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| Caglioti v. Dist. Hosp. Ptnrs, LP, No. 05-CV-1245,
DISTRICT OF COLUMBIA COURT OF APPEALS, August 30, 2007, Decided
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Overview: Trial court erred by dismissing an accident victim's claim, following a settlement agreement in another lawsuit, for equitable indemnification against his medical providers because the equitable indemnification claim was assignable as part of the settlement agreement, and the assignment of the equitable indemnification claim was enforceable.
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| Callahan v. 4200 Cathedral Condo., No. 05-CV-1192,
DISTRICT OF COLUMBIA COURT OF APPEALS, August 30, 2007, Decided
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Overview: Trial court did not err by denying a condominium owner's motion for reconsideration under D.C. Super. Ct. R. Civ. P. 59 or under D.C. Super. Ct. R. Civ. P. 60 because (1) the owner did not provide a counter-affidavit or case law to support her claim; (2) the owner's conduct was dilatory; and (3) sufficient evidence of fraud did not exist.
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| D.C. Dep't of Empl. Servs. v. Vilche, No. 05-AA-7,
DISTRICT OF COLUMBIA COURT OF APPEALS, August 30, 2007, Decided
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Overview: Administrative law judge's decision to preclude a claims examiner, who disqualified a claimant from receiving unemployment benefits, from testifying at the claimant's review hearing was not supported by substantial evidence under D.C. Code § 2-510(a)(3)(E), nor was it in accordance with the law under D.C. Code § 2-510(a)(3)(A).
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| Dorsey v. United States, No. 02-CF-1276,
DISTRICT OF COLUMBIA COURT OF APPEALS, August 30, 2007, Decided
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Overview: Defendant was not entitled to jury instruction on self-defense and defense of third person because situation was not dire enough to justify killing victim, who was unarmed and uttered no threats. While it was unnecessary jury be told defendant had previously been convicted of violent crime, curative instruction was sufficient to mitigate prejudice.
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| Preacher v. United States, No. 01-CF-918,
DISTRICT OF COLUMBIA COURT OF APPEALS, August 30, 2007, Decided
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Overview: Trial court erred in failing to answer jury's question about what constituted assault, in context of portion of jury instructions explaining circumstances for consideration in determining whether use of deadly force was excessive; failure to respond with "concrete accuracy" was erroneous, particularly where issue was central to defense's case.
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| Dolton v. Merrill Lynch, No. 05-CV-1317,
DISTRICT OF COLUMBIA COURT OF APPEALS, September 6, 2007, Decided
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Overview: Investors appeal of an arbitration award under D.C. Code §§ 16-4311 and 16-4315 was denied because the investors, who were seeking relief based upon testimony that they asserted came in during the course of the arbitration hearing, failed to provide the appellate court with a transcript of the testimony at the hearing.
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| Ford v. United States, No. 00-CF-671,
DISTRICT OF COLUMBIA COURT OF APPEALS, September 6, 2007, Decided
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Overview: Statements made to officer after Miranda warnings were admissible despite earlier unwarned interrogation as officer did not deliberately withhold Miranda warnings or engage in two-step strategy to get defendant to confess; among other things, officer did not know defendant was suspect and first spoke to him about separate homicide of family member.
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| Maupin v. Haylock, No. 06-CV-270,
DISTRICT OF COLUMBIA COURT OF APPEALS, September 6, 2007, Decided
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Overview: Government employee's defamation action against the president of an organization and the organization was dismissed at summary judgment on a statute of limitations ground under D.C. Code § 12-301(4) because the employee failed to meet his burden of showing that he filed suit within one year after he discovered the allegedly defamatory statements.
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| Nwaneri v. Sandidge, No. 05-CV-1202,
DISTRICT OF COLUMBIA COURT OF APPEALS, September 6, 2007, Decided
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Overview: In a medical malpractice action, admission of testimony by patient's expert on national standard of care for the subject procedure was erroneous because expert failed to provide foundational basis for knowledge of national standard of care, as required in District of Columbia, or provide basis for expert opinion that doctor deviated from standard.
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| Perkins v. United States, No. 06-CF-198,
DISTRICT OF COLUMBIA COURT OF APPEALS, September 6, 2007, Decided
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Overview: Because police had probable cause to arrest defendant for violating open container law in their presence, based on defendant's proximity as a front seat passenger to an open can of malt liquor lying next to him in plain sight on the center console of the car, search incident to arrest during which drugs and drug paraphernalia were found was lawful.
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