District of Columbia, November, 2007, State Case law

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State Courts - District of Columbia - November 1, 2007

AFGE v. D.C. Water & Sewer Auth., No. 06-CV-35, DISTRICT OF COLUMBIA COURT OF APPEALS, November 1, 2007, Decided
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Overview: Trial court properly determined that the union could not bring an independent action for attorney fees under the Back Pay Act of 1966, 5 U.S.C.S. ? 5596, directly in the trial court; the trial court's proper role was to review an administrative order granting or denying such an award, and not to make that determination in the first instance.

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Brown v. United States, Nos. 96-CF-824; 96-CF-1095; 00-CO-1055, DISTRICT OF COLUMBIA COURT OF APPEALS, November 1, 2007, Decided
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Overview: It was not an abuse of discretion to grant a witness for criminal defendants a blanket Fifth Amendment privilege because, given the nature of the testimony defendants sought from the witness and the scope of a pending government investigation of him, there was no relevant non-inculpatory testimony the witness could have given on defendants' behalf.

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Fremah v. D.C., No. 06-CV-1041, DISTRICT OF COLUMBIA COURT OF APPEALS, November 1, 2007, Decided
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Overview: Judgment was affirmed as an individual and public university's board of trustees were not parties since they were not properly served with either the original or the amended complaint. D.C. Super. Ct. R. Civ. P. 15(c) did not relieve student of obligation to timely serve each defendant under D.C. Super. Ct. R. Civ. P. 4(c), (e), (j), (l), and (m).

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In re Cannon, No. 07-BG-1096, DISTRICT OF COLUMBIA COURT OF APPEALS, November 1, 2007, Filed
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In re Estate of Wilson, No. 05-PR-428, DISTRICT OF COLUMBIA COURT OF APPEALS, November 1, 2007, Decided
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Overview: Judgment was vacated as D.C. Code Ann. ? 20-751 (1981) did not require attorneys to seek prior court approval before accepting compensation from personal representative's personal funds for estate-related services. Attorney was not on notice of requirement as prior matter involved D.C. Code Ann. ? 21-2060, which did not requirement such approval.

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In re Estate of Wilson, No. 05-PR-428, DISTRICT OF COLUMBIA COURT OF APPEALS, November 1, 2007, Filed
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In re Kenwood, No. 06-BG-1302, DISTRICT OF COLUMBIA COURT OF APPEALS, November 1, 2007, Decided
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Overview: Attorney was admonished in published order as he had been admonished in unpublished order in Florida, reciprocal unpublished order of admonishment was outside choice of sanctions provided by D.C. Bar R. XI, ? 3, and published admonition was functional, equivalent sanction of unpublished order of admonishment in Florida.

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Nat'l Hous. P'ship v. Mun. Capital Appreciation Ptnrs. I, L.P., Nos. 03-CV-1080, 03-CV-1253, 05-CV-32 & 05-CV-62, DISTRICT OF COLUMBIA COURT OF APPEALS, November 1, 2007, Decided
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Overview: Case was remanded for reconsideration because the judge overlooked important testimony and based her decision on a clearly erroneous subordinate finding that no evidence of commercial unreasonableness, under Md. Code Ann., Com. Law ? 9-504(3) (current provision at Md. Code Ann., Com. Law ? 9-610(b)), was presented in the disposition of collateral.

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