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

On June 30, 2011, the District of Columbia Court of Appeals, sitting en banc, decided Hedgepeth v. Whitman Walker Clinic, No. 07-CV-158, slip op. (D.C. June 30, 2011) (en banc), in which it 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…

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, slip op. (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…

Superior Court Amends Civil Rules to Permit Unsworn Declarations

On January 31, 2011, the Superior Court of the District of Columbia issued Rule Promulgation Order 11-01 (“Order”) to amend Super Ct. Civ. R. 9-I (“Rule 9-I”) and Civil Action Form 101. The Order amends Rule 9-I by, inter alia, adding a new section (e) to permit unsworn declarations (i.e., declarations that have not been…