Tag Archives: Judge David Bernhard

County board can seek dec action against BZA (access required)

A county board of supervisors challenging the procedural validity of actions by its board of zoning appeals can do so in a declaratory judgment action, separate from an administrative appeal of the particular BZA decision containing the procedural defects. Background ...

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Lienholders can partially subordinate by contract (access required)

Mortgagee Wells Fargo could subordinate its first-priority lien to its third-priority lien on secured property, without thereby moving the second-priority lien to first position, the court held. Defendant Milton H. Cortez obtained two loans to purchase a home in 2005. ...

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Stay Denied, Despite Related Out-of-State Litigation (access required)

Plaintiff Anthony Hawks, a Washington D.C. attorney, seeks to collect legal fees for services provided to Defendant Jeanne Ellen Libit. Libit was involved in a complex trust litigation in Florida, and Hawks represented Libit both in her individual capacity and ...

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Duty of Good Faith and Fair Dealing – Statutory Contract (access required)

Scott Evans v. Fairfax County Public School Board (Lawyers Weekly No. 017-8-104, 15pp.) (Bernhard, J.) Fairfax Cir.Ct. Case No. CL-2017-3884. Holding: Where the court previously sustained the defendant-school district’s demurrer to the plaintiff-teacher’s complaint in relation to an economic duress ...

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Informing Jury Panel of Penalty Ranges during Voir Dire – Trial Judge’s Discretion – Jury Nullification (access required)

Commonwealth v. Hockett Barela (VLW No. 017-8-089, 12 pp.) Fairfax.Cir.Ct. (Bernhard, J.) MI-2017-4 Holding: Where the trial court’s discretion to inform juries of penalty ranges during voir dire is not circumscribed except by the abuse of discretion standard, and there ...

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Landlord Proves Fraudulent Conveyance Against Lawyers and Defunct Law Firm (access required)

A partnership that owned the site of a defunct Fairfax County law practice is entitled to judgment against the former principals, including a former congressman, and other entities for $380,864.91 for both fraudulent conveyance and voluntary conveyance. The partnership also ...

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