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Tag Archives: Judge David Bernhard

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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Motion to Strike Sentence Recommendation Denied (access required)

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 ...

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