The Verdict That Followed a Mass-Casualty Crash A 130-plus vehicle pileup in February 2021 that resulted in at least six fatalities became the ignition point for one of the most recent nuclear verdicts of 2025. On December 15, 2025, a Texas jury returned a $44.1 million verdict in a wrongful death action arising from the Fort Worth-area crash against New Prime, Inc. The verdict included $20 million in punitive damages and $24.1 million in compensatory damages, with 75% of fault…
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Environmental Protection Agency & Emissions The Environmental Protection Agency ("EPA") is re-evaluating its 2022 Heavy-Duty Engine and Vehicle nitrogen oxides rule, with a proposed rule in the pipeline for spring 2026. According to the EPA, the goal is to "make major changes to the program requirements while maintaining the model year 2027 start of the standards, which can significantly reduce the cost of new heavy-duty vehicles, while still protecting human health and the environment, and avoiding regulatory distortions of the…
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The Virginia Workers’ Compensation Act §65.2-603 states: “[A]s long as necessary after an accident, the employer shall furnish or cause to be furnished, free of charge to the injured employee, a physician chosen by the injured employee from a panel of at least three physicians selected by the employer and such other necessary medical attention.” Previously, we discussed how the Virginia Workers’ Compensation Act requires employers to provide care and coverage for injuries that arise out of and in the…
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Join Stephen Setliff, partner and owner, Setliff Law, and the Virginia Trucking Association for a timely webinar on federal enforcement affecting non-domiciled CDL holders. Learn what employers need to know about hiring, compliance, and defending claims. Thursday, December 18, 11 a.m. Eastern Time Register here
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Setliff Law is pleased to announce that the Supreme Court of Virginia has denied a request to review a decision by the Virginia Court of Appeals that affirmed the dismissal of a $3.5 million wrongful death claim against its client. The case, Satterwhite, Administrator of the Estate of Jerry Dean Robbins v. Wilbourne Land and Timber, Inc., and Javier Salas-Zarate Francisco, arose from a workplace accident at a logging site in Mecklenburg County, Virginia. The case was dismissed after Circuit…
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Whether freight brokers can be held liable for crashes caused by the motor carriers they hire remains one of the most unsettled issues in transportation law. The debate centers on the Federal Aviation Administration Authorization Act (FAAAA), enacted in 1994 to prevent states from enforcing laws that interfere with the prices, routes, or services of carriers and brokers in interstate commerce (49 U.S.C. § 14501). But the statute includes a short, much-litigated carve-out: it does not preempt a state’s “safety…
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When are similar insurance claims considered "related" under a claims-made policy? The Eastern District of Virginia recently offered guidance in Navigators Specialty Ins. Co. v. Avertest, LLC, No. 1:24-cv-932 (LMB/WBP), 2025 WL 273201 (E.D. Va. July 18, 2025). Under a claims-made policy, a later claim that “relates back” to an earlier claim may be treated as a single claim first made during the prior policy period. Because this can determine which insurer—if any—owes coverage, whether two claims are “related” is…
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A new piece of legislation, Senate Bill 2690 – the Safer Truckers Act of 2025, has been introduced in the U.S. Senate as part of a broader transportation reform agenda. The bill builds on prior efforts during the Trump administration, including the 2016 directive that strengthened enforcement of the English language proficiency requirement for commercial driver’s license (CDL) holders. Key Provisions of the Bill The Safer Truckers Act, co-sponsored by Senators Cindy Hyde-Smith (MS), James Lankford (OK), and Rick Scott…
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If your company’s vehicles operate in interstate commerce, you may be paying more personal property tax than required in Virginia. Vehicles used directly in business operations can sometimes qualify for assessment under the Machinery & Tools (M&T) rate—a significantly lower rate than standard vehicle taxes. However, many localities continue to treat interstate-use vehicles as ordinary personal property, leading to overvaluations and inflated tax bills. While Virginia law distinguishes between vehicle and M&T classifications, it also allows certain exclusions and apportionments…
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