Mr. Kelley is extremely responsive and knowledgeable when it comes to family law. He and his staff are have done an excellent job handling child custody issues quickly and effectively, highly recommend.
Premarital Agreement
Mark Kelley won an appeal of a Family Court order that had invalidated a prenuptial agreement on the grounds that the spouse did not understand the agreement because, among other reasons, she did not read the prenuptial agreement prior to signing it. The West Virginia Intermediate Court of Appeals reversed, finding that the Family Court abused its discretion in finding that the spouse did not understand the prenuptial agreement because she did not read the agreement, among other reasons
Guardianship
In Franki’s profile, she describes how the loss of her father in 2011, and the struggles of handling his estate while working out of state, showed her the need for attorneys to specialize in working with families on guardianship and estate matters.
The firm offers mediation services for business disputes, estate disputes and domestic relations cases. Mark and Sam have taken basic and advanced mediation courses through the West Virginia State Bar. Mark has mediated numerous cases in the above fields and is available to assist litigants and their attorneys in trying to resolve these often-complicated and contentious matters. Sam generally limits his mediation practice to family law disputes. It greatly enhances the chances of a successful mediation if your mediator has extensive experience dealing with the issues to be mediated.
Employment law encompasses thousands of federal and state statutes, administrative regulations and judicial decisions that cover a wide spectrum of the employer/employee relationship. We handle issues for employees or employers in such areas as collective bargaining, employment discrimination, unemployment compensation, pensions, workplace safety and workers’ compensation.
Non-compete Agreement
Starting and operating a business requires many important decisions. We can help guide you through the process and protect your interests. The issues we handle include business incorporation, breach-of-contract claims, construction law, contractor’s liens, collection of debts, judgment enforcement, non-compete agreements, fraud, partnership disputes, operating agreements, employment matters, and business purchases and sales.
John litigates issues relating to real estate title and boundary disputes, probate, wills, trusts, contracts, fiduciary matters, residential and commercial construction, and other matters.
Construction Litigation
Scott Kaminski won a jury verdict in federal court for client in a construction contract case. The opposing party claimed client failed to pay in full on invoices for construction work allegedly completed. Jury not only found that client did not breach the contract, but also found that the opposing party was the one who breached the contract and awarded damages to client on its counterclaim.
Real Estate Transactions
John assists clients in completing residential and commercial real estate transactions from purchase agreement through closing and everything in-between.
Easement
Landlord-Tenant Disputes
We handle a variety of real estate legal issues, including sales, leasing, financing, contract negotiations, title assurance, landlord-tenant relations and taxes. When litigation is necessary, we represent clients in disputes over construction, mechanic’s liens, easements, boundaries, condemnation and landlord-tenant issues.
Scott H. Kaminski has joined the firm in an Of Counsel position. Scott concentrates on personal injury, professional negligence, employment law and civil litigation. He is a native of Pittsburgh, Pennsylvania and has been a trial attorney for 28 years.
Throughout his legal career, Chris has practiced in a variety of areas, but concentrates mainly in the areas of estate planning and administration, business planning, taxation, real estate, and civil litigation.
Wills
Chris is a frequent lecturer for professional and business groups on wills and trusts, ethics, and litigation. He is co-author of “Laying Claim: A Practitioner’s Guide to Will Contests in West Virginia” and “Still Laying Claim” which are published in the West Virginia University Law Review. He has authored of the “Probate Happens” series, published in The West Virginia Lawyer Magazine.
Trusts
He has been selected as a West Virginia Super Lawyer in the field of estate planning. Since 2012, he has been selected by his peers to be included in The Best Lawyers in America®, in the practice area of Trusts and Estates. He was named Best Lawyers’ Trusts and Estates Lawyer of the Year for Charleston, West Virginia for 2016 and 2019. Chris is rated AV Preeminent® from Martindale-Hubbell® Peer Review Ratings. He also is a member of the Million Dollar Advocates Forum.
Power of Attorney
John helps his clients create estate plans, including wills, trusts, powers of attorney, and other related documents. John is knowledgeable and experienced with gun trusts for Title II Firearms.
Later, the firm became Payne, Minor and Ray. John V. Ray joined the firm after he returned to Charleston following service in World War I and completion of a Rhodes scholarship. In 1952, his son, John L. Ray, joined the firm after serving in World War II and obtaining chemical engineering and law degrees from the University of Virginia. By 1955, the firm became Payne, Minor, Ray, Price & Loeb with the addition of Charles W. Loeb, one of the first West Virginia lawyers to specialize in tax law.