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Bailey And Wyant PLLC / Bailey and Wyant PLLC False Affidavit

1 500 Virginia Street East | Suite 600 United Center, Charleston, WV, United States Review updated:
Contact information:
Phone: 304.345.4222

Blogger to Challenge and Reforge West Virginia Internet Law after Civil case filed by former Bailey and Wyant PLLC attorney Robert P. Martin.

Toronto/Ontario, Canada | Currently a defendant in a defamation lawsuit, Norman Alderman writes a blog, The Pocahontas Commentator. Since 2011 it has put an unflattering lens to political, police and judicial goings on in Pocahontas County, WV.

“The Internet is a wide frontier with vast capacity to challenge traditional bullies and other privileged interests, ” said Jensen. “Norman is so much more than a blogger. He’s a defender of democratic participation and an evangelist for free speech.”

See case information in this link
http://vtater.com/martin/The%20Effort%20to%20Kill%20the%20Commentator/index.html

Cited in the lawsuit by plaintiffs Robert P. Martin and Charles R Bailey, Alderman is accused of defamation expressed over the Internet. Bloggers everywhere and organizations dedicated to protecting Internet freedom watch with interest, weighting this case as an important test of inadequate and outdated WV statutes.

In principle, the affidavit filed against Alderman is invalid given WV statutes do not directly address defamation by Internet blog. For instance, Martin, who stood unsuccessfully in the 2012 runoff for Pocahontas County Prosecuting Attorney, relies on antiquated law to pursue Alderman for interfering with democratic process via publication.

Remarkably, in his affidavit Martin seems to blame Alderman’s blogging observations for his election loss. However, the statute Martin invokes refers only to newspapers and some periodicals; a blog is neither and therefore has no status under current WV laws related to election process interference.

Further, Martin and Bailey have not complied with due process as set out under Internet defamation protocol in advance of filing their affidavit. Modern protocol requires a formal request under the Digital Millennium Copyright Act (DMCA) before other legal avenues can be pursued. To-date, there is no record of such a request from either Martin or Bailey as regards their complaint against Alderman.

Appointed Assistant Prosecutor for the county in February 2013, Martin’s affidavit is filed as a private citizen with co-plaintiff Bailey, managing partner in Bailey and Wyant PLLC. Their affidavit also cites third party blogs posted by “Jim Jenson” [sic] and reposted by Alderman. In his own posts Jensen treats his longstanding and comprehensively documented disputes with Martin and his former law firm Bailey and Wyant.

Recently the Bailey and Wyant firm formally requested through DMCA the takedown of Jensen’s blog posts regarding his dispute with them.These requests were denied under the Act as Jensen’s posts were deemed appropriate for the Internet and, therefore, not defamatory. By extension, they are not defamatory in The Pocahontas Commentator.

“At its heart this lawsuit seeks to strike a free speech chill, ” said Jensen. “Anyone interested in preserving Internet freedom and free speech should follow and support Norman Alderman’s cause. It concerns us all.”

James Fredrick Jensen is a private citizen blogger.

Contact:
Lars Jakobsen, director of PR
LJR Consulting Company Ltd.
1301-15 McMurrich St.
Toronto Ontario Canada
M5R 3M6
[protected]

Bailey And Wyant PLLC

Af
Mar 19, 2013

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  • Af
      Jun 03, 2016
    Bailey And Wyant PLLC - Did Bailey And Wyant Attack Past Client's Credibility?
    Bailey And Wyant PLLC
    Charleston
    West Virginia
    United States

    Did Bailey And Wyant Attack Past Client's Credibility?
    Organization for Integrity in the Law (OIL) today announced its commitment to redouble its efforts to restore the reputation of James Frederick Jensen. A victim of unethical law practices, his credibility has been attacked online and elsewhere by his former attorneys Bailey and Wyant PLLC.

    City/State, Country (Free-Press-Release.com) OIL has launched an initiative to have false allegations of Jensen removed from Facebook and other sites. False allegations include depiction of Jensen as a conman, with criminal actions alleged to have taken place in Belize. There is no record in Belize of formal charges or convictions for Jensen.

    In fact, Robert P. Martin, a former partner with Bailey and Wyant, who had power of attorney three years ago, was able to portray Jensen as a money launderer when a legitimate bank transfer from the US to Belize earmarked for investment in a coffee plantation was invoked as part of a land deal. OIL has posted online the original documents and story surrounding the money destined for investment in the coffee plantation. These documents completely exonerate Jensen and are now a matter of public record.

    OIL will continue to report on the outcome of its efforts to reinstate Jensen's reputation.

    "Social media provides a new forum in which victims of unethical law practices are empowered to tell their stories, " said OIL President Vivian Trill. "In the best cases, public airing of unethical practice can leverage legal remedies."

    OIL is a volunteer organization deploying its social media expertise to help people who have been harmed by the wrongdoings of members of the legal profession. Our statements on behalf of our clients are based on verifiable documents only, all of which are posted on the Internet as a matter of public record.

    0 Votes
  • Af
      Jun 03, 2016
    Bailey And Wyant PLLC - Did Bailey And Wyant Block Client Legal Actions In Florida?
    Bailey And Wyant PLLC
    Charleston
    West Virginia
    United States
    baileywyant.com

    Did Bailey And Wyant Block Client Legal Actions In Florida?

    Organization for Integrity in the Law (OIL) today announced discovery of inter-lawyer interference on the part of Bailey and Wyant PLLC against James Fredrick Jensen.

    City/State, Country (Free-Press-Release.com) After a three year battle to address negligence on the part of former Bailey and Wyant partner Robert P. Martin, Jensen's new team of attorneys recently discovered that the law firm had misrepresented Jensen's character to his Miami attorney Ted Leopold. Bailey and Wyant communicated to Leopold that Jensen had a criminal record in Belize. No such record exists.

    In 2009, Leopold had taken up Jensen's case after Martin had failed to properly represent Jensen in an insurance lawsuit. According to verified documents which are now openly published on the Internet, Martin fabricated a Florida lawyer who was to file the case. No such lawyer exists. Subsequently, Jensen's case languished by the wayside and left him open to claims of over $250, 000 by a healthcare provider.

    After receipt of misinformation from Bailey and Wyant, Leopold did not pursue the case on behalf of Jensen. Jensen's current lawyers have requested their client's file from Leopold and are still waiting for delivery of the documents. OIL will continue to report on the status of those documents.

    "Social media provides a new forum in which victims of unethical law practices are empowered to tell their stories, " said OIL President Vivian Trill. "In the best cases, public airing of unethical practice can leverage legal remedies."

    OIL is a volunteer organization deploying its social media expertise to help people who have been harmed by the wrongdoings of members of the legal profession. Our statements on behalf of our clients are based on verifiable documents only, all of which are posted on the Internet as a matter of public record.

    0 Votes

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