Cargo theft is on the rise. Between 2021 and 2024, cargo theft incidents increased more than 90%. In 2025, cargo theft cost the freight industry nearly $725 million. It is well known that the cargo theft industry has shifted from a small family operation into an industry dominated by organized crime. This has resulted in more focused thefts of high-value cargo. In fact, the average theft value was $273,990 in 2025. Unfortunately, there is no indication that the amount of… Read More

The American Transportation Research Institute (ATRI) released its 2025 report, Trucking Litigation: A Forensic Analysis, in December, and the findings underscore litigation trends that should command the attention of motor carriers and captive insurers alike. Litigation Is a Sustained Operational Risk ATRI analyzed thousands of state and federal tort cases filed between 2019 and 2024. In 2022 alone, 12,817 trucking-related cases were filed in state courts. The data confirms that elevated litigation levels are not a temporary spike—they represent a… Read More

As noted in previous Setliff Law articles (May, September, and October), Congress has seen renewed efforts to strengthen enforcement of the long-standing federal requirement that commercial driver’s license (CDL) holders must speak and understand English. This push aligns with broader concerns about non-fluent drivers, amplified by the Trump administration’s focus on deporting illegal immigrants and several high-profile commercial vehicle accidents involving immigrant drivers—where immigration status was sometimes blamed, rightly or not. On January 30, 2026, the Florida Department of Highway… Read More

Many small business owners assume operating agreements are only for large companies or companies with multiple owners or that state laws provide default rules that are “good enough.” In reality, an operating agreement is one of the most important documents a business can have, regardless of size. An operating agreement is not just a formality. It is the rulebook for how your business operates, how decisions are made, and what happens when something goes wrong. Without one, you are leaving… Read More

Winter can be costly—not only because of higher utility bills, but also because of increased legal risk. For most of us, winter brings heating expenses, cold mornings, and occasional power outages. For business owners, however, it can also bring a heightened exposure to liability. The same customer traffic that drives revenue can create the potential for injuries when snow and ice are involved, turning every footstep into a possible slip-and-fall claim. Understanding Premises Liability Premises liability is the legal principle… Read More

FMCSA Issues Final Rule Changing Framework for Non-Domiciled Commercial Drivers Licenses; Final Rule, like Interim Final Rule, Is Subject to Legal Challenges Last September, the Federal Motor Carrier Safety Administration (FMCSA) issued an interim final rule that made significant changes to the regulations that govern non-domiciled Commercial Drivers Licenses (CDLs), which are CDLs issued to individuals whose primary residence is outside the U.S. but who are lawfully present in the U.S. under an employment authorization. Those changes included new requirements… Read More

Accidents are stressful. Insurance claims can feel overwhelming. Lawsuits often add time, expense, and uncertainty to an already difficult situation. In some cases, there is another way forward. Mediation offers an opportunity to resolve disputes without the delays and costs that often accompany litigation. Mediation is a voluntary process in which the parties meet with a neutral third party—the mediator—to try to reach a resolution. The mediator does not decide the case or determine who is right or wrong. Instead,… Read More

In 2025, the Virginia General Assembly passed House Bill 1725 (HB1725), known as the Medical Debt Protection Act (“the Act”), which was signed into law by Governor Glenn Younkin and codified as Chapter 59 of Title 59.1 in the Code of Virginia. This legislation aims to shield patients from aggressive and burdensome medical debt collection practices, particularly from large health care facilities and medical debt buyers. The Act takes effect on July 1, 2026. Key Provisions of the Act The… Read More