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   State Courts - District of Columbia - March 8 - March 22, 2007

  
Drs. Groover, Christie & Merritt, P.C. v. Burke, Nos. 04-CV-1115, 04-CV-1116, 05-CV-545, 05-CV-546, DISTRICT OF COLUMBIA COURT OF APPEALS, March 8, 2007, Decided
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Overview: Jury's award of $ 2 million for pain and suffering in medical malpractice action should have been reduced under Maryland law where Maryland had most significant relationship to the case. Maryland was where the patient suffered a stroke, where the MRI scan was misread and the misleading report written, and where the patient lived and was employed.

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In re Ayele, No. 06-BG-385, DISTRICT OF COLUMBIA COURT OF APPEALS, March 8, 2007, Decided
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Overview: Attorney was suspended from the practice of law in the District of Columbia for a period of one year and one day in a reciprocal disciplinary proceeding as there was no miscarriage of justice in the Virginia proceeding, and the reviewing court found support in the record for the District of Columbia Board on Professional Responsibility's findings.

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In re Elgin, No. 04-BG-919, DISTRICT OF COLUMBIA COURT OF APPEALS, March 8, 2007, Decided
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Overview: Attorney was suspended from practice in District of Columbia for six months, and required to pay client restitution as condition of reinstatement, after attorney, inter alia, failed to explain fee agreement to client, failed to advise his financial and personal interests conflicted with hers, and settled creditor action without informing client.

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Ottenberg's Bakers, Inc. v. D.C. Comm'n on Human Rights, No. 01-AA-669, DISTRICT OF COLUMBIA COURT OF APPEALS, March 8, 2007, Decided
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Overview: As the findings upon which the District of Columbia Human Rights Commission relied were supported by substantial evidence, its decision that the reasons given by an employer for its termination of an employee were a pretext was accepted. There was a rational basis for the Commission to find the employer's explanation was insufficient.

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Galligan v. D.C. Dep't of Empl. Servs., No. 05-AA-1343, DISTRICT OF COLUMBIA COURT OF APPEALS, March 15, 2007, Decided
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Overview: Order dismissing a pro se employee's application for review was vacated, and the case was remanded to the Compensation Review Board of the District of Columbia Department of Employment Services (DOES) because the employee was entitled to consideration of whether she relied on mistaken assurances by DOES officials about how to file a timely appeal.

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In re McClain, No. 05-BG-1240, DISTRICT OF COLUMBIA COURT OF APPEALS, March 15, 2007, Decided
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Overview: Attorney was suspended from the practice of law in the District of Columbia for a period of 90-days in a reciprocal disciplinary proceeding because there was no miscarriage of justice in the Maryland proceeding where the attorney was suspended, and the attorney did not oppose the imposition of identical reciprocal discipline.

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In re Rostoker, No. 04-BG-1388, DISTRICT OF COLUMBIA COURT OF APPEALS, March 15, 2007, Decided
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Overview: Attorney was disbarred from the practice of law in the District of Columbia in a reciprocal disciplinary proceeding under D.C. Bar R. XI, § 11 because the attorney was disbarred in the State of Massachusetts, and the reviewing court did not find that the recommended sanction was unwarranted or inconsistent under D.C. Bar R. XI, § 9(g)(1).

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Jones v. United States, No. 04-CO-1171, DISTRICT OF COLUMBIA COURT OF APPEALS, March 15, 2007, Decided
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Overview: Because appellant alleged facts which, if demonstrated, would establish ineffective assistance of counsel, and because the exculpatory value of the evidence proffered turned on the credibility of the witnesses specifically identified in his D.C. Code § 23-110 motion, it was improper for the motions judge to summarily deny appellant's motion.

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Young v. D.C. Dep't of Empl. Servs., No. 05-AA-992, DISTRICT OF COLUMBIA COURT OF APPEALS, March 15, 2007, Decided
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Overview: Compensation Review Board decision was reversed, and the matter was remanded because, while the presumption of a medical causal relationship was rebutted, the District of Columbia Department of Employment Services failed to consider possible alternative work-related causes of the adverse symptoms regarding an employee's disability claim.

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Watley v. United States, Nos. 03-CF-325 & 05-CO-1020, DISTRICT OF COLUMBIA COURT OF APPEALS, March 22, 2007, Decided
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Overview: Defendant was entitled to a hearing regarding trial counsel's failure to file motion to suppress evidence because officer pointed to no "particular facts" from which officer reasonably believed that defendant was armed and dangerous and thus, record did not "conclusively show" defendant would have been entitled to no relief on a motion to suppress.

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