Case law

United House of Prayer for All People v. Therrien Waddell, Inc.

112 A.3d 330 · District of Columbia Court of Appeals · Mar 26, 2015

―The project manual specified that the Project should qualify for LEED certification but did not specify which LEED credits would be pursued‖; during the meeting, the SRA representatives for the first time ―identified … That finding is not clearly erroneous.

Doe v. District of Columbia Commission on Human Rights

624 A.2d 440 · District of Columbia Court of Appeals · Jan 29, 1993

Such a denial, as noted, violates the HRA only if the Hospital is unable to establish business necessity. … Clearly missing from the record is evidence linking petitioner’s psychological and mental problems to his exclusion from the psychiatric unit.

Morrison v. District of Columbia Board of Zoning Adjustment

422 A.2d 347 · District of Columbia Court of Appeals · Sep 9, 1980

Furthermore, to protect against the type of collusion feared by the Kells court as well as to ensure the appearance of impartiality, the Dotson court held that “the record must clearly reveal the facts upon which revocation … Schreiber, 298 S.W. 154 (Tex.Civ.App.1927) (judge whose brother was a defendant was qualified to hear case despite disqualification, after brother was formally dismissed without objection or exception); Bank of Marlinton

Paul v. Howard University

754 A.2d 297 · District of Columbia Court of Appeals · May 25, 2000

Conspiracy To establish a prima facie case of civil conspiracy, Dr. … To the extent that its provisions may be different from those in the 1980 Handbook, the latter would clearly apply to Dr. Paul, who was first hired six years after its publication. 10 .

Marshall v. District of Columbia Rental Housing Commission

533 A.2d 1271 · District of Columbia Court of Appeals · Dec 2, 1987

While the decision indicates that it would be the landlord’s burden to show all these factors existed such that the vacancy increase qualified as an exception to the rule that such increases be taken only from units in the … Daisy Marshall clearly alleged the following (1) “[t]he ceiling filed with the Rental Accommodations Office for my/our unit(s) is improper,” (2) “[t]he rent increase was higher than the amount of increase which was allowed

National Rifle Ass'n v. Ailes

428 A.2d 816 · District of Columbia Court of Appeals · Mar 5, 1981

II That instruction, in my opinion, was clearly erroneous in that it placed the burden of proof upon the defendant (NRA) to defeat the plaintiffs’ contentions as to their alleged entitlements. … Zeeb, 153 N.W.2d 779 (N.D.1967) (where defendant’s answer denies the allegations in plaintiff’s complaint, except as otherwise admitted, qualified, or explained, defendant does not assume burden of proof); Midland Oil and

Affordable Elegance Travel, Inc. v. Worldspan, L.P.

774 A.2d 320 · District of Columbia Court of Appeals · Jun 14, 2001

On the present record, we cannot say that the findings which AET challenges are clearly erroneous or “plainly wrong.” We therefore reject AET’s contention that AET was not proven to be a party to the contract. … This court, concluding that the motion was timely and that it otherwise qualified as a Rule 59(e) motion, remanded the case “for reconsideration of the ruling under the proper standard.” 699 A.2d at 420-421 (citations omitted

Hillbroom v. Pricewaterhousecoopers LLP

17 A.3d 566 · District of Columbia Court of Appeals · Apr 7, 2011

. — were established as Hillblom’s biological children, after which each became known as a Qualified Heir Claimant (“QHC”). … Ap-pellees argue that Weisberg and Bleck establish that missing a filing deadline “immediately impairs the underlying claim.”

In Re Estate of Daniel

819 A.2d 968 · District of Columbia Court of Appeals · Mar 27, 2003

Appellant Elliott presented no additional facts that might establish that the court's 1994 interpretation of the will was clearly erroneous, nor did he bring to light a change in substantive law that rendered the 1994 order … clearly erroneous.

