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What to Say When the Stuff Hits The Fan

There is a certain rush as a trucking professional when you catch wind that an accident has occurred. I imagine this is similar to what first responders experience, though I would hardly put lawyers in that same category. (The jokes alone speak for themselves as to whether lawyers actually help anyone … but try to […]

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Plaintiff’s Claim Fails After Termination for Refusal of COVID Information Disclosure

On November 12, 2020, the United States District Court for the Eastern District of Virginia granted the Defendant’s Motion to Dismiss a claim based upon an accusation that the Plaintiff was wrongly terminated after failing to give COVID-related information. The Court held that the Plaintiff/Employee was not directed to violate HIPAA when the Defendant/Employer asked […]

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The United States of Amazon . . . In Google We Trust

When I was in law school I had the opportunity to clerk at the Department of Justice (“DOJ”).  It was an amazing once in a lifetime opportunity.  Back then, DOJ, in my humble opinion, was awe-inspiring, the sine qua non of the legal profession, the tip of the legal spear.   I had the privilege […]

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The “Obvious” Decision – Recent Maryland Law on Trip-and-Fall Claims

In a noteworthy recent decision, the defense team at Setliff Law was instrumental in winning summary judgment in the U.S. District Court for the District of Maryland in a trip-and-fall case against a large national retailer.  The court held in that case that under the undisputed facts, the alleged problem with the floor on which […]

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Federal Judge Pauses Jury Trial After Lawyer and Juror Test Positive for COVID-19

Many federal courts around the country are reimposing restrictions to protect the public as COVID-19 numbers continue to skyrocket. Many courts reopened amidst the pandemic with increased safety protocols in place, but now the Eastern District of Texas, among other U.S. district courts, have paused or postponed grand jury proceedings and jury trials to respond […]

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The Power of a Recorded Statement

There is something powerful about a recorded statement.  President Richard Nixon, Washington Mayor Marion Barry, House Speaker Newt Gingrich, Pentagon employee Linda Tripp, Illinois Governor Rod Blagojevich, and lawyer and fixer Michael Cohen are all notorious names associated with secret recordings.  Politics has taught us that recording people can help us catch the dirt, and […]

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Covid-19 Vaccinations in the Workplace

On December 16, 2020, the EEOC released guidelines concerning Covid-19 vaccines in anticipation of their imminent availability. In general, the EEOC has advised that employers can require employees to receive a Covid-19 vaccine or provide proof of vaccination in order to return to or attend the workplace. In certain circumstances, an employer can bar an […]

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“Enemies List” – Not a good idea in Virginia unless you want to be sued

“Enemies List” – Not a good idea in Virginia unless you want to be sued On November 6, 2020, Alexandria Orcasio-Cortez tweeted: “Is anyone archiving these Trump sycophants for when they try to downplay or deny their complicity in the future? I foresee decent probability of many deleted Tweets, writings, photos in the future.”   […]

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Business-Interruption Claims and COVID 19: When Courts Interpret Direct Physical Loss as a Metaphysical Loss

In GEICO v. Moore, the Supreme Court of Virginia memorably held that “[c]ontracts of insurance . . . are not made by or for casuists or sophists, and the obvious meaning of their plain terms is not to be discarded for some curious, hidden sense, which nothing but the exigency of a hard case and the ingenuity […]

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The Dirty World of Staged Trucking Accidents – And How to Protect Your Fleet

The Dirty World of Staged Trucking Accidents – And How to Protect Your Fleet On November 10, 2020, a New Orleans personal injury attorney, Danny Patrick Keating, Jr. became the 33rd defendant charged in an ongoing investigation by the United States Attorney for the Eastern District of Louisiana into crime rings that stage accidents with tractor-trailers […]

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