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…
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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…
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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…
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When a new injury claim comes in from the jobsite, the first question that should be asked is simple: what happened? The answer is usually a simple retelling of how someone managed to injure themselves. They dropped a cinderblock; their glove got caught in something it probably shouldn’t have been near; a piece of debris fell from above; or even “I just turned to get in the vehicle.” All of these can be a prelude to what may be a…
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For many of us, the last couple of years have seen significant changes that have caused a shift in how we have decided to shop for homes. Many employers are moving towards remote work for increased productivity and overhead cost savings, leading many employees to trade in their commute friendly home for something larger, albeit more distant. As businesses closed their doors, former employees found themselves moving to new locations for work. Those who were also hit economically ended up…
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The Americans with Disabilities Act (ADA) became law in 1990 and prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunication. The ADA protects individuals who themselves have disabilities or those who have a relationship or association with an individual with a disability. As defined by the ADA, an individual with a disability is someone with a physical or mental impairment that substantially limits one or more major life activities,…
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If you are a member of a company in any industry, you likely have an online presence. The value and positive impact of a commercial website is critical and necessary today. Your website represents you, putting forward the image you want customers and employees to have of your company. You may have spent a great deal of time and money making sure it looks and functions just the way you want. Even so, you may still be at risk for…
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One of the few successes that the trucking industry has enjoyed in recent years in its continuing effort to curtail the piratical practices of towing companies came in the most recent General Assembly session. The legislature passed, and the Governor signed, Senate Bill 705, which creates a new statute, Code section 46.2-1217.1. The statute becomes effective on July 1, 2022, and will provide: On any invoice charging $10,000 or more for towing and recovery services rendered pursuant to a lawful…
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In my last article, I discussed unexpected overtime liability for transportation companies under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 203 et. seq for non-exempt drivers. As a reminder, companies are generally required to pay non-exempt employees time-and-a-half, or 1.5 times their normal wage, for hours worked beyond 40 in a week. Although there are a number of exemptions to this requirement, the regulations involving trucking companies are particularly opaque and variable. If feasible, the safest way of…
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