128 results for 'court:"DC Court of Appeals"'.
J. Deahl finds the lower court improperly dismissed a tenant's negligence action against his landlords based on the alleged theft by contractors whom the landlords had allowed into his apartment. He was not required to show heightened foreseeability, as he sufficiently pleads they unlocked his front door and did not monitor people entering and leaving the unit. Reversed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: November 22, 2023, Case #: 21-CV-0546 , Categories: Landlord Tenant, Negligence
J. Alikhan reverses the trial court's finding for a couple on their claims against a contractor related to advance payments they made for renovation work they deemed defective. The couple failed to show the contractor or his wife actually accepted the advance payments. Reversed in part.
Court: DC Court of Appeals, Judge: Alikhan, Filed On: November 22, 2023, Case #: 22-CV-0527, Categories: Property, Contract
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J. Thompson upholds defendant's consecutive 36-month sentences for his guilty pleas to two counts of burglary. The superior court properly determined his motion for a reduced sentence was untimely filed 120 days after his sentence was imposed. Affirmed.
Court: DC Court of Appeals, Judge: Thompson, Filed On: November 22, 2023, Case #: 22-CO-0783 , Categories: Burglary, Sentencing
J. Thompson vacates an order of mandated in patient commitment of an 80-year-old woman who has been diagnosed with schizoaffective disorder, bipolar type. The lower court failed to wait for information about her possible neurological condition before ruling, and also failed to consider less restrictive alternatives. Vacated in part.
Court: DC Court of Appeals, Judge: Thompson, Filed On: November 22, 2023, Case #: 22-FM-0498, Categories: Commitment
Per curiam, the court of appeals disbars Brian David O'Neill after he pleaded guilty to two counts of wire fraud. Wire fraud is a crime of moral turpitude, and the attorney failed to file any exceptions to the Board on Professional Responsibility's recommendation to disbar.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: November 16, 2023, Case #: 23-BG-0504, Categories: Attorney Discipline
J. Deahl reverses a man’s unlawful possession of a firearm conviction, which he received because he did not immediately drop his weapon after defending himself against drive-by shooters. A person who has a weapon only for self-defense is not required to "drop it like a hot potato the moment they recognize that the threat on their life has ceased, nor would it be socially desirable to incentivize them to do so rather than pursuing a more sensible means of relinquishing the firearm.” Reversed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: November 16, 2023, Case #: 19-CF-0511 , Categories: Firearms, Self Defense
[Amended.] Per curiam, the court of appeals suspends John K. Evans for one year in a negotiated discipline case. He admits he engaged in reckless dishonesty by, among other things, failing to accurately report his financial holdings and outside clients.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: November 2, 2023, Case #: 23-BG-0741 , Categories: Attorney Discipline
[Consolidated.] J. Deahl upholds most the trial court's reductions and denial of fees sought by a guardian and conservator of a now-deceased 85-year-old widow. The $300 per hour fee charged by the attorney, who had sought $478,000 in the first five years of his appointment as guardian, was properly reduced based on the task, such as shopping or retrieving prescriptions for the widow. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: October 19, 2023, Case #: 19-PR-0634, Categories: Wills / Probate, Attorney Fees
J. Easterly vacates defendant's weapons-related convictions after finding the trial court improperly refused to strike the testimony of the only witness during defendant's suppression hearing. The government failed to produce the recording of the police officer who testified he relayed the tip regarding a man with a gun in his pants over the radio.
Court: DC Court of Appeals, Judge: Easterly, Filed On: October 12, 2023, Case #: 21-CO-0636 , Categories: Evidence, Search, Weapons
J. Washington suspends George A. Teitelbaum for 30 days in favor of one year of unsupervised probation with conditions. The sanction is appropriate in this negotiated discipline case, in which the Office of Disciplinary Counsel found Teitelbaum's misconduct did not include clear, convincing evidence he committed misappropriation.
Court: DC Court of Appeals, Judge: Washington, Filed On: October 5, 2023, Case #: 22-BG-0906 , Categories: Attorney Discipline
J. Deahl vacates the trial court's finding for a condo association on a condo unit owner's claims arising from the collapse of a foundation wall, which left the building uninhabitable for almost a year. Contrary to the trial court's finding, the owner was not required to provide expert testimony to support its negligence claim. Vacated in part.
