exculpatory clause in District of Columbia

2011Godette v. Estate of Cox, 592 A.2d 1028, 1084 (D.C.1991).

2007See Godette v. Estate of Cox, 592 A.2d 1028, 1034 (D.C.1991) (“An exculpatory clause [in a will] that excuses self-dealing [by the personal representative] or attempts to limit liability for breaches of duty committed in bad faith, intentionally, or with reckless indifference to the interest of the beneficiary, is generally considered to be against public policy.”); George Washington Univ. v. Weintraub, 458 A.2d 43, 47 (D.C.1983) (exculpatory clause in lease was ineffective to waive tenants’ rights under implied warranty of habitability); see also Wolf v. Ford, 335 Md. 525 , 644 A.2d 522, 526

2011George Washington University v. Weintraub, 458 A.2d 43, 47 (D.C.1983).

2007See Godette v. Estate of Cox, 592 A.2d 1028, 1034 (D.C.1991) (“An exculpatory clause [in a will] that excuses self-dealing [by the personal representative] or attempts to limit liability for breaches of duty committed in bad faith, intentionally, or with reckless indifference to the interest of the beneficiary, is generally considered to be against public policy.”); George Washington Univ. v. Weintraub, 458 A.2d 43, 47 (D.C.1983) (exculpatory clause in lease was ineffective to waive tenants’ rights under implied warranty of habitability); see also Wolf v. Ford, 335 Md. 525 , 644 A.2d 522, 526

1996“That an exculpatory defense was presented does not preclude a lesser included offense instruction if the other evidence presented provides a basis for finding defendant guilty of the lesser included offense.” Anderson v. United States, 490 A.2d 1127 , 1130 n. 2 (D.C.1985). 6 .

1986See Anderson, supra, 490 A.2d at 1130 n. 2.

2016Evidence of motive or bias may serve in a similar capacity by enabling the jury to find that the defendant’s testimonial explanation is pretextual: “[b]ias, in the sense of animus against the [victim], can be used to infer motivation to commit the ultimate injurious act that gives rise to liability sufficient to carry the [government’s] burden.”21 Where a jury has rational grounds to reject a defendant’s exculpatory claim as false, it may infer that the truth is inculpating.22 20 See United States v. Eley, 723 F.2d 1522, 1525 (11th Cir. 1984) (“[W]holly incredible explanations may also form a

2013This is not an inquiry into prosecutorial misconduct, but an assessment of the impact of the government’s decision, i.e., whether without the evidence, there will be “a distortion of the fact-finding process.” Id. at 344-45 ; see Brady, 373 U.S. at 87, 83 S.Ct. 1194 (noting that a constitutional violation may occur “irrespective of the good faith or the bad faith of the prosecutor”); Agurs, 427 U.S. at 110 , 96 S.Ct. 2392 (noting that what is at issue is “the character of the evidence, not the character of the prosecutor”).

2012See Summers v. Department of Justice, 140 F.3d 1077, 1079 (D.C.Cir.1998) (”[I]n our review of decisions granting summary judgment we must decide the same question that was before the district court....

2007Seigneur, 752 A.2d at 640-41 (and cases cited therein); see also, e.g., Schlobohm, 326 N.W.2d at 926 (“the exculpatory clause in the contract before us was not against the public interest”); Ciofalo v. Vic Tanney Gyms, Inc., 10 N.Y.2d 294 , 220 N.Y.S.2d 962 , 177 N.E.2d 925, 927 (1961) (“there is no special legal relationship and no overriding public interest which demand that this contract provision, voluntarily entered into by competent parties, should be rendered ineffectual”); Massengill v. S.M.A.R.T.

2007Co. 131 A.2d 877, 878 (D.C.1957) ("the terms of an indemnity agreement may be so broad and comprehensive that although *182 it contains no express stipulation indemnifying against a party's own negligence, it accomplishes the same purpose”); see also Avant v. Community Hospital, 826 N.E.2d 7, 12 (Ind.Ct.App.2005)(‘‘an exculpatory clause need not include the word 'negligence' so long as it conveys the concept specifically and explicitly through other language”). 5 .

2007Co. 131 A.2d 877, 878 (D.C.1957) ("the terms of an indemnity agreement may be so broad and comprehensive that although *182 it contains no express stipulation indemnifying against a party's own negligence, it accomplishes the same purpose”); see also Avant v. Community Hospital, 826 N.E.2d 7, 12 (Ind.Ct.App.2005)(‘‘an exculpatory clause need not include the word 'negligence' so long as it conveys the concept specifically and explicitly through other language”). 5 .

