section 12-309 requirements of any notice (District of Columbia) · Go Syfert
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section 12-309 requirements of any notice in District of Columbia

20 District of Columbia opinions name it 1 courts 1978–2025 2 in the last five years

The cases below were cited by District of Columbia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (18)

CaseFollowedCited
Doe Ex Rel. Fein v. District of Columbiagreen
dc · 1997 · cited in 4 District of Columbia opinions naming this issue, 2000–2025
2 sentences

2025“The content requirements of any notice under section 12-309 are to be interpreted liberally, and in close cases doubts are to be resolved in favor of compliance.” Doe by Fein v. District of Columbia, 697 A.2d 23, 27 (D.C. 1997).

2010Although the “content requirements of any notice under section 12-309 are to be interpreted liberally, and in close cases doubts are to be resolved in favor of compliance,” Doe by Fein, 697 A.2d at 27 , “the requirement that the notice be given, and within the time specified, and to the proper officers” is strictly construed.

34
Washington v. District of Columbiagreen
dc · 1981 · cited in 3 District of Columbia opinions naming this issue, 2004–2014
2 sentences

2014Because I believe that the officers acted at least in part in furtherance of MPD’s business, I must reach the District’s threshold and main argument that it is “entitled to judgment because plaintiffs failed to comply with the notice-of-claim requirements of D.C.Code § 12-309.” The notice statute provides that “within six months after the injury or damage was sustained, the claimant, his agent or attorney” must “give[ ] notice in writing to the Mayor of the District of Columbia of the approximate time, place, cause, and circumstances of the injury or damage.” D.C.Code § 12-309 (2012 Repl.); se

2010Wharton, 666 A.2d at 1230 (citing Washington v. District of Columbia, 429 A.2d 1362 , 1365 n. 9 (D.C.1981)); see also DeKine v. District of Columbia, 422 A.2d 981, 985 (D.C.1980) (letter received one day late fails to satisfy § 12-309).

23
Wharton v. District of Columbiagreen
dc · 1995 · cited in 3 District of Columbia opinions naming this issue, 1997–2010
2 sentences

2010Wharton, 666 A.2d at 1230 (citing Washington v. District of Columbia, 429 A.2d 1362 , 1365 n. 9 (D.C.1981)); see also DeKine v. District of Columbia, 422 A.2d 981, 985 (D.C.1980) (letter received one day late fails to satisfy § 12-309).

2004Although the content requirements of a notice under § 12-309 are to be interpreted liberally, see, e.g., Wharton v. District of Columbia, 666 A.2d 1227, 1230 (D.C.1995), we require “specificity with respect to the cause and circumstances of the injury.” Doe, supra, 697 A.2d at 27 .

23
Giardino v. District of Columbiagreen
dcd · 2008 · cited in 2 District of Columbia opinions naming this issue, 2010–2012
2 sentences

2012Compare Giardino v. District of Columbia, 252 F.R.D. 18, 24 (D.D.C.2008) (declining to resolve whether § 12-309 is jurisdictional and/or waivable, because failure to timely raise the defense did not result in prejudice), with Sperling ex rel.

2010Aug. 13, 2008) (dismissing claims for unliquidated damages under the DCHRA because plaintiffs failed to comply with mandatory notice requirements of § 12-309); Giardino v. District of Columbia, 252 F.R.D. 18, 24 (D.D.C.2008) ("Because the plaintiffs failed to comply with *1088 § 12-309, their claims against the District based on the DCHRA will be dismissed.”). 3 .

22
Pitts v. District of Columbiagreen
dc · 1978 · cited in 2 District of Columbia opinions naming this issue, 1981–2010
2 sentences

2010Pitts v. District of Columbia, 391 A.2d 803, 807 (D.C.1978) (“[T]he section was designed to aid the District of Columbia in the defense of the public interest where claims are filed within the applicable statute of limitations but so long after the event that it is impossible for the city to obtain evidence for use in litigation which may result.”) (internal quotation marks and citation omitted); see also Jenkins v. District of Columbia, 379 A.2d 1177, 1178 (D.C.1977); Wilson v. District of Columbia, 338 A.2d 437, 438 (D.C.1975).

