essential element defense (District of Columbia) · Go Syfert
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essential element defense in District of Columbia

6 District of Columbia opinions name it 1 courts 1964–2021 1 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 (9)

CaseFollowedCited
Grant v. May Department Stores Co.green
dc · 2001 · cited in 1 District of Columbia opinions naming this issue, 2021–2021
1 sentence

2021We review the grant of summary judgment de novo, applying the same standard used by the trial court. 24 To prevail under that standard, the District, as movant, “must demonstrate that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law.” 25 Although that burden rests on the District, it nonetheless was entitled to summary judgment if it demonstrated that Ms. Davis “fail[ed] to make a sufficient showing on an essential element of her claim with respect to which she has the burden of proof.”26 The District argues that Ms. 24 Kolowski v. District of C

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Victoria Johnson v. Washington Gas Light Companygreen
dc · 2015 · cited in 1 District of Columbia opinions naming this issue, 2021–2021
2 sentences

2021We review the grant of summary judgment de novo, applying the same standard used by the trial court. 24 To prevail under that standard, the District, as movant, “must demonstrate that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law.” 25 Although that burden rests on the District, it nonetheless was entitled to summary judgment if it demonstrated that Ms. Davis “fail[ed] to make a sufficient showing on an essential element of her claim with respect to which she has the burden of proof.”26 The District argues that Ms. 24 Kolowski v. District of C

2021We review the grant of summary judgment de novo, applying the same standard used by the trial court. 24 To prevail under that standard, the District, as movant, “must demonstrate that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law.” 25 Although that burden rests on the District, it nonetheless was entitled to summary judgment if it demonstrated that Ms. Davis “fail[ed] to make a sufficient showing on an essential element of her claim with respect to which she has the burden of proof.”26 The District argues that Ms. 24 Kolowski v. District of C

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Hunt v. Blackburngreen
· 1888 · cited in 1 District of Columbia opinions naming this issue, 1981–1981
1 sentence

1981See also Hunt v. Blackburn, supra 128 U.S. at 470-71 , 95 S.Ct. at 127; Russell v. Curtin Matheson Scientific, Inc., supra at 458; Pitney-Bowes, Inc. v. Mestre, 86 F.R.D. 444, 447 (S.D.Fla.1980); Handgards, Inc. v. Johnson & Johnson, supra at 929; Garfinkle v. Areata National Corp., 64 F.R.D. 688, 689 (S.D.N.Y.1974).

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Garfinkle v. Arcata National Corp.green
nysd · 1974 · cited in 1 District of Columbia opinions naming this issue, 1981–1981
1 sentence

1981See also Hunt v. Blackburn, supra 128 U.S. at 470-71 , 95 S.Ct. at 127; Russell v. Curtin Matheson Scientific, Inc., supra at 458; Pitney-Bowes, Inc. v. Mestre, 86 F.R.D. 444, 447 (S.D.Fla.1980); Handgards, Inc. v. Johnson & Johnson, supra at 929; Garfinkle v. Areata National Corp., 64 F.R.D. 688, 689 (S.D.N.Y.1974).

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Panter v. Marshall Field & Co.green
ilnd · 1978 · cited in 1 District of Columbia opinions naming this issue, 1981–1981
1 sentence

1981“Where ... a party asserts as an essential element of his defense reliance upon the advice of counsel, . .. the party waives the attorney-client privilege with respect to all communications, whether written or oral, to or from counsel concerning the transactions for which counsel’s advice was sought.” Panter v. Marshall Field & Co., 80 F.R.D. 718, 721 (N.D.Ill.1978).

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Pitney-Bowes, Inc. v. Mestregreen
flsd · 1980 · cited in 1 District of Columbia opinions naming this issue, 1981–1981
1 sentence

1981See also Hunt v. Blackburn, supra 128 U.S. at 470-71 , 95 S.Ct. at 127; Russell v. Curtin Matheson Scientific, Inc., supra at 458; Pitney-Bowes, Inc. v. Mestre, 86 F.R.D. 444, 447 (S.D.Fla.1980); Handgards, Inc. v. Johnson & Johnson, supra at 929; Garfinkle v. Areata National Corp., 64 F.R.D. 688, 689 (S.D.N.Y.1974).

