Where plaintiff sued defendants under Virginia law for trademark infringement, federal law informs the court’s evaluation of whether laches is a valid defense to plaintiff’s suit. Defendants have not proven their laches defense in their plea in bar. Plaintiff lacked ...

Tagged with: Fairfax Circuit Court Judge David Bernhard Trademark Virginia Circuit Courts

Where plaintiff partially assigned a promissory note to another entity, plaintiff cannot sue a defaulting defendant for the assigned percentage. Overview Plaintiff Walnut Street Finance and defendant Ferguson Holdings entered into a promissory note. Defendant Devon Ferguson signed the note ...

Tagged with: Civil Practice Fairfax Circuit Court Judge David Bernhard Virginia Circuit Courts

A Fairfax judge has declared that when he presides over jury trials of criminal defendants, such trials “shall proceed in a courtroom devoid of portraits in the furtherance of justice.” Fair trial concerns “The Court has before it the question ...

Tagged with: Criminal Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

Where a school principal was indicted for allegedly failing to report suspected child abuse, the charge is criminal in nature. The commonwealth may prosecute the charge and insist on a jury trial. Overview A grand jury indicted defendant, a school ...

Tagged with: Criminal Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

A ruling that setting cash bail would violate due process for an indigent DWI defendant could add weight to the legislative effort to reform the cash bail system in Virginia. Fairfax County Circuit Judge David Bernhard said imposing a $2,500 ...

Tagged with: Criminal Fairfax County Circuit Court Judge David Bernhard

The general district court’s imposition of a $2,500 cash or surety bond as a condition of defendant’s release after being arrested for driving while intoxicated was an unconstitutional application of Virginia’s statutory bail bond scheme. As a matter of discretion, ...

Tagged with: Criminal Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

A divorce decree entered by this court is unaffected by a California court’s divorce order that ended the marriage of plaintiff and his first spouse, even though the California order was entered after plaintiff married defendant but made nunc pro ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

Where plaintiff husband petitioned for a rule to show cause, alleging that defendant wife violated the parties’ divorce settlement agreement, his later petition to end spousal support does not relate back to the show cause petition. Background The parties’ settlement ...

Tagged with: Domestic Relations Fairfax Circuit Court Judge David Bernhard

Although the court has the discretion to dismiss defendant’s case even though he has not completed the required 100 hours of community service, the court will instead extend the time for completing community service by six months. Background Defendant was ...

Tagged with: Criminal Fairfax Circuit Court Judge David Bernhard Virginia Circuit Courts

Where the express terms of an easement grants only ingress and egress to a lake, the easement does not convey riparian rights to plaintiff, and he has no right to dock a boat at a seawall on defendants’ lot. Overview ...

Tagged with: Fairfax Circuit Court Judge David Bernhard Real Estate Virginia Circuit Courts