2007See Godette v. Estate of Cox, 592 A.2d 1028, 1034 (D.C.1991) (“An exculpatory clause [in a will] that excuses self-dealing [by the personal representative] or attempts to limit liability for breaches of duty committed in bad faith, intentionally, or with reckless indifference to the interest of the beneficiary, is generally considered to be against public policy.”); George Washington Univ. v. Weintraub, 458 A.2d 43, 47 (D.C.1983) (exculpatory clause in lease was ineffective to waive tenants’ rights under implied warranty of habitability); see also Wolf v. Ford, 335 Md. 525 , 644 A.2d 522, 526

2007See Godette v. Estate of Cox, 592 A.2d 1028, 1034 (D.C.1991) (“An exculpatory clause [in a will] that excuses self-dealing [by the personal representative] or attempts to limit liability for breaches of duty committed in bad faith, intentionally, or with reckless indifference to the interest of the beneficiary, is generally considered to be against public policy.”); George Washington Univ. v. Weintraub, 458 A.2d 43, 47 (D.C.1983) (exculpatory clause in lease was ineffective to waive tenants’ rights under implied warranty of habitability); see also Wolf v. Ford, 335 Md. 525 , 644 A.2d 522, 526

2007Seigneur, 752 A.2d at 640-41 (and cases cited therein); see also, e.g., Schlobohm, 326 N.W.2d at 926 (“the exculpatory clause in the contract before us was not against the public interest”); Ciofalo v. Vic Tanney Gyms, Inc., 10 N.Y.2d 294 , 220 N.Y.S.2d 962 , 177 N.E.2d 925, 927 (1961) (“there is no special legal relationship and no overriding public interest which demand that this contract provision, voluntarily entered into by competent parties, should be rendered ineffectual”); Massengill v. S.M.A.R.T.

2007Seigneur, 752 A.2d at 640-41 (and cases cited therein); see also, e.g., Schlobohm, 326 N.W.2d at 926 (“the exculpatory clause in the contract before us was not against the public interest”); Ciofalo v. Vic Tanney Gyms, Inc., 10 N.Y.2d 294 , 220 N.Y.S.2d 962 , 177 N.E.2d 925, 927 (1961) (“there is no special legal relationship and no overriding public interest which demand that this contract provision, voluntarily entered into by competent parties, should be rendered ineffectual”); Massengill v. S.M.A.R.T.

2007After surveying the legal landscape, the Maryland Court of Special Appeals concluded that most courts hold “that health clubs, in their membership agreements, may limit their liability for future negligence if they do so unambiguously.” Seigneur, 752 A.2d at 636 .

2007Seigneur, 752 A.2d at 640-41 (and cases cited therein); see also, e.g., Schlobohm, 326 N.W.2d at 926 (“the exculpatory clause in the contract before us was not against the public interest”); Ciofalo v. Vic Tanney Gyms, Inc., 10 N.Y.2d 294 , 220 N.Y.S.2d 962 , 177 N.E.2d 925, 927 (1961) (“there is no special legal relationship and no overriding public interest which demand that this contract provision, voluntarily entered into by competent parties, should be rendered ineffectual”); Massengill v. S.M.A.R.T.

2006While the law in this jurisdiction is not extensive on the issue of enforcing exculpatory clauses, in Houston v. Security Storage Co., 474 A.2d 143, 144 (D.C.1984), addressing an exculpatory clause in the context of a bailment, we wrote: “It is well settled in this jurisdiction that a provision in a bailment contract limiting the bailee’s liability will be upheld in the absence of gross negligence, willful act, or fraud.” Indeed, an examination of leading authorities in the contract area and of cases in other jurisdictions reveals that courts have not generally enforced exculpatory clauses to

1989Co., supra note 12, 185 A.2d 917 , the court upheld the validity of an exculpatory clause limiting C & P’s liability for negligence, in omitting a name and number from the white pages, notwithstanding that it had not been approved pursuant to the ratemaking procedures.

1985Ballard v. United States, 430 A.2d 483, 486-87 (D.C.1981); Khaalis v. United States, 408 A.2d 313, 341-42 (D.C.1979), ce rt. denied, 444 U.S. 1092 , 100 S.Ct. 1059 , 62 L.Ed.2d 781 (1980); Jones v. United States, 374 A.2d 854, 856 (D.C.1977).

1985Shea v. Fridley, 123 A.2d 358, 363 (D.C.1956); Barclay, Inc. v. Maxfield, supra, 48 A.2d at 769 .

1985Ballard v. United States, 430 A.2d 483, 486-87 (D.C.1981); Khaalis v. United States, 408 A.2d 313, 341-42 (D.C.1979), ce rt. denied, 444 U.S. 1092 , 100 S.Ct. 1059 , 62 L.Ed.2d 781 (1980); Jones v. United States, 374 A.2d 854, 856 (D.C.1977).

1985Ballard v. United States, 430 A.2d 483, 486-87 (D.C.1981); Khaalis v. United States, 408 A.2d 313, 341-42 (D.C.1979), ce rt. denied, 444 U.S. 1092 , 100 S.Ct. 1059 , 62 L.Ed.2d 781 (1980); Jones v. United States, 374 A.2d 854, 856 (D.C.1977).