Duty of Good Faith and Fair Dealing – Statutory Contract

December 18, 2017 Comments Off on 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 ...

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

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

October 13, 2017 Comments Off on 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 ...

Tagged with: Criminal Fairfax County Circuit Court Judge David Bernhard

Judge: Tell jury about sentence range

October 13, 2017 Comments Off on Judge: Tell jury about sentence range (access required)

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

The rent is due

October 2, 2017 Comments Off on The rent is due (access required)

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

Landlord Proves Fraudulent Conveyance Against Lawyers and Defunct Law Firm

September 22, 2017 Comments Off on 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 ...

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

Motion to Strike Sentence Recommendation Denied

September 15, 2017 Comments Off on 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 ...

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