Case law

Gant v. The Lynne Experience, LTD

District of Columbia Court of Appeals · Oct 31, 2024

In return for securing payment of compensation, “the employer receives tort immunity; in return for giving up the right to sue the employer, the employee receives swift and sure benefits.” USA Waste of Md., Inc. v. … The Superior Court ruled that it was appellant’s burden to establish TLE’s non-compliance with the statute and that she did not meet that burden.

Takahashi v. District of Columbia Department of Human Services

952 A.2d 869 · District of Columbia Court of Appeals · May 22, 2008

Takahashi argued that the statute required RSA, in the first instance, to identify all students with disabilities who may qualify for vocational rehabilitation services. … Takahashi had sought RSA services within a time frame to qualify for payment of his Spring semester tuition and costs, RSA agreed to pay for Mr.

Futrell v. Department of Labor Federal Credit Union

816 A.2d 793 · District of Columbia Court of Appeals · Feb 6, 2003

Whether one is qualified may change from time to time. … The fact that an individual may have been qualified in the past does not mean that he is qualified at a later time”) (citations and internal quotation marks omitted).

Donahue v. District of Columbia Board of Psychology

562 A.2d 116 · District of Columbia Court of Appeals · Jul 18, 1989

The legislative history of the Revision Act clearly supports the Board’s interpretation. … Council’s decision that future licensees should have a degree in psychology premised on a well-established curriculum.

De Liedekerke v. De Liedekerke

635 A.2d 339 · District of Columbia Court of Appeals · Dec 20, 1993

The appellant wife, however, asserts that the trial court abused its discretion in making such a determination because of the unenforceability of a qualified domestic relations order against the World Bank. … The World Bank is an international organization and is immune from the effects of any decree by a United States court. Imagnu v. Wodajo, 85 Md.App. 208 , 582 A.2d 590, 594 (1990).

Spriggs v. United States

618 A.2d 701 · District of Columbia Court of Appeals · Dec 30, 1992

Detective Albert Young was qualified without objection as the government’s expert on the use and trafficking of controlled substances in the District of Columbia. … In our view, the jury had sufficient evidence before it to establish beyond a reasonable doubt that appellant possessed cocaine with an intent to distribute.

In Re RES

19 A.3d 785 · District of Columbia Court of Appeals · May 19, 2011

Either they did not qualify for placement, did not establish a relationship with [D.T.], did not maintain contact with [D.F.'s] attorney, or did not proceed to permanency. … He has never provided care for D.T., and it is not clear that he is qualified to make a decision about her best interests.

Magwood v. Giddings

672 A.2d 1083 · District of Columbia Court of Appeals · Mar 14, 1996

; and (3) the individual defendants had absolute immunity under the statutory provisions and procedures of D.C.Code §§ 21-521-28. … Thus, Magwood could not establish that Giddings’s actions were the proximate cause of any harm. See Powell v.

White v. District of Columbia

852 A.2d 922 · District of Columbia Court of Appeals · Jun 10, 2004

A substantial question arises unless the injury is clearly not corn- *926 pensable under [the] CMPA.” Grillo, 731 A.2d at 386 (citations and internal quotation marks omitted). We recently reiterated in Armstead v. … The court stated in Thompson: [T]he CMPA does not require an employee to overcome the qualified immunity of government officials as would be required in a common law damage action ....

Washington Post Co. v. Minority Business Opportunity Commission

560 A.2d 517 · District of Columbia Court of Appeals · Jun 16, 1989

Cooper stated that the extensive financial information which applicants submit to MBOC is “essential for the Commission to determine whether a business qualifies as a minority business.” … Such programs are not immune from legal and other controversy. Compare City of Richmond v. J.A. Croson Co., — U.S. -, 109 S.Ct. 706 , 102 L.Ed.2d 854 (1989), with Fullilove v.

Carr v. Bio-Medical Applications of Washington, Inc.

366 A.2d 1089 · District of Columbia Court of Appeals · Dec 1, 1976

Bio-Medical, the owner of the Center facilities, is a Delaware corporation and is qualified to do business solely in the State of Maryland. … Moreover, the case is clearly governed by Maryland law. 3 On the other hand, appellant relies primarily 4 on her District residence in contending that the lower court erred by dismissing the action.

