Douglas v. Kriegsfeld Corp.

SCHWELB, Associate Judge,

with whom WASHINGTON, Chief Judge, and GLICKMAN, Associate Judge, join, dissenting:

I

INTRODUCTION

I wrote about this controversy in some detail in my dissenting opinion when the *1145case was before the division, see Douglas v. Kriegsfeld Corp., 849 A.2d 951, 971-99 (D.C.2004)(Douglas I), and for the most part, I continue to adhere to the views there expressed.1 The case is in a somewhat different posture now, for a remand, as ordered by the en banc court is, in my view, more reasonable than the ruling of the division that Ms. Douglas’ counsel should have been permitted,…