1981See Pitts v. District of Columbia, D.C.App., 391 A.2d 803 (1978).

22
District of Columbia v. Dunmoregreen
dc · 1995 · cited in 3 District of Columbia opinions naming this issue, 1999–2010
2 sentences

2010In Dunmore we were asked, in the context of a medical malpractice claim against the District of Columbia, to extend our holding in Bums and apply the discovery rule to the notice requirement of § 12-309 as well. 662 A.2d at 1359-60 .

2004In District of Columbia v. Dunmore, 662 A.2d 1356 (D.C.1995), a case of alleged medical malpractice at the District of Columbia General Hospital, we held that the so-called “discovery rule” 1 does not apply to the notice requirement of § 12-309.

13
Gwinn v. District of Columbiagreen
dc · 1981 · cited in 2 District of Columbia opinions naming this issue, 1990–2010
2 sentences

2010Id. at 1360 (quoting Gwinn, 434 A.2d at 1378 ).

1990See (William) Campbell v. District of Columbia, 568 A.2d 1076, 1078 (D.C.1990); see also Gwinn v. District of Columbia, 434 A.2d 1376, 1378 (D.C.1981) (“notice under § 12-309 is a ‘condition precedent' to filing a suit against the District”).

12
John Mazor v. Elizabeth Farrellgreen
dc · 2018 · cited in 1 District of Columbia opinions naming this issue, 2024–2024
1 sentence

2024See, e.g., Mazor v. Farrell, 186 A.3d 829, 835 (D.C. 2018) (citing Dist.

11
Creative Consolidation, LLC d/b/a Masseria Rest. v. Erie Insurance Exchangegreen
dc · 2024 · cited in 1 District of Columbia opinions naming this issue, 2024–2024
1 sentence

2024Looking to the record and assuming, as we must, that the facts alleged in appellants’ complaint are true for the purposes of this appeal, see, e.g., Creative Consolidation, 311 A.3d at 905, appellants suffered emotional distress as they set out to purchase their first homes and were soon faced with the kind of structural issues that made their units uninhabitable.

11
cluster 789701green
ca4 · 2005 · cited in 1 District of Columbia opinions naming this issue, 2012–2012
1 sentence

2012Bd., 402 F.3d at 477-78 (holding Virginia notice-of-claim requirement inapplicable to claim under § 504 of the Rehabilitation Act). 66 .There is no merit to appellant’s argument that § 12-309’s notice requirements do not apply in this case because he named the PSC as a defendant.

11
Wilson v. District of Columbiagreen
dc · 1975 · cited in 1 District of Columbia opinions naming this issue, 2010–2010
1 sentence

2010Pitts v. District of Columbia, 391 A.2d 803, 807 (D.C.1978) (“[T]he section was designed to aid the District of Columbia in the defense of the public interest where claims are filed within the applicable statute of limitations but so long after the event that it is impossible for the city to obtain evidence for use in litigation which may result.”) (internal quotation marks and citation omitted); see also Jenkins v. District of Columbia, 379 A.2d 1177, 1178 (D.C.1977); Wilson v. District of Columbia, 338 A.2d 437, 438 (D.C.1975).

11
Jenkins v. District of Columbiagreen
dc · 1977 · cited in 1 District of Columbia opinions naming this issue, 2010–2010
1 sentence

2010Pitts v. District of Columbia, 391 A.2d 803, 807 (D.C.1978) (“[T]he section was designed to aid the District of Columbia in the defense of the public interest where claims are filed within the applicable statute of limitations but so long after the event that it is impossible for the city to obtain evidence for use in litigation which may result.”) (internal quotation marks and citation omitted); see also Jenkins v. District of Columbia, 379 A.2d 1177, 1178 (D.C.1977); Wilson v. District of Columbia, 338 A.2d 437, 438 (D.C.1975).

