District of Columbia, March, 2005, State Case law

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State Courts - District of Columbia - March 10, 2005

Amatangelo v. Schultz, No. 03-CV-288, DISTRICT OF COLUMBIA COURT OF APPEALS, March 10, 2005, Decided
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Overview: Trial court erred in granting an injured party's motion pursuant to D.C. Super. Ct. R. Civ. P. 60(b) to enforce a high-low agreement in an auto accident negligence action; the high-low agreement only applied where the jury found defendants liable, and the jury did not find defendants liable, so the injured party was not entitled to collect.

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Byrd v. United States, No. 03-CF-534, DISTRICT OF COLUMBIA COURT OF APPEALS, March 10, 2005, Decided
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Overview: Where codefendant, who, according to government, aided and abetted defendant, testified against defendant, instruction admonishing jury to consider testimony of alleged accomplice, codefendant, in light of his motive to fabricate was proper. While instruction echoed government's aiding and abetting theory, it did not endorse that theory.

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District of Columbia v. Fremeau, Nos. 03-CV-591 and 03-CV-639, DISTRICT OF COLUMBIA COURT OF APPEALS, March 10, 2005, Decided
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Overview: New evidentiary hearing was not required in a fire department employee's employment termination case when a substitute hearing examiner was designated as the new examiner thoroughly reviewed the case, the administrative agency's decision did not depend on credibility of the witnesses, and fire department employee waived any error by not objecting.

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In re Daughtery, No. 04-BG-326, DISTRICT OF COLUMBIA COURT OF APPEALS, March 10, 2005, Decided
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Levitt v. D.C. Office of Emple. Appeals, No. 03-CV-1249, DISTRICT OF COLUMBIA COURT OF APPEALS, March 10, 2005, Decided
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Overview: Even though a government employee did not allege either scenario in D.C. Code Ann. ? 1-624.08(f)(2) that allowed review of an agency decision to abolish a position, detailed contentions of improper actions with respect to a transfer to a new position that was abolished a month later were not frivolous and warranted discovery and a hearing.

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Meshel v. Ohev Sholom Talmud Torah, No. 03-CV-952, DISTRICT OF COLUMBIA COURT OF APPEALS, March 10, 2005, Decided
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Overview: Under objective contract law principles and the District of Columbia Uniform Arbitration Act (DCUAA), D.C. Code Ann. ?? 16-4301, -4302(a) (2001), the determination of whether a religious congregation's bylaws compelled arbitration of a dispute with the congregation's members was not prohibited by the religion clauses of U.S. Const. amend. I.

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