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   State Courts - District of Columbia - November 29 - December 9, 2004
  
De Lima v. Int'l Med. Group, Inc., Case No. 01ca6866, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, CIVIL DIVISION, November 29, 2004, Filed
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Overview: Insurers were not liable for costs of gastric bypass surgery because contract explicitly excluded coverage for all forms of gastric bypass surgery related to treatment of obesity; allegation surgery was not for weight modification but relief from obstructive apnea condition lacked merit, and morbid obesity was form of obesity covered by exclusion.

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Danai v. Canal Square Assocs., No. 02-CV-126, DISTRICT OF COLUMBIA COURT OF APPEALS, December 2, 2004, Decided
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Overview: A former tenant had no expectation of privacy with regard to correspondence she put in a trash bag, which was placed in a building's community trash room; a landlord was properly granted summary judgment in the tenant's invasion of privacy action.

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Georgetown Univ. v. D.C. Dep't of Empl. Servs., No. 02-AA-721, DISTRICT OF COLUMBIA COURT OF APPEALS, December 2, 2004, Decided
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Overview: A workers' compensation agency erred in substituting its own finding for that of an ALJ; an employee was held to have not given timely notice of her work-related injury, as such a credibility issue was for the ALJ to determine.

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Hefazi v. Stiglitz, No. 03-CV-550, DISTRICT OF COLUMBIA COURT OF APPEALS, December 2, 2004, Decided
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Overview: A neighbor was properly granted summary judgment in a declaratory judgment action by adjacent homeowners seeking to enforce an alleged easement by prescription where the unobstructed passage of light and air was not subject to prescription.

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In re Alamgir, No. 04-BG-1390, DISTRICT OF COLUMBIA COURT OF APPEALS, December 2, 2004, Filed
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In re Durosko Marital Trust, No. 01-PR-244, DISTRICT OF COLUMBIA COURT OF APPEALS, December 2, 2004, Decided
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Overview: A trial court erred in granting summary judgment to a settlor where the language of a trust as to the settlor's continuing power to revoke was ambiguous and the contesting parties should have been permitted to admit extrinsic evidence on that issue.

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In re Follette, No. 02-BG-1073, DISTRICT OF COLUMBIA COURT OF APPEALS, December 2, 2004, Decided
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Overview: Where an attorney repeatedly failed to respond to ethics complaints and ignored an order from the Board on Professional Responsibility to respond to the complaints, he was suspended for 90 days with reinstatement conditioned on compliance.

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Louis v. United States, Nos. 00-CF-1334 and 03-CO-945, DISTRICT OF COLUMBIA COURT OF APPEALS, December 2, 2004, Decided
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Overview: A trial court properly denied defendant's motion to set aside his judgment of conviction and sentence for sexual abuse where the Government did not exceed any bounds of a plea agreement by seeking the maximum amount of incarceration.

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Walter E. Lynch & Co. v. Fuisz, No. 04-CV-1272, DISTRICT OF COLUMBIA COURT OF APPEALS, December 2, 2004, Filed
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Overview: In an action to collect a judgment, appellate jurisdiction existed, and a stay was issued, where third party attorneys indicated they would comply with an interlocutory order to disclose potentially privileged communication rather than risk contempt.

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Rogers v. Johnson, No. 03-FM-380, DISTRICT OF COLUMBIA COURT OF APPEALS, December 9, 2004, Decided
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Overview: A trial court properly found a father in criminal contempt for failing to make child support payments; evidence of the father's long history of failing to obey the support order provided ample evidence for the trial court to find willfulness.

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