135 results for 'court:"DC Court of Appeals"'.
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
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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
J. Glickman vacates the trial court's dismissal of a church's action against parishioners who challenged the church board's leadership and its elections. The elections should not have been invalidated due to lack of notice, as there was no evidence the church's notice of the elections was deficient.
Court: DC Court of Appeals, Judge: Glickman, Filed On: September 5, 2023, Case #: 21-CV-0262 , Categories: Elections
J. Easterly upholds the Board of Elections' decision that a certain individual, a non-practicing attorney, could not be placed on the ballot to run for attorney general in the June 2022 primary election. A candidate must be working as an attorney to run for election.
Court: DC Court of Appeals, Judge: Easterly, Filed On: August 31, 2023, Case #: 22-AA-0276 , Categories: Elections
Per curiam, the court of appeals suspends Darlene C. Jackson for 60 days. She issued a subpoena while discovery was stayed, disclosed the details of a sealed settlement agreement and failed to comply with court orders, among other things.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: August 31, 2023, Case #: 23-BG-0554 , Categories: Attorney Discipline
J. Deahl holds the trial court properly refused to suppress evidence found on a juvenile's cell phone during his trial on aiding and abetting murder and related charges. His mother had the authority to consent to a search of the phone, as the juvenile lived with her, she had purchased the phone and the phone was in her name. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: August 31, 2023, Case #: 21-FS-0478 , Categories: Juvenile Law, Murder, Search
J. Easterly upholds defendant's sexual abuse while armed and kidnapping while armed convictions. The trial court's refusal to grant defendant sanctions for the loss of photos of the victim taken by nurse following the rape or limit the admission of prior consistent statements under the report of rape rule was harmless. Affirmed.
Court: DC Court of Appeals, Judge: Easterly, Filed On: August 31, 2023, Case #: 19-CF-0117 , Categories: Evidence, Sex Offender
J. Deahl reverses two defendants' carjacking convictions after one held the victim at gunpoint while the other took his wallet, phone and car keys. The state failed to show the victim, who was standing 80 to 100 feet from his vehicle, which was parked around the corner of a building, was in immediate actual possession of the vehicle at the time of the crime. Reversed in part.
Court: DC Court of Appeals, Judge: Deahl, Filed On: August 24, 2023, Case #: 22-CF-0266, Categories: Evidence, Theft, Vehicle
[Consolidated.] J. Deahl finds the superior court improperly vacated a historic preservation board's decision to define a Scottish Rite Temple's boundaries as occupying only the area of its taxation lot, rather than the entire block where it is located. The boundaries had never been established and the decision was supported by substantial evidence. Reversed.
Court: DC Court of Appeals, Judge: Deahl , Filed On: August 24, 2023, Case #: 22-CV-0884 , Categories: Administrative Law, Property, Real Estate
J. McLeese vacates the trial court's order appointing the mother of an incapacitated individual as the individual's guardian, despite the individual's desire to have one appointed from a court-approved list. Although the trial court considered the individual's best interests, it failed to respect her autonomy. Vacated.
Court: DC Court of Appeals, Judge: McLeese, Filed On: August 17, 2023, Case #: 22-PR-0337, Categories: Family Law, Guardianship
J. Steadman finds the D.C. Circuit properly upheld a local law that requires licensed alcoholic beverage dealers to store their inventory within the district. A winery with inventory in Virginia fails to show the law violates the dormant Commerce Clause. Affirmed.
Court: DC Court of Appeals, Judge: Steadman, Filed On: August 10, 2023, Case #: 22-AA-0017 , Categories: Commerce, Constitution
J. Alikhan upholds the probate court's interpretation of a deed that a father had originally conveyed as a tenancy by the entirety to his son as one creating a joint tenancy with a right of survivorship to the son. The probate court properly relied on the father's intent when it determined the son was the owner of the property after the father's death. Affirmed.
Court: DC Court of Appeals, Judge: Alikhan, Filed On: August 10, 2023, Case #: 22-PR-0338, Categories: Property, Wills / Probate
Per curiam, the court of appeals vacates the superior court's order that defendant remain in inpatient treatment pending the filing of a civil-commitment case. Defendant was due certain findings before the order was made, including a determination whether he has a mental illness, and whether he is a danger to himself or others. Vacated.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: August 10, 2023, Case #: 23-CO-0233, Categories: Commitment, Due Process
Per curiam, the court of appeals upholds the Office of Administrative Hearings' order that a worker is entitled to partial unemployment benefits after he was terminated for simple workplace misconduct. His attempt to misappropriate funds is not considered gross misconduct, as the company was relatively unaffected, no money was misappropriated and the incident was isolated. Affirmed.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: August 3, 2023, Case #: 20-AA-0480 , Categories: Employment, Labor
J. Glickman finds the superior court improperly dismissed a man’s negligence action against a company that allegedly sent him on a federally funded trip to Iran for a conference without the proper security or training, following which he was seized, thrown in an Iranian prison and tortured for four years. The company is not entitled to derivative sovereign immunity and there is a question of fact whether the State Department authorized and directed the company in connection with the trip. Vacated.
Court: DC Court of Appeals, Judge: Glickman, Filed On: July 27, 2023, Case #: 21-CV-0690 , Categories: Immunity, Negligence