competing claim (District of Columbia) · Go Syfert
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competing claim in District of Columbia

5 District of Columbia opinions name it 1 courts 1961–2023 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 (2)

CaseFollowedCited
Brown v. United Statesgreen
scotus · 1921 · cited in 1 District of Columbia opinions naming this issue, 2023–2023
1 sentence

2023But there is a competing principle that self-defense is grounded in reasonableness and “‘rules consistent with human nature.’” Parker v. United States, 155 A.3d 835 , 844 n.15 (D.C. 2017) (quoting Brown v. United States, 256 U.S. 335, 343 (1921)).

11
United States v. National Bank of Commercegreen
scotus · 1985 · cited in 1 District of Columbia opinions naming this issue, 1991–1991
2 sentences

1991National Bank of Commerce, supra, 472 U.S. at 721-22, 727 , 105 S.Ct. at 2924-25, 2927-28 (fact that another party may have a competing claim is not a legitimate statutory defense for failing to comply with an IRS demand); Laurel County, supra, 805 F.2d at 635-36 .

1991National Bank of Commerce, supra, 472 U.S. at 721-22, 727 , 105 S.Ct. at 2924-25, 2927-28 (fact that another party may have a competing claim is not a legitimate statutory defense for failing to comply with an IRS demand); Laurel County, supra, 805 F.2d at 635-36 .

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
IN RE KELLY A. CROSS green
dc · 2017
1 sentence

2023But there is a competing principle that self-defense is grounded in reasonableness and “‘rules consistent with human nature.’” Parker v. United States, 155 A.3d 835 , 844 n.15 (D.C. 2017) (quoting Brown v. United States, 256 U.S. 335, 343 (1921)).

12023–2023
Wilson v. United States green
dc · 1980
1 sentence

2000All told, then, our decisions affirming the “jurisdiction and duty” of the trial court to return property under Rule 41(g) have done so in circumstances where “[i]t makes for economy of judicial effort to have the matter disposed of in the criminal proceeding,” Wilson I, 176 U.S.App.D.C. at 325 , 540 F.2d at 1104 , and where the “ancillary” nature of the hearing would not be supplanted by an “essentially ... civil action” in which the rights of “competing claimants ... [are] resolved.” Stevens, 462 A.2d at 1139 . 3 Importantly, in Wilson I, whose analysis of the corresponding federal Rule 41 a

12000–2000
United States v. Luther R. Wilson, Jr. green
cadc · 1976
2 sentences

2000All told, then, our decisions affirming the “jurisdiction and duty” of the trial court to return property under Rule 41(g) have done so in circumstances where “[i]t makes for economy of judicial effort to have the matter disposed of in the criminal proceeding,” Wilson I, 176 U.S.App.D.C. at 325 , 540 F.2d at 1104 , and where the “ancillary” nature of the hearing would not be supplanted by an “essentially ... civil action” in which the rights of “competing claimants ... [are] resolved.” Stevens, 462 A.2d at 1139 . 3 Importantly, in Wilson I, whose analysis of the corresponding federal Rule 41 a

2000All told, then, our decisions affirming the “jurisdiction and duty” of the trial court to return property under Rule 41(g) have done so in circumstances where “[i]t makes for economy of judicial effort to have the matter disposed of in the criminal proceeding,” Wilson I, 176 U.S.App.D.C. at 325 , 540 F.2d at 1104 , and where the “ancillary” nature of the hearing would not be supplanted by an “essentially ... civil action” in which the rights of “competing claimants ... [are] resolved.” Stevens, 462 A.2d at 1139 . 3 Importantly, in Wilson I, whose analysis of the corresponding federal Rule 41 a

12000–2000
Stevens v. United States green
dc · 1983
1 sentence

2000All told, then, our decisions affirming the “jurisdiction and duty” of the trial court to return property under Rule 41(g) have done so in circumstances where “[i]t makes for economy of judicial effort to have the matter disposed of in the criminal proceeding,” Wilson I, 176 U.S.App.D.C. at 325 , 540 F.2d at 1104 , and where the “ancillary” nature of the hearing would not be supplanted by an “essentially ... civil action” in which the rights of “competing claimants ... [are] resolved.” Stevens, 462 A.2d at 1139 . 3 Importantly, in Wilson I, whose analysis of the corresponding federal Rule 41 a

12000–2000
Clay Properties, Inc. v. Washington Post Co. green
dc · 1992
2 sentences

1997Having breached this duty to inquire, the court held that the Washington Post was not a bona fide purchaser for value, and, therefore, that it did not have a priority claim on the property. 11 ."Notice, however, may be actual, constructive, or inquiry.... [A party] is held to be on inquiry notice where [it] is aware of circumstances which generate enough uncertainty about the state of title that a person of ordinary prudence would inquire further about those circumstances." Clay, supra, 604 A.2d at 895 . 12 .

1997Having breached this duty to inquire, the court held that the Washington Post was not a bona fide purchaser for value, and, therefore, that it did not have a priority claim on the property. 11 ."Notice, however, may be actual, constructive, or inquiry.... [A party] is held to be on inquiry notice where [it] is aware of circumstances which generate enough uncertainty about the state of title that a person of ordinary prudence would inquire further about those circumstances." Clay, supra, 604 A.2d at 895 . 12 .

11997–1997
cluster 479404 green
ca3 · 1986
1 sentence

1991National Bank of Commerce, supra, 472 U.S. at 721-22, 727 , 105 S.Ct. at 2924-25, 2927-28 (fact that another party may have a competing claim is not a legitimate statutory defense for failing to comply with an IRS demand); Laurel County, supra, 805 F.2d at 635-36 .

11991–1991
Walsh v. Crescent Hill Co. green
dc · 1957
1 sentence

1961We say, as we did in Walsh v. Crescent Hill, supra, that here “there are no such overriding considerations of law, or of principle or policy, as would lead us to hold that the ruling appealed from is basically unsound or productive of an unjust result.

11961–1961

Where else courts name it

NY 41 (1979–2024) TX 25 (1985–2022) CA 24 (1981–2024) OH 21 (1988–2026) MA 15 (1980–2026) MI 14 (1978–2022) IL 13 (1972–2025) NJ 11 (1975–2025) FL 10 (1966–2011) ND 9 (1993–2021) PA 9 (1980–2025) MT 9 (1980–2025) WA 8 (1971–2020) CT 8 (1983–2025) IA 7 (2005–2023) LA 5 (1998–2010) MO 5 (1989–2024) TN 5 (2000–2020) NM 5 (2009–2025) NC 5 (2021–2022) DC 5 (1961–2023) SD 4 (1977–2022) MN 4 (1986–2007) MD 3 (2003–2008) NH 3 (2003–2013) AZ 3 (1987–1998) ME 2 (1999–2018) UT 2 (2014–2016) KS 2 (2017–2018) GA 2 (2016–2021) OR 2 (1997–2002)

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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