Elias, Danielle

Experience:

(Recent litigated cases only.)

Won summary judgment and civil rule12(c) dismissal motions of seven-count complaint alleging, for example, defamation, tortious interference with business relations, invasion of privacy and fraud. Superior Court of District of Columbia, case number 09-ca-4137, June, 2012

Represented federal employee requesting scope of employment certification as immunity defense to civil suit filed in Superior Court of D.C. Following denial by U.S. Attorney for D.C., petitioned Superior Court for judicial review of U.S. Attorney’s decision. Case removed by the United States to U.S. district court for review. 759 F.Supp.2d 89 (D.D.C. 2011)

Gained reinstatement, fees and benefits following appealed removal of federal employee by agency and obtained reinstatement following settlement and dismissal of action before MSPB. 2009, docket # DC-0752-09–0326-I-2.

Defended client against plaintiff’s charges of breach of non-compete agreement and duty of loyalty. Court granted in part defendant’s motion to counterclaim for fraud. DBTS, Inc. v. Mengesha, 2006-CA- 7912, Superior Court of D.C. Case settled 2009.

Won remand for new trial in Appellate Rule 10 partial missing transcript case involving criminal assault conviction.  Wrote brief arguing missing transcript (due to gaps in recording tape at trial) precluded effective appeal and meaningul appellate review.  Court remanded, ordering us to create "statement of proceedings" from notes and recall of trial attorneys and judge.  My opposition to our resulting "statement" was denied by Superior Court judge who certified it for appeal.  I argued in second brief that reconstruction depicted in "statement" failed to cure, and meaningful review remained impaired.  Appeals Court agreed, reversed conviction and remanded for new trial.  (Turned case over to another appellate counsel, who added that trial courst erroneously failed to advise complainging witness of spousal privilege to refuse to testify based on marriage to defendant; this also was reversed.)  Egbuka v. United States, 968 A.2d 511 (D.C. 2009).

Practice Fields of Interest: Defamation actions; First Amendment issues; Whistleblower retaliation claims; MSPB actions; and condominium disputes on behalf of unit owners.