Featured Posts

D.C. Council to Hold Hearing on Bill to Allow Evidence of Assessed Tax Value in Condemnation Proceedings

On February 9, 2012, the D.C. Council’s Committee on the Judiciary will hold a public hearing on, inter alia, the “Real Property Tax Assessment Evidence Clarification Act of 2011″ (B19-602). This legislation, if enacted, would have the effect of abrogating case law holding that evidence of assessed tax value is inadmissible in condemnation proceedings. To read a
[continue reading...]

The Publisher

    The D.C. Law Report is published by Douglas C. Melcher who is solely responsible for its content. Mr. Melcher is a licensed attorney with more than a decade of experience practicing law in the District of Columbia. He may be contacted by e-mail at dmelcher@DCLaw.net or by telephone at (202) 521-0603. To learn more about Mr. Melcher, click here.

Featured Articles

Analysis of Historical Data Published By JNC Provides Perspective on Nominations to D.C. Courts

On October 31, 2011, the Judicial Nomination Commission (“JNC”) published historical data regarding, inter alia, its recommendations of attorneys to serve as Associate Judges on the District of Columbia Court of Appeals and the Superior Court of the District of Columbia. This article discusses my analysis of some of that data. By way of background, the JNC
[continue reading...]

Court of Appeals Interprets Super. Ct. Civ. R. 8(a) to Include Plausibility Standard

On September 15, 2011, the District of Columbia Court of Appeals decided Potomac Dev. Corp. v. District of Columbia, No. 10-CV-632 (D.C. Sept. 15, 2011), which, inter alia, interpreted Super. Ct. Civ. R. 8(a) to include a “plausibility standard” for pleading civil claims in the District of Columbia. This new pleading standard sets a higher hurdle
[continue reading...]

Court of Appeals Adopts Supplemental Test for Negligent Infliction of Emotional Distress Claims

In Hedgepeth v. Whitman Walker Clinic, decided on June 30, 2011, the District of Columbia Court of Appeals, sitting en banc, unanimously ruled that a patient who was allegedly negligently misdiagnosed by a doctor at a health clinic as having HIV, and who allegedly suffered severe and verifiable emotional distress as a direct result, had
[continue reading...]

Court of Appeals Recognizes Doctrine of Partial Invalidity of Wills Subject to Fraud or Undue Influence

On May 19, 2011, the District of Columbia Court of Appeals decided In re Turpin, No. 10-PR-707 (D.C. May 19, 2011) which, inter alia, recognizes the doctrine that a will may be declared partially invalid (as opposed to wholly invalid) if it was the result of fraud or undue influence. The issue of whether a will may be
[continue reading...]

Short Articles

Three Reappointments to JNC and One New Appointment to CJDT in December 2011

In December 2011, three individuals were reappointed as members of the District of Columbia Judicial Nomination Commission (“JNC”), and one individual was appointed as a new member of the District of Columbia Commission on Judicial Disabilities and Tenure (“CJDT”). The reappointed members of the JNC are William Lucy, Natalie O. Ludaway, and Reverend Dr. Morris L.
[continue reading...]

Case Notes

Court of Appeals Clarifies Authority of Trial Court to Consider Rule 60(b) Motion While Appeal Is Pending

On December 22, 2011, the District of Columbia Court of Appeals decided District of Columbia v. Fraternal Order of Police Metropolitan Police Labor Committee, Lead No. 09-CV-255, slip op. (D.C. Dec. 22, 2011) (per curiam), which raised the issue of “whether, and if so to what extent, the trial court in a civil case – once
[continue reading...]

Legislative Notes

District of Columbia Enacts Uniform Foreign-Country Money Judgments Recognition Act

On December 21, 2011, the District of Columbia enacted the Uniform Foreign-Country Money Judgments Recognition Act of 2011 (the “Act”). The legislation, which was introduced as Bill 19-216, was unanimously approved by the D.C. Council on its final reading in early December and was then signed by the Mayor. The Act is designated Act 19-246 and will become
[continue reading...]