District of Columbia, March, 2004, State Case law

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State Courts - District of Columbia - March 11 - March 18, 2004

Brown v. NAS, No. 02-CV-1121, DISTRICT OF COLUMBIA COURT OF APPEALS, March 11, 2004, Decided
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Overview: An employer's motion for judgment as a matter of law as to a former employee's discrimination claims was properly granted where the applicable statute of limitations had run and the former employee admitted her first thought was retaliation.

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Chagnon v. D.C. Bd. of Zoning Adjustment, No. 02-AA-1279, DISTRICT OF COLUMBIA COURT OF APPEALS, March 11, 2004, Decided
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Overview: Where agency found that treatment center, which served mentally disabled people, only some of whom were elderly, constituted elderly development center, finding was erroneous, as treatment center did not principally serve elderly.

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In re Sheinbein, No. 03-BG-53, DISTRICT OF COLUMBIA COURT OF APPEALS, March 11, 2004, Filed
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Overview: Where an attorney consented to disbarment, the effective date of his disbarment ran, for reinstatement purposes, nunc pro tunc to the date the attorney filed his affidavit.

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In re Sims, No. 98-BG-1384, DISTRICT OF COLUMBIA COURT OF APPEALS, March 11, 2004, Decided
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Overview: Where an attorney was convicted of misdemeanor conflict of interest, the District of Columbia Board of Professional Responsibility's hearing committee was required to make turpitude inquiry based on the facts of the particular case.

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Jung v. Jung, Nos. 02-CV-1005, 02-CV-1006, DISTRICT OF COLUMBIA COURT OF APPEALS, March 11, 2004, Decided
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Overview: One brother, who dismissed his separate appeal of a trial court's order denying attorneys' fees, could not on remand rely upon his brother's successful appeal of the order denying attorneys' fees.

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Seals v. United States, No. 03-CO-51, DISTRICT OF COLUMBIA COURT OF APPEALS, March 11, 2004, Decided
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Overview: A contempt sentence of three years imposed upon a defendant was upheld where it did not exceed the outer bounds of the trial judge's discretion and was proportional in that defendant was a career criminal and a high recidivism risk.

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Willens v. 2720 Wis. Ave. Coop. Ass'n, No. 00-CV-1140, DISTRICT OF COLUMBIA COURT OF APPEALS, March 11, 2004, Decided
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Overview: Dissident cooperative members raised triable issue of whether board's decision to forgive debt to cooperative owed by those who had not prepaid wraparound mortgage debt without granting rebate to prepayers was breach of contract or fiduciary duty.

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Mullin v. D.C. Rental Hous. Comm'n, No. 00-AA-926, DISTRICT OF COLUMBIA COURT OF APPEALS, March 18, 2004, Decided
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Overview: District of Columbia Rental Housing Commission (RHC) had the inherent power to dismiss a tenant's appeal due to his failure to comply with the RHC's order that he pay a rent increase into an escrow account or provide a supersedeas bond.

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Office of the People's Counsel v. D.C. PSC, No. 03-AA-513, DISTRICT OF COLUMBIA COURT OF APPEALS, March 18, 2004, Decided
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Overview: Substantial evidence supported commission approval of 50-50 sharing between utility and ratepayers of asset management fees paid by downstream energy users, but not equal sharing of revenues from industrial site that ratepayers paid to remediate.

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