Mallof v. District of Columbia Board of Elections & Ethics

1 A.3d 383 · District of Columbia Court of Appeals · Aug 5, 2010

To secure relief, a petitioner must show defects in the election process “serious enough to vitiate the election as a fair expression of the will of the registered qualified electors voting in the election.” … District of Columbia Zoning Comm'n, 669 A.2d 708, 714-15 (D.C.1995) ("When the construction of an administrative regulation rather than a statute is in issue, deference is even more clearly in order.”) (quoting Udall v.

Chidel v. Hubbard

840 A.2d 689 · District of Columbia Court of Appeals · Jan 15, 2004

This “substantial compliance” argument goes against established law in the District of Columbia. … The notice statute is construed narrowly against claimants “[bjecause it is in derogation of the common law principle of sovereign immunity .... ” Gross v.

McQueen v. National Capital Housing Authority

366 A.2d 786 · District of Columbia Court of Appeals · Dec 1, 1976

NCHA held such an order to be an impermissible preference over other applicants who might be more qualified for admission. … To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

B.R.L.F. v. Lilian Marleny Sarceno Zuniga

District of Columbia Court of Appeals · Feb 21, 2019

threatened B.E.L.S. seems more than a little strained, but because B.E.L.S appeared personally before the court and we have no more than the written record to scrutinize, we cannot say that the trial court’s finding was clearly … exercised his right to visitation to meet M.L.P. to attempt to establish a relationship with her.”); J.U. v.

Office of People's Counsel v. Public Service Commission

630 A.2d 692 · District of Columbia Court of Appeals · Aug 23, 1993

On January 15, 1992, the PSC issued Order No. 9921, designating 33 issues for review and establishing a procedural schedule. … The statute establishing ANCs, § 738 of the District of Columbia Self-Government and Governmental Reorganization Act, Pub.L.

In re J.W. & Ja.W. A.W.

District of Columbia Court of Appeals · Nov 10, 2021

Acknowledging that the term “mistreatment” is not defined in the Uniform Act or other District law, the judge ruled that it “clearly 8 D.C. … Clegg, the witnesses who testified to the children’s mental health difficulties and their source in appellant’s paranoia and disordered beliefs, were both qualified as experts. Ms.

In Re Greenspan

910 A.2d 324 · District of Columbia Court of Appeals · Nov 9, 2006

establishes that the drafters intended for us to reciprocate discipline from courts and agencies with the authority to suspend and disbar an attorney. … The majority does not proffer that as a problem, and I see no reason to believe that an attorney would think that she or he would be immune from the usual reciprocal consequences of attorney discipline depending on details

Nikeesha Webb v. DC DOES

District of Columbia Court of Appeals · Mar 21, 2019

Webb had proved by a preponderance of the evidence that she sustained injury to her immune and respiratory systems, and that her injury arose during the course of her employment in December 2014. … The final rule, which was adopted on June 26, 2017, and became effective on July 7, 2017, similarly provided that “‘Actual benefits secured’ for the purpose of Section 2327 [of the CMPA] means the total established amount

Cellular Radio Corp. v. OKI America, Inc.

664 A.2d 357 · District of Columbia Court of Appeals · Sep 8, 1995

When seeking summary judgment, “[t]he moving party bears the burden of clearly demonstrating the absence of a material factual dispute and entitlement to judgment as a matter of law.” Sherman v. … We qualified even that statement by limiting its application to “extreme and unusual circumstances.” 7 Id.

Nikeesha Webb v. DC DOES

District of Columbia Court of Appeals · Apr 11, 2019

Webb had proved by a preponderance of the evidence that she sustained injury to her immune and  5 respiratory systems, and that her injury arose during the course of her employment … Code § 1-623.27 (2012 Repl.).  6 of Section 2327 [of the CMPA] means the total established amount of benefits secured by an attorney in connection with a hearing or court proceeding

James A. Corbin v. United States

120 A.3d 588 · District of Columbia Court of Appeals · Jul 23, 2015

In the absence of statutory language that clearly conveys the Council’s intent, we turn for guidance to the legislative history of the statute. … In particular, the Council mentioned the gruesome carjacking-homicide of Pamela Basu that drew national attention, and stated that the District was not immune from this nationwide surge. Id. at 2-3.