Crutchfield v. United States

779 A.2d 307 · District of Columbia Court of Appeals · Aug 23, 2001

Because the man had accompanied Smith to the general area of the killing, we held that he qualified as a witness under the statute because he “clearly had knowledge of relevant facts immediately surrounding the offense” and … United States, 684 A.2d 331, 344 (D.C.1996) (en banc) (proffer proper to fulfill required conditions to begin process of obtaining immunity for defense witness); Winfield v.

Strickland v. Pinder

899 A.2d 770 · District of Columbia Court of Appeals · May 25, 2006

Citing the fact that the expert failed to “clearly relate the standard of care to the practices recognized and followed by similarly situated doctors throughout the country,” the court granted the appellees’ motion for judgment … Stark qualified] as an expert cardiologist.” At issue in this case was the expert’s basis for stating that the appellees’ actions fell below the national standard of care. Dr.

McManus v. MCI Communications Corp.

748 A.2d 949 · District of Columbia Court of Appeals · Apr 13, 2000

Co., 85 F.3d 1472, 1479 (10th Cir.1996) (sufficient nexus where supervisor’s recommendation to terminate plaintiff “was clearly before the decision maker” at time supervisor made statements); EEOC v. … She contends that racist conduct is clearly extreme and outrageous, and that the comments made about her appearance offended her personal dignity and were offensive to her heritage as an African-American woman.

Torres v. United States

929 A.2d 880 · District of Columbia Court of Appeals · Aug 9, 2007

Torres was able to understand more than just his name, someone asking him [his] name or his address, which are clearly things that a person might be able to respond to having been in the country only a very short time to … Because the Act “establishes a mandatory set of procedures the police must follow for any custodial interrogation” of a non-English speaking person, id. at 1131 , any statement obtained from such a person in violation of

Watts v. Smith

226 A.2d 160 · District of Columbia Court of Appeals · Feb 3, 1967

When out-of-court statements qualify as excited utterances, *163 the hearsay rule removes its bar to admissibility and it is immaterial that the utterer is not a party. Murphy Auto Parts Co. v. … Clearly the jury was not convinced that appellant had carried his burden of establishing by a preponderance of evidence that the accident was solely produced by an Act of God, negating any responsibility on his part for the

Washington Press Club v. District of Columbia Alcoholic Beverage Control Board

476 A.2d 1107 · District of Columbia Court of Appeals · May 31, 1984

After a hearing in November 1982, the Board denied WPC’s application on the ground that the WPC meeting room did not qualify as a club. See note 1 supra. II. … The statute clearly contemplates that the Board's evaluation of the premises and their intended use is to focus on the factors set forth in the definition of “club.”

Singer v. District of Columbia Board of Medicine

631 A.2d 1232 · District of Columbia Court of Appeals · Oct 14, 1993

The Board, exercising its discretion, clearly analyzed whether 17 DCMR § 4811 could properly be considered a “reciprocity” provision and concluded that petitioner failed to establish his entitlement to certification by reciprocity … for the same reasons he did not establish his entitlement to waiver of the exam requirement.

Ross Green v. United States

164 A.3d 86 · District of Columbia Court of Appeals · Jul 20, 2017

The belated discovery of the contradictory statements did not qualify as newly discovered evidence because counsel had exhibited a lack of due diligence. Id. at 387 . … It did not establish a rule allowing a “do-over” simply because a defendant is dissatisfied with the outcome and only then decides to look for evidence to support his case.

LCP, Inc. v. District of Columbia Alcoholic Beverage Control Board

499 A.2d 897 · District of Columbia Court of Appeals · Dec 4, 1985

Concluding that Patton’s “does not qualify as appropriate for the reissuance” of an ABC license, the Board ordered the establishment’s license surrendered to the Alcoholic Beverage Control Division by June 22, 1984. … A plaintiff who engages in some conduct that is clearly proscribed cannot complain of the vagueness of the law as applied to the conduct of others. Village of Hoffman Estates v.