Case Notes

Court of Appeals Holds in En Banc Decision that Contracts of Mentally Incapacitated Persons Are Not Inherently Void

May 5th, 2013 | By Douglas C. Melcher

On May 2, 2013, the District of Columbia Court of Appeals, sitting en banc, decided Hernandez v. Banks, Nos. 08-CV-1571 & 09-CV-744, slip op. (D.C. May 2, 2013) in which it considered “whether [the District of Columbia] should continue to follow the [common law] rule . . . that the contracts of mentally incapacitated persons are inherently void, or
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Court of Appeals Casts Doubt on Private Nuisance as an Independent Tort; Suggests En Banc Review Needed

Apr 30th, 2013 | By Douglas C. Melcher

On April 11, 2013, the District of Columbia Court of Appeals decided Ortberg v. Goldman Sachs Group, Nos. 11-CV-125 & 11-CV-440, slip op. (D.C. Apr. 11, 2013) which is a split decision. Although the Court of Appeals considered several issues in reaching its decision, this case note mentions only the Court of Appeals’ consideration of one issue; specifically,
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Court of Appeals Finds that Trial Judge Would Have Acted Within Her Discretion Had She Dismissed Plaintiff’s Lawsuit as Sanction for His “Contemptuous Behavior”

Apr 30th, 2013 | By Douglas C. Melcher

On April 11, 2013, the District of Columbia Court of Appeals decided Pietrangelo v. Wilmer Cutler Pickering Hale & Dorr, LLP, No. 11-CV-1067, slip op. (D.C. Apr. 11, 2013), a case in which the plaintiff, an individual, alleged a litany of claims against the defendant, a law firm that had previously represented him in a civil matter. Id.
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Court of Appeals Affirms Dismissal of Negligence Claim Against District Pursuant to Public Duty Doctrine

Apr 20th, 2013 | By Douglas C. Melcher

On March 28, 2013, the District of Columbia Court of Appeals decided Woods v. District of Columbia, No. 11-CV-1011, slip op. (D.C. Mar. 28, 2013) in which it considered whether a negligence claim against the District of Columbia was barred by the public duty doctrine. Id. at 1-2. By way of background, the public duty doctrine ”precludes holding
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