The Law Firm of Hamilton and Hamilton
Washington, DC

 
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Hamilton and Hamilton, LLP
"A Washington D.C. Tradition Since 1876"



Hamilton and Hamilton, LLP
910 17th Street, N.W., Suite 800
Washington, D.C. 20006-2606
Tel.  (202) 463-8282
Fax  (202) 463-7282

SOME OF THE FIRM'S SIGNIFICANT CASES


The firm has handled many cases over the years, a large number of which have resulted in published decisions, a sampling of which includes:


  •  Johnson v. District of Columbia, et al., 728 A.2d 70 (D.C. 1999): Affirms jury verdict in favor of defendant hot water heater manufacturer in action involving a tap water scald injury to minor child, upholding trial court's exclusion of plaintiff's expert witness on basis of lack of qualification and background.


  •  E.E.O.C. v. Catholic University of America, 83 F.3d 455 (D.C. Cir., 1996), affirming 856 F.Supp. 1 (D.D.C. 1994): In a sex discrimination case, the E.E.O.C. and courts are precluded by the First Amendment from interfering with a university's denial of tenure to a professor of Canon Law.


  •  Cheatle v. Cheatle,  662 A.2d 1362 (D.C. 1995):  A finding of gross negligence causing death, since it involves no intent to kill or harm, is insufficient as a matter of law to cause a forfeiture of a beneficiary's right to inherit from the deceased under common law.  



  •  Chesapeake and Ohio Railway Co. v. Schwalb, 493 U.S. 40 (1989): Wrote the amicus curiae brief on behalf of the railroad industry in this case which held that the federal Longshore Act, not the Federal Employers' Liability Act, governed claims by railroad workers injured while maintaining dockside coal-loading equipment.



  •  Foshee v. Consolidated Rail Corp., 849 F.2d 657 (D.C.Cir. 1988), affirming 661 F.Supp. 650 (D.D.C. 1987): A 13-year old child who suffered multiple amputations was barred from recovery as a matter of law, for injuries sustained when he came into contact with a moving train.




  •  Best v. Howard University, 484 A.2d 958 (D.C. 1984) and 547 A.2d  144 (D.C. 1988):  Commonly referred to a Best I and Best II, these oft-cited decisions established this jurisdiction's seminal interpretation of several employment law issues involving Title VII, the Equal Pay Act, the District of Columbia Human Rights Act, gender based discrimination and sexual harassment and employment contract rights.  




  •  Edwards v. Consolidated Rail Corp., 567 F.Supp. 1087 (1983), affirmed, 733 F.2d 966 (D.C.Cir. 1984), cert. denied, 469 U.S. 883 (1984): One of the lead cases in the U.S. on injuries sustained by juvenile visitors on railroad property, and non-applicability of the doctrine of "attractive nuisance."




  •  Lunceford v. D.C. Board of Education, 745 F.2d 1577 (D.C.Cir. 1984): The Hospital for Sick Children of Washington, D.C., a private entity, is not a proper entity for suit under the federal Education for All Children Act.




  •  Washington Metropolitan Area Transit Authority v. Jones, 443 A.2d 45 (D.C. en banc, 1982): The leading District of Columbia decision on the doctrine of "last clear chance" in automobile accident cases.



  •  Potomac Electric Power Co. v. Director, Office of Workers' Compensation Programs, etc., 449 U.S. 268 (1980): Under the federal Longshore Act, an injured employee may not recover for loss of earning capacity, but is limited to the amount specified for an injury which is a "schedule loss" under the Act.




  •  Mobley v. Southern Railway Co., 418 A.2d 1044 (D.C. 1980): A lead case holding the doctrine of forum non conveniens bars a railroad worker injured in Virginia from filing a F.E.L.A. case in D.C., even though the railroad is headquartered here.




  •  O'Hair v. Andrus, 613 F.2d 931 (D.C.Cir. 1979), injunction denied, 444 U.S. 890 (1979): A unique case for its speed of resolution (three weeks from filing - to trial - to a fully argued appeal - to final resolution by the U.S. Supreme Court) as well its subject matter -- the successful defense of a suit brought by Madalyn Murray O'Hair which sought to enjoin the defendants, the National Park Service and Pope John Paul II, from celebrating the historic Papal Mass on the National Mall.




  •  District of Columbia v. Potomac Electric Power Co., 402 A.2d 430 (D.C. 1979): A specific money cap in a Congressional Appropriation Act does not relieve the City government of its obligation to pay the full amount of electrical charges approved by the Public Service Commission.




  •  Brooks v. Washington Terminal Co., 593 F.2d 1285 (D.C.Cir. 1979): Recovery under the F.E.L.A. by a railroad foreman assaulted by a subordinate as revenge for being suspended from duty is precluded under the F.E.L.A.




  •  In re: Estate of French, 365 A.2d 621 (D.C. 1976), certiorari granted and affirmed with full court decision sub nom. Key v. Doyle, 434 U.S. 59 (1977): The D.C. "Mortmain" statute voiding bequests made to churches less than thirty days before death is unconstitutional; a statute enacted by Congress applicable only to the District of Columbia is not an "Act of Congress" for purposes of the Supreme Court's appellate jurisdiction.




  •  Potomac Electric Power Co. v. Westinghouse Electric Co., 385 F.Supp. 572 (D.D.C. 1974), reversed 527 F.2d 853 (D.C.Cir. 1975): A case establishing the right of a purchaser to recover consequential damages from a manufacturer resulting from a defective turbine-generator, notwithstanding express limited warranties and a limitation of liability in the sales contract.




  •  Ford v. Lafayette Life Ins. Co., 362 F.2d 970 (D.C.Cir. 1966): A case upholding the common-law principle that a personal service contract terminates on the dissolution of the partnership, thereby precluding a surviving partner from unilateral enforcement of the contract.




  •  Int'l Brotherhood of Electrical Workers v. Washington Terminal Co., 473 F.2d 1156 (D.C.Cir. 1972), cert. denied, 411 U.S. 906 (1973): A successful defense of the "incidental work rule," resulting in one of the leading decisions analyzing the "major/minor dispute" dichotomy under the Railway Labor Act.



    And from our "Formative Years" - - - -


  •    United States v. John Surratt - Represented by the founder of the firm, John Surratt was the only "Lincoln Assassination Conspiracy" defendant who was not convicted.