Discovery serves an important role in litigation. The purpose of discovery is to clarify the issues between the parties, ascertain facts relative to those issues and obtain the fullest possible knowledge of the facts and issues before trial. Indeed, whether circumstances tend to lend credence to a favorable settlement or a trial, utilizing effective discovery techniques can generate valuable leverage in any case. Among the tools an attorney may employ in pursuit of facts are requests for admissions, written interrogatories,… Read More

"Never write if you can speak, never speak if you can nod, never nod if you can wink." —Attributed to the 19th century Boston political boss Martin Lomasney. The words of 19th-century Boston political boss Martin Lomasney have never rung truer than in today’s modern age of email communications. More than ever, the words we type in daily emails run the risk of eventually becoming available for public consumption. Beyond the embarrassment and bad press, lies the potential for such… Read More

Governor Northam announced at a press conference yesterday that he supports the plan to impose tolls on I-81 to fund $2.2 billion in improvements along the corridor. The legislation will be patroned by Senators Mark Obenshain (R-Rockingham County) and Bill Carrico (R-Grayson County) and Delegates Steve Landes (R-Augusta County) and Terry Austin (R-Botetourt County). Click here to read the Governor’s press release. The press conference was short on details and the legislation is not yet available to determine exactly what… Read More

In the last election, Connecticut voters selected Democrat Ned Lamont to be their next governor. During the campaign, Lamont highlighted truck-only tolling as a way to raise needed revenue for the state. Recently, Lamont has reaffirmed his commitment to explore truck-only tolling in Connecticut. Lamont appears to be inspired by the neighboring state of Rhode Island, which only just began implementing its truck-only tolling program. The governor of Rhode Island, Gina Raimondo, is a champion of the truck-only tolling plan,… Read More

While nearly all motor carriers subject to the federal electronic logging device (ELD) mandate have complied with the industry-shaking regulation, a large portion of these carriers have complied using automated onboard recording devices (AOBRDs). Specifically, the final rule mandating ELDs allowed for AORBDs to be grandfathered in and used for an additional two years after the mandate went into effect, despite these devices not technically qualifying as ELDs due to software limitations, information sharing capabilities, lack of connection to the… Read More

The Virginia Trucking Association and the Safety & Human Resources Council will be hosting educational meetings in east and west locations. The topic for January is: ”The Employee Handbook: Why you need one and how it can protect you." Steve Setliff, partner and owner of Setliff Law, will discuss what should be included in an employee handbook and why it's so important to keep it up to date. In conjunction with this meeting, the VTA is making available to all… Read More

Assuming everyone is recovered from Thanksgiving, but now headed into the holidays, it seemed appropriate to provide a little light fare in this space. For your consideration, two freshly baked Virginia Comp. opinions: Whenever I am even CLOSE to a deadline, I put a backside in a car if I have to, in order to make sure I have physical delivery of whatever has to get wherever it has to go, on time. Southard v. JB Hunt Transport Services, Inc.,… Read More

A few months back, in an article titled, Americans Like Big Trucks and We Cannot Lie, we discussed the dichotomy between the American tendency to buy large passenger vehicles and the pressure on the auto industry to meet ever more stringent fuel economy standards. While passenger vehicle fuel economy ratings may get plenty of press coverage due to their inherent marketability, passenger vehicles do not enjoy an exclusive license over American roadways. There are an estimated 15.5 million medium-heavy duty… Read More