A bank’s liability for depositing wired funds procured by fraud is generally governed by Article 4A of the Uniform Commercial Code, the court held, although the bank’s representations to the defrauded party may create a cause of action for negligence. ...

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

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. ...

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

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 ...

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

In 2007, Johnson purchased 100 shares of MBA Consulting Services Inc. for a price of $100,000. Coleman represented that, because 600 shares of MBA existed, Johnson’s purchase would make him an approximate one-sixth owner of MBA. Yet for the tax ...

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

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 ...

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

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 ...

Tagged with: Criminal Fairfax County Circuit Court Judge David Bernhard

In the interest of transparency, a Fairfax County judge said he in­tended to tell a criminal jury about applicable sentencing ranges be­fore the jury considered the defen­dant’s guilt. The suggestion that jurors be informed about possible pen­alties has divided Virginia ...

Tagged with: Criminal Fairfax County Circuit Court Judge David Bernhard

A former congressman who re­tained financial control of his Virginia law firm even after his election to the U.S. House is li­able for more than $452,000 in unpaid rent at the firm’s office, a Fairfax County judge has ruled. The ...

Tagged with: Criminal Fairfax County Circuit Court Judge David Bernhard

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 ...

Tagged with: Creditor's Rights Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

A Fairfax County circuit judge denies a motion to strike a jail sentence recommendation in a sex offender’s presentence report despite the fact that sentencing guidelines recommend probation. The defendant presents a challenge to the generalized authority of probation officers ...

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