In the ongoing struggle between the trucking industry and the towing industry in Virginia over excessive towing and recovery bills, a state Supreme Court decision from 2020 has begun to figure heavily into the debate of which charges are, and are not, recoverable by a towing company. That one decision, T. Musgrove Construction Company v. Young, 840 S.E.2d 337 (Va. 2020), looms particularly large in the legal landscape, as it is, to date, the Supreme Court of Virginia’s only decision… Read More

It has been a long week and you’re back home taking some well-deserved time off from work. Your home state has legalized the recreational use of marijuana; so, when a friend offers you some to relax one evening you try it. Or maybe you try a CBD drink, gummy, or another hemp derivative product you bought at a local store because the advertisements say they can help you sleep without any psychoactive effects. Unfortunately, many truck drivers across the country… Read More

On Friday, August 19, 2022, a jury in Georgia awarded $1.7 billion in punitive damages to the children of two parents who were killed when their 2002 Ford F-250 rolled over. The day before, the same jury had awarded $24 million in compensatory damages. In the legal profession, this is known as a “nuclear verdict” – an award that is significantly disproportionate to what would be expected given the economic damages in the case. Even though Ford plans to appeal,… Read More

The United States Supreme Court has recently declined to hear an appeal from the Ninth Circuit holding that a freight broker may be held liable for injuries caused in an accident where the broker allegedly negligently selected an unsafe motor carrier. Miller v. C.H. Robinson Worldwide, Inc., 976 F.3d 1016 (9th Cir. 2020), cert. denied. This denial leaves open the strong possibility of new avenues of attack for plaintiffs and new potential liabilities for defendants. The facts in Miller are… Read More

Congratulations to our attorneys listed in the 2023 edition of Best Lawyers in America and Best Lawyers in America: Ones to Watch C. Stephen Setliff Included in Best Lawyers in America editions since 2008, Mr. Setliff has reached a milestone for being recognized for 15 years in a row. In 2022, Mr. Setliff was also honored to receive the "Lawyer of the Year" award in the category of Mass Tort Litigation / Class Actions - Defendants. Recognized in the categories… Read More

The United States Supreme Court’s recent decision not to hear the California Trucking Association’s request for review of the U.S. Court of Appeals for the 9th Circuit’s decision in CTA v. Bonta—which upheld California’s AB5 law governing the use of independent contractors— is going to have incredibly broad sweeping ramifications for the trucking industry as a whole, as well as further exacerbate the nation’s already tenuous supply chain shortage. Not only will this decision affect trucking companies that have their… Read More

In 1969, the rock band Jethro Tull charted a memorable hit titled “A New Day Yesterday.” In the third verse, singer and songwriter Ian Anderson intoned, “Spent a long time looking/For a game to play/My luck should be so bad now/to turn out this way/O! I had to leave today/just when I thought I'd found you/It was a new day yesterday/but it's an old day now.” ("A New Day Yesterday" by Jethro Tull, STAND UP ©Ian Anderson Music Ltd., GEMA)… Read More

Maryland’s mechanic's lien laws seek to protect materialmen by ensuring they are paid for supplying labor and materials; however, one aspect of their design leaves lien claimants vulnerable to losing out completely. In contrast to other states, like Virginia, Maryland’s delayed process for a contractor to establish a lien, in some situations can destroy the contractor’s right to claim a lien altogether and can leave the contractor without a remedy for the unpaid services and materials it provided. Mechanic's lien… Read More