11
DeKine v. District of Columbiagreen
dc · 1980 · cited in 1 District of Columbia opinions naming this issue, 2010–2010
1 sentence

2010Wharton, 666 A.2d at 1230 (citing Washington v. District of Columbia, 429 A.2d 1362 , 1365 n. 9 (D.C.1981)); see also DeKine v. District of Columbia, 422 A.2d 981, 985 (D.C.1980) (letter received one day late fails to satisfy § 12-309).

11
Dingwall v. District of Columbia Water & Sewer Authoritygreen
dc · 2001 · cited in 1 District of Columbia opinions naming this issue, 2002–2002
2 sentences

2002The majority remarks that if the legislature had intended § 12-309 to apply to WASA, it “could readily have included a provision comparable to § 12-309 in the WASA statute.” Dingwall v. District of Columbia, 766 A.2d 974, 979 (D.C.2001).

2002The majority remarks that if the legislature had intended § 12-309 to apply to WASA, it "could readily have included a provision comparable to § 12-309 in the WASA statute." Dingwall v. District of Columbia, 766 A.2d 974, 979 (D.C.2001).

11
District of Columbia v. OWENS-CORNING FIBERGLAS CORPORATIONgreen
dc · 1990 · cited in 1 District of Columbia opinions naming this issue, 2002–2002
2 sentences

2002Although the question of what immunity the District in fact possesses is a complex one, see District of Columbia v. Owens-Corning Fiberglas Corp., 572 A.2d 394, 400, 403-04 (D.C.1989), the court has consistently held the notice requirements of § 12-309 to be part and parcel of the District’s self-imposed liability for tortious acts of its agents.

2002Although the question of what immunity the District in fact possesses is a complex one, see District of Columbia v. Owens-Corning Fiberglas Corp., 572 A.2d 394, 400, 403-04 (D.C.1989), the court has consistently held the notice requirements of § 12-309 to be part and parcel of the District's self-imposed liability for tortious acts of its agents.

11
Johnson-El v. District of Columbiagreen
dc · 1990 · cited in 1 District of Columbia opinions naming this issue, 1999–1999
1 sentence

1999See Johnson-El v. District of Columbia, 579 A.2d 163, 170 (D.C.1990). 14 .

11
Campbell v. District of Columbiagreen
dc · 1990 · cited in 1 District of Columbia opinions naming this issue, 1990–1990
1 sentence

1990See (William) Campbell v. District of Columbia, 568 A.2d 1076, 1078 (D.C.1990); see also Gwinn v. District of Columbia, 434 A.2d 1376, 1378 (D.C.1981) (“notice under § 12-309 is a ‘condition precedent' to filing a suit against the District”).

11
Rieser v. District of Columbiagreen
cadc · 1977 · cited in 1 District of Columbia opinions naming this issue, 1978–1978
2 sentences

1978In Rieser v. District of Columbia, 183 U.S.App.D.C. 375, 380 , 563 F.2d 462, 467 (1977), the police reports had provided the District with notice of the time and place of the injury, as in the instant case.

1978In Rieser v. District of Columbia, 183 U.S.App.D.C. 375, 380 , 563 F.2d 462, 467 (1977), the police reports had provided the District with notice of the time and place of the injury, as in the instant case.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in District of Columbia. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Shehyn v. District of Columbia green
dc · 1978
1 sentence

2025In that case, we held that Section 12-309’s notice requirement did not apply to claims that arose from the District’s own conduct as a corporate entity, as opposed to that of a District employee, where in addition the District was “necessarily on notice of . . . the resulting injury.” Id. at 1014 .

