The West Virginia Supreme Court sided with an attorney last week in a memorandum decision, finding his age discrimination lawsuit against Bailey & Slotnick was erroneously dismissed.

Jay M. Potter, an insurance defense attorney representing himself, filed a five-count complaint against the firm—doing business as Bailey & Wyant—and its managing member, Charles R. Bailey, for fraud and breach of contract, as well as three counts of age discrimination—for failure to provide equal opportunity, unlawful threats, and constructive discharge, according to the court’s memorandum decision filed on Friday.