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   State Courts - District of Columbia - April 12 - April 19, 2007

  
In re Krouner, No. 04-BG-431, DISTRICT OF COLUMBIA COURT OF APPEALS, April 12, 2007, Decided
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Overview: Attorney who pled guilty in New York to insurance fraud, grand larceny, and workers' compensation fraud, stemming from falsely reporting his level of professional functioning in order to obtain increased disability benefits from his private insurance coverage was disbarred under D.C. Code § 11-2503(a), as the convictions involved moral turpitude.

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Lyles v. United States, NO. 03-CM-1401, DISTRICT OF COLUMBIA COURT OF APPEALS, April 12, 2007, Decided
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Overview: Because oral dismissal had not yet been entered on docket, trial court retained power to rescind oral dismissal absent undue prejudice. No appreciable prejudice resulted from recission of order of dismissal; defense counsel was notified same morning as dismissal charges would be reinstated and acknowledged he was prepared to proceed that afternoon.

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Miller-McGee v. Wash. Hosp. Ctr., No. 05-CV-1303, DISTRICT OF COLUMBIA COURT OF APPEALS, April 12, 2007, Decided
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Overview: Trial court abused discretion in granting summary judgment to appellees without affording patient opportunity to amend complaint to include claim of lack of informed consent because amended complaint arguably encompassed such a claim; patient did not unduly delay by never seeking leave to amend complaint and add more definite statement of claim.

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3511 13th St. Tenants' Ass'n v. 3511 13th St., N.W. Residences, LLC, Nos. 06-CV-65, 06-CV-66, 06-CV-184, DISTRICT OF COLUMBIA COURT OF APPEALS, April 19, 2007, Decided
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Overview: Trial judge erred in granting summary judgment against a neighbor on his suit against the owner of a building for specific performance of a contract to sell the building to the neighbor as triable issues of fact had to be resolved before any conclusion could be drawn that the contract failed due to the alleged sham nature of the neighbor's promise.

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Furtick v. D.C. Dep't of Empl. Servs., No. 06-AA-274, DISTRICT OF COLUMBIA COURT OF APPEALS, April 19, 2007, Decided
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Overview: District of Columbia Department of Employment Services did not have jurisdiction for an employee's claim under the District of Columbia Workers' Compensation Act of 1979 because, under D.C. Code § 32-1503(a)(2), his employment was not principally localized in the District of Columbia as he was working in a foreign country at the time of his injury.

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In re Calello, No. 06-BG-1067, DISTRICT OF COLUMBIA COURT OF APPEALS, April 19, 2007, Decided
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Overview: Attorney was suspended from the practice of law for three months in a reciprocal disciplinary proceeding under D.C. Bar R. XI, § 11 because the attorney's misconduct in New Jersey would have constituted misconduct in the District of Columbia and warranted similar discipline.

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Lee-Thomas v. United States, Nos. 06-CO-1096, 06-CO-1137 & 06-CO-1138, DISTRICT OF COLUMBIA COURT OF APPEALS, April 19, 2007, Decided
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Overview: Trial of defendant was not barred by double jeopardy following a mistrial because defendant did not make the required showing that an alleged conflict of interest by defense counsel adversely affected the advice of defense counsel to establish a violation of defendant's right to the effective assistance of counsel under the Sixth Amendment.

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Lindsey v. Prillman, No. 06-CV-646, DISTRICT OF COLUMBIA COURT OF APPEALS, April 19, 2007, Decided
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Overview: Judge did not err in declining to enter a protective order or the posting of an undertaking in an action for possession of real property as an alleged landlord did not show that the alleged tenant was required, by the parties' arrangement, to make periodic rental payments, and thus failed to prove the existence of a landlord-tenant relationship.

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