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Tag Archives: Judge David Bernhard

Sole proprietor not required to have workers’ comp insurance

A working owner of an unincorporated business is not an employee within the meaning of the Virginia Workers’ Compensation Act. Further, the business’ customers do not employ the business’ workers. As a result, the business owner was not required to ...

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Sole proprietor not ‘employee’ under workers’ comp law

A Virginia court has rejected an insurance company’s argument that the owner of an unincorporated cleaning business should be counted as an employee along with her two hired workers, thereby subjecting the business to the Virginia Workers Compensation Act, or ...

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‘Romantic partner’ clause void as against public policy

A clause in a property settlement agreement requiring “great care” before either party introduces a romantic partner to the child is vague and cannot be enforced. Further, where the court has ruled that the parties will pay their child’s unreimbursed ...

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Eave overhang immaterial to adverse possession claim

Where the court previously ruled that the boundary line between the parties’ property is defendants’ fence, which is on land defendants obtained by adverse possession, the fact that a roof eave on plaintiffs’ shed overhangs the fence does not defeat ...

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Romantic restrictions provisions void

Married couple with child

A Virginia circuit court has ruled that provisions in a property settlement agreement, or PSA, which regulated introduction of the parties’ romantic partners to their child were unconstitutionally vague, void as against public policy and unenforceable. Judge David Bernhard of ...

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Sudden medical emergency defense presented in car, bus accident — Defense verdict

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 ...

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Plaintiff without counsel cannot represent estate

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 ...

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No suit for assigned percentage of note

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 ...

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