Sure, there are a lot of dangerous occupations, (i.e., logging, roofing, and construction). However, the transportation industry remains one of the most common and deadliest occupations according to a 2019 study by the Bureau of Labor and the latest federal data on workplace deaths. With increased reliance on the trucking industry to meet heightened demands due to the rise of online shopping and meeting COVID-19 needs, more truckers on the road could contribute to higher incident rates and driver deaths.… Read More

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 claim privilege without us…but I digress. ) When the first notice of a loss is called in, it is often followed by a panic and… Read More

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 him to disclose the COVID-test results of his family members. This matter arose in late March of 2020, when the Plaintiff, Christopher Wells, was contacted… Read More

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 of working with a small, dedicated group of attorneys and historians that formed the now defunct Office of Special Investigations or “OSI.” The sole purpose of… Read More

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 the plaintiff’s decedent fell was open and obvious and, therefore, not actionable. This decision adds to a growing body of precedent in Maryland holding that… Read More

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 to current spikes in COVID-19 cases. Most recently, a judge in the Eastern District of Texas (Sherman, Texas) paused a federal multiple day jury trial… Read More

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 modern technology has made recording easier than ever. In defense and claims work, recorded statements are often used early in claims to capture a potential… Read More

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 employee who refuses a Covid-19 vaccine from the workplace. The EEOC released answers to various questions regarding the workplace and Covid-19 vaccines, summarized below: Is… Read More