Summary Judgement Won Before the United States District Court for the Northern District Of West Virginia

John Fuller and Michael Taylor won summary judgment on behalf of an insurance company before the United States District Court for the Northern District of West Virginia in a coverage dispute declaratory judgment action. The insured, a real estate developer, had prepped a site for the construction of a big box store for a tenant. After the store had been constructed defects were found in the building and alleged to have been caused by negligent site prep work.

What to Do When You Get Sued

John P. Fuller and Michael W. Taylor from the law firm of Bailey & Wyant, PLLC will be leading a workshop entitled “What to Do When You Get Sued.” The workshop is designed to provide insight and tips to county officials and employees regarding the steps to take when you are sued in your individual and/or official capacity as a county official.  Because you only have thirty-days from the date you receive a summons and complaint to take action (21 days if you are in federal court), it is crucial that you take immediate action.  But what action should you take?

Oko-ogua Gains Exclusive Invite to Join The National Black Top 100 Lawyers of 2015

Bailey & Wyant, PLLC is pleased to announce that Suleiman Oko-ogua has been invited to join The National Black Top 100 Lawyers for the year 2015.

Membership into The National Black Lawyers: Top 100 Lawyers is by invitation only. To be invited the attorney must exemplify exceptional qualifications and leadership in their state and chosen focus.

Justin Taylor Gets Accepted into the Defense Trial Counsel of West Virginia

Bailey & Wyant, PLLC is proud to announce Justin Taylor’s acceptance into the Defense Trial Counsel of West Virginia.

The Defense Trial Counsel of West Virginia provides networking for attorneys who defend individuals or corporations in civil suits.

The attorney must be licensed in the state of West Virginia.

Justin Taylor is a Member of Bailey & Wyant, with his office being in Charleston, W.Va.

Task Training and Deliberate Intent

By: Jordan K. Herrick

Those unfamiliar with West Virginia law may not realize that an injured employee can in fact have a cause of action against the employer and that the employee is not limited to recourse through the Workers’ Compensation system.  Injured employees have a cause of action codified in West Virginia Code § 23-4-2(d)(2)(ii)(A)-(E) against their employer to collect above and beyond that which the employee recovered through the Workers’ Compensation claim.  In order to prevail under this code section, also commonly referred to as “deliberate intent”, an employee must prove all five elements (A) through (E) by a preponderance of the evidence.  Generally speaking, an employee must prove that a specific unsafe working condition existed, which violated state or federal statute/regulation or industry standard; that the employer knew of the specific unsafe working condition; and, despite having knowledge of the specific unsafe working condition, the employer nonetheless exposed the employee to the condition and as a proximate result of the specific unsafe working condition, the employee suffered a compensable injury.

Register Now for the Construction Defect Disputes & Litigation Seminar

Bailey & Wyant Managing Member, Charles R. Bailey is leading one of five sections at the Construction Defect Disputes & Litigation: Using Coverage, Case Law, and Indemnification to Shift Liability seminar Monday, December 8, at the Holiday Inn Express Civic Center.

Mr. Bailey will be teaching the Insurance: Covered vs. Uncovered portion of the seminar.