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   State Courts - District of Columbia - September 4 - September 5, 2008

  
Bleck v. Power, No. 07-CV-476, DISTRICT OF COLUMBIA COURT OF APPEALS, September 4, 2008, Decided
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Overview: Former client's legal malpractice action against her former attorney was properly dismissed because the three-year statute of limitations under D.C. Code § 12-301(8) barred the client's claim as the client's injury was realized when the attorney let a two-year period for filing suit under the client's insurance contract elapse without filing suit.

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In re Rust-Tierney, No. 07-BG-732 & 08-BG-562, DISTRICT OF COLUMBIA COURT OF APPEALS, September 4, 2008, Filed
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Overview: Based upon an attorney's guilty plea agreement in Virginia and his affidavit consenting to disbarment, pursuant to D.C. Bar R. XI, § 12, 14(g), the attorney was disbarred by consent effective as of the date of his affidavit.

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Jackson v. D.C. Dep't of Empl. Servs., No. 05-AA-1114, DISTRICT OF COLUMBIA COURT OF APPEALS, September 4, 2008, Decided
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Overview: Denial of workers' compensation benefits was vacated and remanded because, pursuant to D.C. Code § 32-1521(1), the record did not support the administrative law judge's conclusion that the treating physician's opinion was misinformed as the treating physician reviewed the employee's complete medical history before forming an opinion.

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Shipkey v. D.C. Dep't of Empl. Servs., No. 06-AA-1308, DISTRICT OF COLUMBIA COURT OF APPEALS, September 4, 2008, Decided
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Overview: Denial of a claim for workers' compensation benefits was reversed and remanded because the Compensation Review Board erred in upholding an incorrect analysis of an employee's claim on the first prong of the localized principally test, interpreting the term "localized principally" incorrectly, and resolving the claim on the third prong of the test.

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David v. United States, No. 99-CM-1741, DISTRICT OF COLUMBIA COURT OF APPEALS, September 5, 2008 *, Decided* The decision in this case was originally issued as an unpublished Memorandum Opinion and Judgment. It is now being published by the court sua sponte.
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Overview: Judgment was affirmed as officer's testimony established that defendant assaulted victim under former D.C. Code § 22-504, now D.C. Code § 22-404. Victim's testimony that she was not assaulted and that she told officer she had been hit to get defendant in trouble was impeached. Mere possibility of error did not warrant reversal.

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