District of Columbia, September, 2003, State Case law

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State Courts - District of Columbia - September 25 - October 6, 2003

In re Dunietz, No. 02-BG-539, DISTRICT OF COLUMBIA COURT OF APPEALS, September 25, 2003, Decided
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Overview: Where an attorney failed to file any exception to a report and recommendation of disbarment as a reciprocal discipline, it was treated as a concession that reciprocal disbarment was warranted.

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Pride Transp., Inc. v. Northeastern Pa. Shippers Coop. Ass'n, Nos. 02-CV-169 and 02-CV-207, DISTRICT OF COLUMBIA COURT OF APPEALS, September 25, 2003, Decided
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Overview: Attempted garnishment of amount paid to judgment debtor's attorney in another action was unsuccessful where filed years too late; where garnishor did not challenge garnishee's accuracy, garnishee could not recover attorney's fees and costs.

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Richardson v. Nationwide Mut. Ins. Co., No. 01-SP-1451, DISTRICT OF COLUMBIA COURT OF APPEALS, September 29, 2003, Filed
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Feaster v. Vance, No. 00-CV-685, DISTRICT OF COLUMBIA COURT OF APPEALS, October 2, 2003, Decided
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Overview: District of Columbia (D.C.) Superior Court had jurisdiction to enjoin a strike by unions that represented persons employed by the D.C. Public Schools even though labor dispute had not been referred to the D.C. Public Employee Relations Board.

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In re Pack, No. 02-BG-429, DISTRICT OF COLUMBIA COURT OF APPEALS, October 2, 2003, Decided
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Overview: Attorney was disbarred in the District of Columbia as reciprocal discipline for the attorney's disbarment in Maryland; the attorney failed to file an exception to the recommendation, which acted as a concession that disablement was warranted.

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In re Steen, No. 03-BG-1000, DISTRICT OF COLUMBIA COURT OF APPEALS, October 2, 2003, Filed
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Safeway Stores, Inc. v. D.C. Dep't of Empl. Servs., No. 03-AA-4, DISTRICT OF COLUMBIA COURT OF APPEALS, October 2, 2003, Decided
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Overview: Even though an injured employee in the District of Columbia who failed to timely notify her employer of injury was ineligible for income replacement benefits, she was still entitled to reimbursement of related medical expenses.

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Wheeler v. United States, Nos. 97-CF-1150, 00-CO-994, 01-CO-66, 01-CO-851, 02-CO-931, DISTRICT OF COLUMBIA COURT OF APPEALS, October 2, 2003, Decided
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Overview: Court of appeals' prior decision did not redefine malice in way that allowed defendant to raise voluntary intoxication as defense to second-degree murder, and trial court correctly refused to instruct jury that defendant's intoxication was a defense.

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Cass v. D.C., No. 99-CT-969, DISTRICT OF COLUMBIA COURT OF APPEALS, October 6, 2003, Decided
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