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Tag Archives: Judge David Bernhard

‘Romantic partner’ clause void as against public policy (access required)

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 (access required)

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 (access required)

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 (access required)

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 (access required)

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 (access required)

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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Judge says no portraits in courtrooms for criminal trials (access required)

A Fairfax judge has declared that when he presides over jury trials of criminal defendants, such trials “shall proceed in a courtroom devoid of portraits in the furtherance of justice.” Fair trial concerns “The Court has before it the question ...

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