Case law

Ziegler v. Durosko

862 A.2d 914 · District of Columbia Court of Appeals · Dec 2, 2004

However, Article 8 actually relates to the Family Trust, while Article 9 provides for the establishment of the Marital Trust, which Durosko stated was intended to be “an irrevocable qualified terminal interest property trust … Durosko argues that Articles 3 and 9 are impossible to perform because they purport to establish an irrevocable qualified terminal interest property (QTIP) trust which requires a surviving spouse as beneficiary, not the settlor

Stevenson v. District of Columbia Board of Elections & Ethics

683 A.2d 1371 · District of Columbia Court of Appeals · Oct 4, 1996

Section 401(a) states: “There is established a Council of the District of Columbia; and the members of the Council shall be elected by the registered qualified electors of the District.” … Section 421(a) likewise states: “There is established the Office of Mayor of the District of Columbia; and the Mayor shall be elected by the registered qualified electors of the District.”

Washington Convention Center Authority v. Johnson

953 A.2d 1064 · District of Columbia Court of Appeals · Jul 31, 2008

for a re-organization of the sales department.” 8 Defendants presented evidence that Johnson was no longer qualified because the requirements of his position had evolved. … Cf Chang, 846 A.2d at 329 (“the DCFMLA ‘does not immunize an employee from legitimate disciplinary action by her employer for reasons unrelated to the employee’s [protected] leave’ ” (quoting Bond v.

O'Donnell v. Associated General Contractors of America, Inc.

645 A.2d 1084 · District of Columbia Court of Appeals · Aug 4, 1994

Here, in order to establish a prima facie case of sexual discrimination in the decision to terminate, appellant had to come forward with evidence that she was fired from a job for which she was qualified while men, similarly … As Beard, supra, clearly states, appellant’s conclusory allegations of discrimination are insufficient to establish a genuine issue of material fact or to defeat the entry of summary judgment. 3 Summaiy judgment for appellee

Bates v. District of Columbia Board of Elections & Ethics

625 A.2d 891 · District of Columbia Court of Appeals · May 27, 1993

In reviewing an agency decision which interprets or applies statutory provisions, we follow the Supreme Court’s two-part test established in Chevron U.S.A., Inc. v. … No-roozi as the winner of the election for Commissioner of ANC 3C09, clearly she is not actually eligible to hold the office.

Solid Rock Church, Disciples of Christ v. Friendship Public Charter School, Inc.

925 A.2d 554 · District of Columbia Court of Appeals · May 17, 2007

The trial court concluded that Friendship had standing because its “interestfs] clearly are affected by the encroachment in the case....” … The District is immune from statutes of limitation in suits relating to a public function.

Johnson v. Hobson

505 A.2d 1313 · District of Columbia Court of Appeals · Mar 12, 1986

immunity. … Indeed, the regulation was initially promulgated at a special meeting of the Board on June 1,1981, and the minutes of that meeting clearly indicate that the motion to implement the policy was seconded and passed.

Reynolds v. District of Columbia

614 A.2d 1285 · District of Columbia Court of Appeals · Oct 6, 1992

The first four offenses on the list clearly refer to infractions of traffic laws, popularly described as (a) driving under the influence of alcohol or drugs, (b) homicide (negligent or otherwise) by motorist, (c) hitting … Failure or refusal to exhaust administrative remedies is indeed a well established doctrine.

Townsend v. United States

512 A.2d 994 · District of Columbia Court of Appeals · Jul 28, 1986

In Giglio , the prosecution failed to correct a witness’ statement that he had not been promised immunity when the prosecution had in fact promised it. Id. at 151-52 , 92 S.Ct. at 764-65. … Here, by contrast, Qui-nones later qualified his statement by saying that he had the date of his first phone call to the police mixed up or could not remember the exact date.

Leiss v. United States

364 A.2d 803 · District of Columbia Court of Appeals · Sep 20, 1976

The type of conduct subject to its sanctions is clearly identified in words of common understanding, with little room for misinterpretation or conjecture. … Whatever the source of the inspiration for appellant’s intentional transgression of a valid statute, it does not immunize him from the consequences of his act.

