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David Bernhard

David Bernhard’s Legal Cases

9 total

  • Ford Motor Company v. Benitez, 273 Va. 242, 639 S.E.2d 203 (2007)

    Practice Area:
    Appeals
    Date:
    Jan 12, 2007
    Outcome:
    Won on appeal in Supreme Court of Virginia.
    Description:
    DISCLAIMER: CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY A LAWYER. Held: The trial court did not abuse its discretion in imposing monetary sanctions against an attorney under Code § 8.01-271.1 where, under an objective standard of reasonableness, the attorney had knowledge at the time of signing a pleading, formed after reasonable inquiry, that there was no factual support for several affirmative defenses asserted therein. The trial court's judgment was affirmed. This is a seminal case and one of the more important ones decided by the Virginia Supreme Court for it governs how any lawyer, civil or criminal, is to conduct themselves in the filing of pleadings.
  • Commonwealth v. Martinez, 99 Vap UNP 0467994 (1999)

    Practice Area:
    Criminal Defense
    Date:
    Jun 20, 1999
    Outcome:
    Case dismissed by the Court of Appeals of Virginia.
    Description:
    DISCLAIMER: CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY A LAWYER. Court of Appeals of Virginia affirmed the trial court ruling granting motion to suppress.
  • Ayala v. Aggressive Towing and Transport, 276 Va. 169, 661 S.E.2d 480 (2008)

    Practice Area:
    Personal Injury
    Date:
    Jun 06, 2008
    Outcome:
    Won appeal in Supreme Court of Virginia.
    Description:
    DISCLAIMER: CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY A LAWYER. In a wrongful death action against a tow truck driver and his employer arising from a vehicular crash, the trial court erred by receiving into evidence the guilty pleas and an order of conviction for involuntary manslaughter of the driver of the car in which the victim was riding at the time of the crash. The judgment was reversed and the case is remanded for a new trial.
  • re Estate of Garcia v. Electrifiers, Inc., 06 WC UNP 2137580 (2006)

    Practice Area:
    Workers Compensation
    Date:
    Aug 02, 2006
    Outcome:
    Case won on appeal.
    Description:
    DISCLAIMER: CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY A LAWYER. Appeal of wrongful death workers compensation benefits case.
  • Commonwealth v. Machado

    Practice Area:
    Criminal Defense
    Date:
    Jul 18, 2009
    Outcome:
    Case won in Fairfax Circuit Court.
    Description:
    DISCLAIMER: CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY A LAWYER. First case in the Fairfax County Circuit Court to throw out DUI certificate of analysis pursuant to Melendez-Diaz v. Massachusetts United States Supreme Court case. Read Washington Post coverage about this watershed case here: http://www.washingtonpost.com/wp-dyn/content/article/2009/07/17/AR2009071703478.html
  • Enriquez v. Commonwealth, U. S. Supreme Court, No. 12-109, (2012)

    Practice Area:
    Criminal Defense
    Date:
    Jul 25, 2012
    Outcome:
    Petition denied in the U.S. Supreme Court.
    Description:
    DISCLAIMER: CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY A LAWYER. Challenge to the retroactive redefinition of "operation" in DUIs by the Supreme Court of Virginia. Case is profiled here: http://www.washingtontimes.com/news/2012/aug/1/va-man-appeals-to-supreme-court-over-dui-convictio/
  • Commonwealth v. Salazar, Va. App. Record No. 0141-99-4 (1999)

    Practice Area:
    Criminal Defense
    Date:
    Jan 25, 1999
    Outcome:
    Case dismissed by the Court of Appeals of Virginia.
    Description:
    DISCLAIMER: CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY A LAWYER. Allegation defendant assaulted police while they entered his home without a warrant.
  • Commonwealth v. Centeno-Trejo, Va. App. Record No. 1529-10-4 (2010)

    Practice Area:
    Criminal Defense
    Date:
    Sep 27, 2010
    Outcome:
    Case dismissed by the Court of Appeals of Virginia.
    Description:
    DISCLAIMER: CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY A LAWYER. Defendant was alleged to have assaulted police after warrantless entry of his home.
  • Representative appellate cases - Court of Appeals of Virginia, Supreme Court of Virginia, U.S. Supreme Court

    Practice Area:
    Appeals
    Date:
    Jul 01, 2012
    Outcome:
    See each case link.
    Description:
    DISCLAIMER: CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY A LAWYER. For a representative list of our appeals access this link: http://www.bernhardandgardner.com/About_Our_Firm.html