Type of action: Auto accident involving car and bus Injuries alleged: Soft tissue injuries to neck, back and hip; claimed partial rotator cuff tear requiring surgery Name of case: Argichew v. Wilee Court: Fairfax County Circuit Court Case no.: CL-2019-6925 ...

Tagged with: Auto Accident Defense Verdict Farifax County Circuit Court Judge David Bernhard Verdict Virginia Circuit Courts

Where defendants’ bamboo has spread into plaintiffs’ yard, damaging plaintiffs’ shed, the bamboo is both a nuisance and trespassory and must be abated. Issues before the court “The Court has before it the claims of Plaintiffs David Willems and Petra ...

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

Although plaintiff is the proper party as the personal representative of her mother’s estate, she cannot maintain an action to compel defendant to convey a deed to the estate unless she has counsel. Overview Plaintiff Wood sued George Marshall, alleging ...

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

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