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Profile: US Court of Appeals for the District of Columbia
US Court of Appeals for the District of Columbia was a participant or observer in the following events:
The US Justice Department appeals an adverse decision of the US District Court for the District of Columbia in the dispute with Inslaw over the alleged theft of the enhanced PROMIS application (see November 22, 1989). The department raises some of the same issues previously raised in its appeal of a bankruptcy court ruling to the District Court and requests a reversal on the basis of the facts found in the bankruptcy court, which it says made “clear errors.” In addition, it argues:
That its use of enhanced PROMIS did not violate automatic stay bankruptcy protection, so the argument should not have been in the bankruptcy court, but before the Department of Transportation Board of Contract Appeals under the Contract Disputes Act;
That since no motion was filed to convert Inslaw from a chapter 11 bankruptcy to a chapter 7, there was no violation of the automatic stay protection in this respect;
That the department has not filed a claim, so it is still entitled to sovereign immunity; and
That damage awards for violation of the automatic stay can only be paid to individuals, not corporations.
The department will be successful and the District Court ruling will be overturned (see May 7, 1991). [US Congress, 9/10/1992]
The US Court of Appeals for the District of Columbia reverses two rulings in favor of Inslaw in the dispute over enhanced PROMIS software, following an appeal by the Justice Department (see October 12, 1990). The rulings had been issued by Bankruptcy Court for the District of Columbia (see September 28, 1987) and the US District Court for the District of Columbia (see November 22, 1989). The reversal is granted on what a House Judiciary Committee report favorable to Inslaw will call “primarily jurisdictional grounds.” The appeal court says the bankruptcy court was the wrong place to litigate the issues it decided and, in any case, the department has not violated automatic stay bankruptcy provisions. However, the appeal court notes that both lower courts found that the department had “fraudulently obtained and then converted Enhanced PROMIS to its own use,” and that “such conduct, if it occurred, is inexcusable.” [US Congress, 9/10/1992]
Convicted felon Lewis “Scooter” Libby (see March 6, 2007), formerly the chief of staff for Vice President Dick Cheney, is disbarred from practicing law. The US Court of Appeals for the District of Columbia rules that when a lawyer “is convicted of an offense involving moral turpitude, disbarment is mandatory.” [CBS News, 1/25/2007; Reuters, 3/20/2008] Libby’s conviction was commuted by President Bush months before (see July 2, 2007). Libby has already been suspended from practicing law. Libby says he will not challenge the disbarment. [Jeralyn Merritt, 3/20/2008; Reuters, 3/20/2008]
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