District of Columbia, September, 2008, State Case law

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State Courts - District of Columbia - September 11, 2008

Portuguese Am. Leadership Council of the United States, Inc. v. Investors' Alert, Inc., No. 04-CV-1187, DISTRICT OF COLUMBIA COURT OF APPEALS, September 11, 2008, Decided
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Overview: Recipients of unsolicited advertisements to the recipients' telephone facsimile machines properly brought an action in the Superior Court of the District of Columbia for violation of the Telephone Consumer Protection Act (TCPA), since the TCPA did not require enabling state legislation and there was no state law or rule precluding such action.

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Romero v. United States, No. 03-CM-886, DISTRICT OF COLUMBIA COURT OF APPEALS, September 11, 2008, Decided
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Overview: A review of the transcripts and the reconstructed record failed to reveal any prejudice that would warrant reversal, since, although the missing portions of the transcript were admittedly quite significant, the parties and the trial judge were able to reconstruct the missing testimony in substantial detail in the D.C. Ct. App. R. 10 proceedings.

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