Case Notes

Court of Appeals Holds that No-Fault Act Did Not Preclude Motor Vehicle Insurer From Enforcing Subrogation Clause

Apr 4th, 2014 | By Douglas C. Melcher

On February 27, 2014, the District of Columbia Court of Appeals decided Hubb v. State Farm Mutual Automobile Insurance Co., No. 12-CV-1952, slip op. (D.C. Feb. 27, 2014), in which it held that the District of Columbia’s Compulsory / No-Fault Motor Vehicle Insurance Act (the “No-Fault Act”) did not preclude a motor vehicle insurer from enforcing a
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Superior Court Holds that Common Law Collateral Source Rule Generally Applies to Medicare

Mar 30th, 2014 | By Douglas C. Melcher

On February 6, 2014, the Superior Court of the District of Columbia decided Shell v. Rock Creek Nursing Center, Inc., No. 12 CA 8632, 2014 D.C. Super. LEXIS 3 (D.C. Super. Ct. Feb. 6, 2014), in which it considered whether the common law collateral source rule generally applies to Medicare. Id. at *1-2. The Superior
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Court of Appeals Clarifies Procedures for Challenging Denial by MPD of Non-Chargeable Sick Leave

Feb 1st, 2014 | By Douglas C. Melcher

On December 12, 2013, and again on January 16, 2014, the District of Columbia Court of Appeals issued decisions holding that a denial by the Metropolitan Police Department (“MPD”) of a police officer’s request for non-chargeable sick leave is reviewable — in the first instance — by the Superior Court of the District of Columbia, and
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Court of Appeals Holds that Trial Court Erred in Excluding Expert Testimony in Medical Malpractice Action

Nov 12th, 2013 | By Douglas C. Melcher

On November 7, 2013, the District of Columbia Court of Appeals decided Perkins v. Hansen, No. 11-CV-1540, slip op. (D.C. Nov. 7, 2013), a medical malpractice case in which it held that the trial court erred in excluding expert testimony on causation. Id. at 1-2. By way of background, “[a]ppellant brought a medical malpractice suit
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