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 ...

Tagged with: Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts Workers’ Comp

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 ...

Tagged with: Judge David Bernhard Virginia Circuit Courts Workers' Compensation

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 ...

Tagged with: Domestic Relations Fairfax Circuit Court Judge David Bernhard Virginia Circuit Courts

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 ...

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

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 ...

Tagged with: Domestic Relations Fairfax County Circuit Court Family Law Judge David Bernhard Virginia Circuit Courts

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 ...

Tagged with: Auto Accident Defense Verdict Farifax County Circuit Court Judge David Bernhard Verdict Virginia Circuit Courts

Where defendants’ bamboo has spread into plaintiffs’ yard, damaging plaintiffs’ shed, the bamboo is both a nuisance and trespassory and must be abated. Issues before the court “The Court has before it the claims of Plaintiffs David Willems and Petra ...

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

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 ...

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

Where plaintiff sued defendants under Virginia law for trademark infringement, federal law informs the court’s evaluation of whether laches is a valid defense to plaintiff’s suit. Defendants have not proven their laches defense in their plea in bar. Plaintiff lacked ...

Tagged with: Fairfax Circuit Court Judge David Bernhard Trademark Virginia Circuit Courts

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 ...

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