Court: DC Court of Appeals, Judge: Deahl, Filed On: September 28, 2023, Case #: 22-CV-0593 , Categories: Property, Negligence
J. McLeese upholds the trial court's finding for the district on a property owner's due process claims related to the demolition of its building. The owner received adequate notice, as it was post at the property and sent through the mail. Affirmed.
Court: DC Court of Appeals, Judge: McLeese, Filed On: September 28, 2023, Case #: 20-CV-0556 , Categories: Property, Due Process
Per curiam, the court of appeals suspends Paul Haar for 90 days, with reinstatement when he has fully refunded $21,000 to a former client. The attorney, who charged unreasonable fees to two clients, admits his violations, and the hearing committee's recommendation is appropriate for a negotiated discipline.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: September 28, 2023, Case #: 23-BG-0648, Categories: Attorney Discipline
J. Deahl upholds the trial court's dismissal of a company co-owner's fraud claims against his partners related to loans taken out on behalf of the company. Although he alleges the partners forged an operating agreement to remove his ownership interest in certain properties, the company's real operating agreement granted the partners the power to take out the loans on the company's behalf. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: September 21, 2023, Case #: 22-CV-0548 , Categories: Corporations, Banking / Lending, Contract
J. Deahl upholds the superior court's order enforcing a subpoena that requires Meta to hand over documents related to its enforcement of its Covid-19 misinformation policies. Contrary to Meta's arguments, the district is not required to get a warrant to compel disclosure under the Stored Communications Act, nor does the subpoena infringe the First Amendment rights of it or its users. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: September 14, 2023, Case #: 22-CV-0239 , Categories: Communications, Consumer Law, Discovery
J. McLeese vacates, in part, the trial court's denial of relief to an individual in a Freedom of Information Act case, in which he seeks documents related to decisions made against dentists by the Board of Dentistry. The trial court improperly determined the district's refusal to grant him a fee waiver was judicially unreviewable. Vacated in part.
Court: DC Court of Appeals, Judge: McLeese, Filed On: September 14, 2023, Case #: 19-CV-1239 , Categories: Civil Procedure, Public Record
J. McLeese upholds the Compensation Review Board's award of workers' compensation benefits to an individual. The board properly calculated his weekly wage and reduced the award to account for unemployment compensation he received in Virginia. Affirmed.
Court: DC Court of Appeals, Judge: McLeese, Filed On: September 14, 2023, Case #: 22-AA-0544 , Categories: Workers' Compensation
J. Glickman rules a group of former IT workers with the House of Representatives can only pursue their defamation claims against the publisher of “Obstruction of Justice: How the Deep State Risked National Security to Protect the Democrats,” which details an investigation into their alleged violations of House rules and crimes related to IT security. The trial court should have dismissed, under the Anti-SLAPP Act, their claims for emotional distress, because there is insufficient evidence the publication amounted to outrageous conduct, and unjust enrichment claim, as this equitable remedy is not available in this case. Reversed in part.
Court: DC Court of Appeals, Judge: Glickman, Filed On: September 7, 2023, Case #: 22-CV-0004, Categories: Defamation, Emotional Distress
J. Fisher reverses an employee relations board's decision to uphold an arbitration award ordering that a police officer be reinstated after the arbitrator found the police department waited to long to serve notice of the disciplinary action. The Comprehensive Policing and Justice Reform Amendment Act of 2022, which was passed during the pendency of this case and applies retroactively, repealed the 90-day rule at issue. Reversed.
Court: DC Court of Appeals, Judge: Fisher, Filed On: September 7, 2023, Case #: 19-CV-1161 , Categories: Arbitration, Employment, Labor
J. Thompson reverses the lower court dismissal of three retired military psychologists’ defamation action against the American Psychological Association and an attorney for their publication of a report that accused them of colluding with the Department of Defense to implement interrogation techniques that would not be restricted by APA ethical guidelines. The Home Rule Act precludes the application of the D.C. Anti-SLAPP
Act in this case. Reversed.
Court: DC Court of Appeals, Judge: Thompson, Filed On: September 7, 2023, Case #: 20-CV-0318 , Categories: Anti-slapp, Defamation, Military
J. Thompson vacates, in part, the Office of Administrative Hearings' order finding a worker was an employee of a shea butter importer, rather than an independent contractor. Evidence indicates the individual provided services both as an employee and as an independent contractor. Vacated in part.
Court: DC Court of Appeals, Judge: Thompson, Filed On: September 7, 2023, Case #: 22-AA-0225 , Categories: Employment, Labor