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In what has become commonplace following tractor-trailer crashes on Virginia’s highways involving heavy-duty towing and recovery services performed at the behest of the police, soon after the incident the trucking company receives an invoice from the towing company accompanied by a copy of the Virginia Bureau of Insurance’s (the “Bureau”) August 19, 2020 Administrative Letter number 202005 (the “Letter). As discussed in more detail below, the Letter purports to instruct insurance companies on what the insurance provided under their policies…
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“Lost time is never found again,” an insightful quote by Benjamin Franklin, apparently no longer applies in post-COVID Virginia, since the Virginia Court of Appeals ruled that time lost during the pandemic shutdown of the courts can be added back to the Statute of Limitations deadlines for all claims. The Virginia Supreme Court has authority to suspend Statutes of Limitations during a judicial emergency. The COVID-19 pandemic created just such an emergency when courts were ordered to close for an…
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The idea of having to pay out a workers’ compensation claim can be irksome, especially when you are self-insured. This frustration can be further compounded as you learn all of the details surrounding the happening of an injury. Sometimes a compensable workers’ compensation claim truly is the fault and responsibility of a third party, and in those situations, it may even be possible to recoup some of the expenses associated with paying out a workers’ compensation claim. A little of…
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The longer you are in business, the greater the chance that one of your customers becomes delinquent. While you have many options to collect a debt in normal circumstances, if your customer files for bankruptcy, you have a minefield of issues to maneuver through. Don’t panic and proceed with caution. FIRST. Stop all goods in transit and arrange for their return to your facility. Once you learn that your customer has filed for bankruptcy, you should stop all goods in…
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Setliff Law is pleased to announce Kevin Streit is the firm’s newest partner. Kevin, who has been a civil litigator for nearly 25 years, came on board in 2020, and in that time has proven to be one of the hardest working lawyers at the firm. According to Steve Setliff, partner and owner of Setliff Law, “We are proud to add Kevin to the ranks of partner here at Setliff Law. Kevin is as fine a litigator—and trial lawyer—as you…
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For truckers, slang is part of the daily jargon. Whether an “alligator” (piece of trash in the roadway), “chicken coup” (weigh station) or “Bambi” (a deer near the roadway), truckers have their own terms for just about everything related to driving. Ask one about a “dream weaver” and you may see them roll their eyes and shake their heads. A “dream weaver” is a term for an impaired driver, usually evident by weaving between lanes while driving due to being…
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In Virginia when you buy a new mobile home there are two separate transactions and two separate documents evidencing ownership and those ownership documents are recorded by two different government agencies. The mobile home is bought from a manufacturer and because a mobile home is “mobile,” it is personal property, with ownership shown by a title issued by the Department of Motor Vehicles, just like a motor vehicle. The land that you install the mobile home on is real property,…
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This article is far from the first and far from the best researched on the subject of AI applications in law. However, given that legal AI companies seem insistent on moving their products into the practice and the courtroom, and that there seems to be a huge motivation on their part to disrupt the legal business-scape, it seems worthwhile to examine how effective AI can be at tackling mankind’s most precise art and most inexact science. We started by feeding…
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An important first question for any defendant who is served with a new lawsuit is whether the court has personal jurisdiction. Essentially, personal jurisdiction gives a court the ability to exercise its authority over a defendant. For a court to have personal jurisdiction, there must be a sufficient connection between the case and the state where the lawsuit is pending. For example, a court will typically have personal jurisdiction if a defendant is an individual who is a resident of…
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Quite a bit, in fact, if you’ve got a calculator handy. As we head towards opening day, there has been quite a bit of buzz about Major League Baseball’s new rules, including the newly expanded bases. The new bases aren’t quite the extra-large pizza boxes you use in your Wednesday night softball league, but they have been expanded from fifteen inches square to eighteen inches square. In addition to providing three more inches between a sliding player’s studs and the…
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