proper venue for bringing civil actions or conducting proceedings under construction contracts in West Virginia.
Specifically, this new law provides that when a party, whose principal place of business is in West Virginia, enters into a “construction contract” after July 1, 2021, the construction contract must provide that any civil action or arbitration called for or permitted by the contract must be commenced and heard in West Virginia, in the jurisdiction where the construction project is located, or any other jurisdiction where venue is proper under W. Va. Code § 56-1-1, et seq. Any provision contained in a construction contract entered into after July 1, 2021 that mandates that an action be brought outside of West Virginia will be deemed unenforceable.
The term “construction contract” is defined very broadly. “Construction contract,” as used here, means a contract, subcontract, or agreement entered into or made by an owner, architect, engineer, contractor, construction manager, subcontractor, supplier, or material or equipment lessor for the design, construction, alteration, demolition, renovation, remodeling, or repair of, or for the furnishing of material or equipment for a building, structure, appurtenance, or other improvement to or on public or private real property, including moving, demolition, and excavation connected with the real property. “Construction contract” also includes an agreement to which an architect, engineer, or contractor and an owner’s lender are parties regarding an assignment of the construction contract or other modifications.
Essentially, this all means that now, all construction-related civil actions and arbitrations that would take place because of some dispute will be required to be hashed out within West Virginia, regardless of whether a contract provision requires litigation or arbitration in another state. If the construction contract was entered into prior to July 1, 2021, then any contract provision that would require litigation or arbitration outside of West Virginia would still be enforceable. Additionally, this statutory provision would not apply if the construction entity’s principal place of business is not located in West Virginia.
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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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