Section 45-1561

Citation: Section 45-1561
Parent Document: Habib v. Thurston, 517 A.2d 1 (1986)
Jurisdiction: DC (municipal)
Effective Date: 1986-10-30
Original Source: https://www.courtlistener.com/opinion/1995493/habib-v-thurston/ ↗

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We have concluded, of course, that such certification is both required and feasible. Moreover, the tenant’s argument on appeal implicitly contains, as a fallback position, the claim of right to a jury at a McNeal hearing on remand; she has presented a complete Seventh Amendment analysis in her briefs. Finally, the tenant cannot be faulted for failing to ask the trial court for a McNeal hearing with a jury. Given the Superior Court precedent on which she relied, in contrast with our decision in Temple, which was issued after she had prevailed, there was no reason to proffer the Seventh Amendment argument until she had to contend with Temple on appeal in a supplemental brief, following submission of her original brief.

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