Court of Appeals Holds that Evidence of Intent Is Not Required to Establish Consumer Protection Claim

On February 27, 2020, the Court of Appeals decided Frankeny v. District Hospital Partners LP, 18-CV-628 (D.C. Feb. 27, 2020) which establishes pro-consumer precedent under the District of Columbia Consumer Protection Procedures Act (“CPPA”). By way of background, the CPPA prohibits unfair or deceptive trade practices including those listed in D.C. Code § 28-3904. Subsection…

Court of Appeals Holds that Admission of Liability Does Not Preclude Evidence of How an Incident Occurred If Relevant to the Issue of Punitive Damages

On September 19, 2019, the Court of Appeals decided Edwards v. Safeway, Inc., 17-CV-464, Slip. op. (D.C. Sept. 19, 2019) in which it considered, inter alia, whether the plaintiff in the proceedings below was entitled to present evidence of punitive damages for the defendant’s conversion of her personal property. The trial court “precluded [the plaintiff]…

Longer Statute of Limitations Now in Effect for Certain Sexual Abuse Cases

On May 3, 2019, the District of Columbia Sexual Abuse Statute of Limitations Amendment Act of 2018 went into effect as D.C. Law 22-311. The new law provides a substantially longer statute of limitations for certain civil cases arising from sexual abuse. Prior law stated that a claim “for the recovery of damages arising out…

Court of Appeals Rules that Illegality Defense Cannot Be Waived

On February 28, 2019, the District of Columbia Court of Appeals decided HVAC Specialist, Inc. v Dominion Mechanical Contractors, Inc., Nos. 2016-CV-1220 & 16-CV-1278, slip op. (D.C. Feb. 28, 2019), in which it considered, inter alia, whether a defending party had waived the affirmative defense of illegality by not timely raising the defense. By way…