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   State Courts - District of Columbia - May 5 - May 11, 2005

  
D.C. Dep't of Pub. Works v. Colbert, No. 01-CV-1002, DISTRICT OF COLUMBIA COURT OF APPEALS, May 5, 2005, Decided
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Overview: Remand of case for further proceedings was required; employee appeals board exceeded its proper scope of review in finding employee's misconduct warranted dismissal and considering evidence not presented to the ALJ, while the ALJ erred in excluding evidence of the employee's work history and not remanding case for more complete evaluation.

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In re Hendin, No. 02-BG-717, DISTRICT OF COLUMBIA COURT OF APPEALS, May 5, 2005, Decided
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Overview: Board on Professional Responsibility's recommendation that attorney be disbarred from practice of law in the District of Columbia effective on the date he filed his initial D.C. Bar R. XI, § 14(g) affidavit pertaining to disbarred and suspended attorneys was adopted based on his disbarment in New York and lack of exception to the recommendation.

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In re Richardson, No. 04-BG-917, DISTRICT OF COLUMBIA COURT OF APPEALS, May 5, 2005, Decided
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Overview: Attorney was suspended from practicing in District of Columbia. Given the deferential standard of review, the fact that there were no exceptions filed to board of professional responsibility's report and recommendation, and the record of the case, appellate court accepted board's recommendation that it deny attorney's petition for reinstatement.

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Mooring Tax Asset Group, LLC v. Marks, 03-ca-5830(RP), SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, CIVIL DIVISION, May 10, 2005, Filed
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Overview: Rule 65 preliminary injunction was granted where plaintiff was virtually certain to prove that the purported owner of a property that was subject plaintiff's tax certificate did not in fact own the property; the deed that conveyed the property was "signed" by a record owner who had been dead for two years at the time the deed was executed.

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In re Beal, TR No. 2-99, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, PROBATE DIVISION, May 11, 2005, Decided
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Overview: Where the trustee of a special needs trust sought an annual commission calculated as one percent of the trust's assets, in addition to attorney's fees, the requested commission would clearly be excessive and unreasonable under D.C. Code Ann. §§ 19-1307.08 because it would exceed the charges which it would replace by a factor of over 25.

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