Sophia's Inc. v. Alcoholic Beverage Control Board

268 A.2d 799 · District of Columbia Court of Appeals · Aug 25, 1970

They stated further that they are disturbed by late hour noise when the present establishments close at night, and that they have less police protection since the police are occupied in the commercial area. … After evaluating all the evidence, the Board found that “ [t] he premises do not qualify as appropriate for the license sought in view of the clearly expressed wishes of persons residing and owning property in the neighborhood

Bartholomew v. District of Columbia Office of Tax & Revenue

78 A.3d 309 · District of Columbia Court of Appeals · Oct 24, 2013

No information was presented to establish a home in the USVI. … For example, noting that Bartholomew’s tax returns identified him as "married” and *324 claimed two exemptions (one for his child), OAH commented that petitioner "clearly did not intend to establish residency [in the USVI

Gerber v. Columbia Palace Corp.

183 A.2d 398 · District of Columbia Court of Appeals · Jul 12, 1962

“The rule is well established in this jurisdiction that where- the trier of the facts is just as competent to consider and weigh evidence as is an expert and is just as qualified to *400 draw conclusions therefrom, it is … Clearly the expert’s opinion was based on an inspection made when there was .less light on the landing than at the time of the accident and when the lighting conditions were materially different.

Williams v. United States

94 A.2d 473 · District of Columbia Court of Appeals · Feb 5, 1953

Recently we have held that a police officer who qualifies may testify to the fact that he has tasted a liquid and identified it as whiskey, and such testimony will go to establish the corpus delicti. 1 It has also been recently … The statute quite clearly states that a common nuisance is the keeping or maintaining of a place to which drug addicts resort for the purpose of using narcotic drugs.

Morgan v. Foretich

564 A.2d 1 · District of Columbia Court of Appeals · Sep 25, 1989

We held that civil contemnors have a qualified right to a public proceeding before being incarcerated. … law as applied to the established facts is or is not violated."

Brown v. United States

934 A.2d 930 · District of Columbia Court of Appeals · Nov 1, 2007

to the witness when such immunity is sought by the defense. … Appellants did not request immunity for Raymond pre-trial as required by Carter, see 684 A.2d at 345 (requiring that request for immunity be made pre-trial; “[o]nly for good cause shown should this pre-trial procedural requirement

Waldon v. Covington

415 A.2d 1070 · District of Columbia Court of Appeals · May 27, 1980

absent any allegation that he knew of or personally committed a breach of contract, appellant failed to state a claim against President Russell; 11 (4) the Board of Trustees of the UDC is protected by the same defense of immunity … “Embarrassment and difficulty” do not approach the level of foreseeable harm essential to establish appellees’ intentional tort liability.

Mario Segreti v. Luke DeIuliis

193 A.3d 753 · District of Columbia Court of Appeals · Sep 13, 2018

That means that satisfying the RHA definition is not an essential element of proving the wrongful eviction tort: while plaintiffs can establish their rights against a self-help eviction by qualifying as an RHA tenant, … Three of them—alleging unpaid loans, tortious conversion, and breach of fiduciary duties—clearly do not fall within the purview of that statute. These claims pertained to Mr.

Glymph v. United States

490 A.2d 1157 · District of Columbia Court of Appeals · Apr 22, 1985

On this record there was clearly a rational basis for finding that appellant assaulted Miss Simmons with his hands, but not with a baseball bat. … The entire sequence of events lasted little more than an hour. 5 The evidence established not a succession of detached incidents but a continuing course of assaultive conduct. Here, as in Jones v.

Munawar v. Tibbs

981 A.2d 584 · District of Columbia Court of Appeals · Sep 17, 2009

for financing on her own, but then discovered she could qualify on her own and attended the closing by herself. … Nonetheless, there is a “presumption that a deed is what it purports to be on its face, and one who seeks to establish the contrary has the burden of doing so by clear and convincing evidence.” Smart v.