Legislative Rundown with Adam Strider: SB 35

Is Mandatory Pre-Suit Mediation on the Way in West Virginia?

Designated as Senate Bill 35, Senator Michael Woelfel (D-Cabell) has introduced legislation that, if enacted, would require a potential plaintiff to make a demand for pre-suit mediation before instituting any civil action in West Virginia circuit court. Senator Woelfel introduced an identical bill near the end of the 2017 legislative session, but it did not advance past its judiciary committee referral.

Legislative Rundown with Michael Taylor: HB 2655

"Grace's Law" Seeks to End Cyberbullying

According to a survey conducted by the Cyberbullying Research Center, out of a survey conducted of 4,500 U.S. 12-17 year-olds, over 30% respondents stated that they had been cyberbullied in their lifetime.  Specifically, 30.7 % of the males surveyed and 36.3% of the females surveyed responded in the affirmative to having been bullied in their life. 

Legislative Rundown with Michael Taylor: HB 2768

Could Penalties for Violations of The West Virginia Consumer Credit and Protection Act be Capped at $1,000?

The West Virginia Consumer Credit and Protection Act is designed, in part, to protect consumers from unfair debt collection practices.   Under the original version of the Act, trial courts had a wide monetary range upon which it may impose civil penalties against a debt collector who violated that Act.  Within the last three years, changes have been made to the Act to limit the discretion and amount of civil penalties that may be awarded against a debt collector in violation of the Act.  This year, a bill is pending seeking to limit the penalties further.

Legislative Rundown with Adam Strider: SB 284

Bill to Offer Free Community College Advances

Senate Bill 284, which would offer in-state public community college to certain students at no cost to the student, was reported out of committee on Tuesday by the Senate Education Committee. Sponsored by Senate President Mitch Carmichael (R-Jackson) and Senate Minority Leader Roman Prezioso (D-Marion), the bill, as currently amended, would permit a West Virginia high school graduate, or graduate of an equivalent program, to enroll for free in specific associates degree and certificate programs which are identified as a workforce need.

Collateral Evidence Doctrine with Unaiza Riaz

The collateral evidence doctrine forbids the introduction of extrinsic evidence to contradict a witness on a collateral matter. Frederick C. Moss, The Sweeping-Claims Exception and the Federal Rules of Evidence, 1982 Duke Law Journal 61-112 (1982). Its purpose is to “limit the scope of impeachment to the introduction of evidence that is relevant to the important issues in dispute.” Id. Therefore, it functions as a corollary to the relevancy requirement; it excludes evidence that is logically relevant to the credibility of witnesses. Id.


LCLD Networking Reception and Panel Discussion

On January 22, 2018, Bailey & Wyant, PLLC Member, Suleiman Oko-ogua attended a networking reception and panel discussion organized by the Leadership Council on Legal Diversity (LCLD) and the West Virginia State Bar at WVU College of Law. Approximately 50 people gathered for the kick-off reception for the 1L Mentoring Program, a mix of first year law students and industry leaders. We are proud to announce that Oko-ogua has been named a 2018 fellow for the LCLD.

Bailey & Wyant, PLLC Obtains Dismissal in Federal Court

In Tomashek v. Raleigh County Emergency Operating Center et al., Plaintiff filed suit alleging that his wife had called 911 and requested an ambulance to take him to a medical care facility after he became disoriented, aggravated, and disruptive and exhibited other mood disturbance behaviors following inhalation of paint fumes. The 911 dispatcher viewed it as a domestic disturbance and out of concern for the safety of Plaintiff’s wife and minor children, dispatched law enforcement to the scene rather than an ambulance.