12025–2025
Salem Media v. Awan green
dc · 2023
2 sentences

2024Even if appellants were able to establish that they satisfied the procedural notice requirements under Section 12-309, their complaint does not sufficiently plead an IIED claim on the merits. 7 A prima facie IIED claim “must 7 Because we affirm the trial court’s dismissal of appellants’ IIED claim for insufficiently pleading that the District’s conduct was extreme and outrageous, we 27 show (1) extreme and outrageous conduct on the part of the defendants, which (2) intentionally or recklessly (3) causes the plaintiff severe emotional distress.” Salem Media Grp., Inc. v. Awan, 301 A.3d 633 , 65

2024Even if appellants were able to establish that they satisfied the procedural notice requirements under Section 12-309, their complaint does not sufficiently plead an IIED claim on the merits. 7 A prima facie IIED claim “must 7 Because we affirm the trial court’s dismissal of appellants’ IIED claim for insufficiently pleading that the District’s conduct was extreme and outrageous, we 27 show (1) extreme and outrageous conduct on the part of the defendants, which (2) intentionally or recklessly (3) causes the plaintiff severe emotional distress.” Salem Media Grp., Inc. v. Awan, 301 A.3d 633 , 65

12024–2024
Ruiz v. Herrera green
nysd · 1990
1 sentence

2001For the proposition that § 12-309 is applicable to claims against medical employees who are eligible for indemnification under § 1—1215(b), the District also relies upon two cases from the New York courts, Ruiz v. Herrera, 745 F.Supp. 940 (S.D.N.Y.1990) and Fitzgerald v. Lyons, 39 A.D.2d 473 , 336 N.Y.S.2d 940 (1972).

12001–2001
Fitzgerald v. Lyons green
nyappdiv · 1972
2 sentences

2001For the proposition that § 12-309 is applicable to claims against medical employees who are eligible for indemnification under § 1—1215(b), the District also relies upon two cases from the New York courts, Ruiz v. Herrera, 745 F.Supp. 940 (S.D.N.Y.1990) and Fitzgerald v. Lyons, 39 A.D.2d 473 , 336 N.Y.S.2d 940 (1972).

2001For the proposition that § 12-309 is applicable to claims against medical employees who are eligible for indemnification under § 1—1215(b), the District also relies upon two cases from the New York courts, Ruiz v. Herrera, 745 F.Supp. 940 (S.D.N.Y.1990) and Fitzgerald v. Lyons, 39 A.D.2d 473 , 336 N.Y.S.2d 940 (1972).

12001–2001
District of Columbia v. Campbell green
dc · 1990
1 sentence

1999In District of Columbia v. Campbell, 580 A.2d 1295 (D.C.1990), however, we held that compliance with § 12-309’s notice requirement, is not a prerequisite to a claim *881 in contract against the District of Columbia.

11999–1999
Burns v. Bell green
dc · 1979
1 sentence

1995TERRY, Associate Judge: We are called upon in this case to decide whether the discovery rule adopted in Burns v. Bell, 409 A.2d 614 (D.C.1979), applies to the notice requirement of D.C.Code § 12-309 (1989) 1 in suits brought against the District of Columbia.

11995–1995
Davidson v. Bronx Municipal Hospital green
ny · 1984
2 sentences

1990Unlike a similar New York statute discussed in Davidson v. Bronx Municipal Hospital, 64 N.Y.2d 59 , 473 N.E.2d 761 , 484 N.Y.S.2d 533 (1984), § 12-309 has no mandatory waiting period between the giving of notice and the filing of a complaint.

1990Unlike a similar New York statute discussed in Davidson v. Bronx Municipal Hospital, 64 N.Y.2d 59 , 473 N.E.2d 761 , 484 N.Y.S.2d 533 (1984), § 12-309 has no mandatory waiting period between the giving of notice and the filing of a complaint.

11990–1990

Statutes the citing opinions construe

DC § D.C. Code § 12-309 (20) USC § 42u.s.c.1983 (4) DC § D.C. Code § 12-301 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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