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   State Courts - District of Columbia - August 23, 2007

  
In re Beattie, No. 06-BG-345, DISTRICT OF COLUMBIA COURT OF APPEALS, August 23, 2007, Decided
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Overview: Attorney in a reciprocal disciplinary proceeding under D.C. Bar R. XI, § 11 was suspended for a period of time, but the suspension was stayed in favor of an unsupervised probationary sanction because the attorney, to sanction his misconduct, had already voluntarily suspended his District of Columbia practice for two periods of time.

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In re Estate of Brown, No. 06-PR-435, DISTRICT OF COLUMBIA COURT OF APPEALS, August 23, 2007, Decided
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Overview: Probate judge's order was reversed and remanded for the judge to vacate an order for disgorgement of an attorney's fee because no statutory authority enabled the judge to reach past the personal representative and order an attorney retained by the representative to disgorge funds based on a conflict of interest under D.C. R. Prof. Conduct 1.8(a).

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In re Quinn, No. 07-BG-837, DISTRICT OF COLUMBIA COURT OF APPEALS, August 23, 2007, Decided, August 23, 2007, Filed
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In re Thomas, No. 06-BG-1094, DISTRICT OF COLUMBIA COURT OF APPEALS, August 23, 2007, Filed
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Jenkins v. Strauss, No. 03-CV-930, DISTRICT OF COLUMBIA COURT OF APPEALS, August 23, 2007, Decided
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Overview: Finding of breach of fiduciary duty by a real estate agent was affirmed because the evidence from the absence of a listing agreement, to the absence of a written explanation of a dual representation, to the breach of the agent's duty to carry out the sale as directed, to the forgery of signatures showed the agent's breach of his fiduciary duty.

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Lewis v. United States, No. 04-CF-1514, DISTRICT OF COLUMBIA COURT OF APPEALS, August 23, 2007, Decided
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Overview: Trial court did not abuse its discretion by failing to declare a mistrial sua sponte based upon a police officer's comment about defendant being a homeless person and a victim's statement about another person's identification of defendant. The evidence was also sufficient to support defendant's conviction for assault with a dangerous weapon.

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Lively v. Flexible Packaging Ass'n, No. 05-CV-1474, DISTRICT OF COLUMBIA COURT OF APPEALS, August 23, 2007, Decided
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Overview: Attorneys' fee award was approved because the trial court did not abuse its discretion in declining to award attorneys' fees under D.C. Code § 2-1403.13(a)(1)(E) based upon the rates for attorneys at the experience level attained by the attorneys when the petition for attorneys' fees was filed, rather than when the work was actually done.

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Thomas v. DAV Ass'n, Nos. 05-CV-1318 and 05-CV-1319, DISTRICT OF COLUMBIA COURT OF APPEALS, August 23, 2007, Decided
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Overview: Superior Court of the District of Columbia erred by dismissing an association from a lawsuit on the ground that a related appeal was then proceeding in federal court. The court also erred in dismissing another association because there were unresolved factual questions regarding the use of the government contacts exception to personal jurisdiction.

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