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Handgards, Inc. v. Johnson & Johnsongreen
cand · 1976 · cited in 1 District of Columbia opinions naming this issue, 1981–1981
1 sentence

1981See also Hunt v. Blackburn, supra 128 U.S. at 470-71 , 95 S.Ct. at 127; Russell v. Curtin Matheson Scientific, Inc., supra at 458; Pitney-Bowes, Inc. v. Mestre, 86 F.R.D. 444, 447 (S.D.Fla.1980); Handgards, Inc. v. Johnson & Johnson, supra at 929; Garfinkle v. Areata National Corp., 64 F.R.D. 688, 689 (S.D.N.Y.1974).

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State v. Ellisongreen
sc · 1913 · cited in 1 District of Columbia opinions naming this issue, 1981–1981
1 sentence

1981See also Hunt v. Blackburn, supra 128 U.S. at 470-71 , 95 S.Ct. at 127; Russell v. Curtin Matheson Scientific, Inc., supra at 458; Pitney-Bowes, Inc. v. Mestre, 86 F.R.D. 444, 447 (S.D.Fla.1980); Handgards, Inc. v. Johnson & Johnson, supra at 929; Garfinkle v. Areata National Corp., 64 F.R.D. 688, 689 (S.D.N.Y.1974).

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United States v. Lavance Greene, United States of America v. Randolph Greenegreen
cadc · 1974 · cited in 1 District of Columbia opinions naming this issue, 1977–1977
2 sentences

1977See United States v. Greene, supra, 160 U.S.App.D.C. at 28 , 489 F.2d at 1152 .

1977See United States v. Greene, supra, 160 U.S.App.D.C. at 28 , 489 F.2d at 1152 .

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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 (3)

CaseCitedYears
Hackney v. United States green
dc · 1978
1 sentence

1978As stated by this court in Hackney v. United States, supra at 1341-1342: [Although] the essential elements of the crime charged should be alleged in an indictment, the underlying rationale for this holding was to satisfy the constitutional requirement that a defendant be apprised of what he must be prepared to meet. [Citations omitted.][ 6 ] Indeed, one scholar has suggested that the essential element requirement should be read in light of whether it is fair to the defendant to require him to defend on the basis of the charge stated in the indictment. [Citation omitted.] Hence, although the in

11978–1978
Zabarah v. Yemen Arab Republic neutral
dc · 1964
1 sentence

1965Her argument is based mainly on the case of Zabarah v. Yemen Arab Republic, D.C.App., 198 A.2d 906 (1964), where we decided that an action in ejectment had to be dismissed because the plaintiff was required to prove its title to the property in question as an essential element of its claim.

11965–1965
Shapiro v. Christopher green
cadc · 1952
1 sentence

1964Plaintiff relies heavily on Shapiro v. Christopher, 90 U.S.App.D.C. 114 , 195 F.2d 785 ; but the exact holding in that case is that the trial court “has jurisdiction in ejectment cases where the title to real estate is not in issue, and that the plaintiff’s title is not so in issue if it is expressly conceded or not denied.” 90 U.S.App.D.C. 123 , 195 F.2d 794 .

11964–1964

Where else courts name it

NC 401 (1977–2026) TN 391 (1966–2026) CA 177 (1922–2026) TX 168 (1920–2026) IN 124 (1897–2024) MA 97 (1984–2026) MS 93 (1963–2026) OH 90 (1872–2026) ND 75 (1984–2025) WA 68 (1931–2026) NY 68 (1952–2025) GA 60 (1924–2025) IL 54 (1883–2026) AR 51 (1953–2025) LA 50 (1967–2022) WY 47 (1975–2026) MO 41 (1909–2024) MI 41 (1976–2026) AZ 40 (1966–2025) FL 38 (1951–2022) AL 32 (1978–2018) CT 28 (1972–2022) WI 28 (1951–2025) ID 26 (1965–2026) ME 23 (1982–2025) MN 22 (1924–2014) IA 22 (1915–2024) PA 20 (1900–2022) NM 17 (1967–2026) SC 17 (1924–2026) DE 17 (1941–2026) UT 16 (1994–2026) NJ 15 (1984–2023) MT 11 (2000–2026) KY 9 (1929–2024) OK 9 (1937–2009) SD 9 (1946–2016) RI 9 (1984–2026) NV 9 (1986–2022) MD 8 (1966–2024) NE 8 (1942–2023) KS 8 (1994–2026) HI 8 (1984–2018) OR 8 (1922–2010) WV 7 (1982–2025) CO 7 (1981–2025) VT 6 (2010–2025) DC 6 (1964–2021) VA 5 (1989–2023) NH 4 (1996–1999) VI 3 (2013–2023) AK 3 (1989–1998)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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