On Wednesday, October 28, 2018, President Trump signed into law the SUPPORT for Patients and Communities Act (“the Act”). The Act, which passed both Houses of Congress with near-unanimous bipartisan votes (99 to 1 in the Senate, 396-14 in the House), directs the Secretary of Health and Human Services to submit an estimated date for his final scientific and technical guidelines for hair follicle drug testing. The testing would be used for Federal Motor Carrier Safety Administration (“FMCSA”) drug testing…
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The U.S. Supreme Court has been in the news a lot lately, but, now that the calendar has turned to the fall, the Justices are back to work. In fact, one of the first cases to be heard at oral argument in this new term could have significant effects on the transportation industry. On October 3, 2018, the Supreme Court heard oral arguments in the case of New Prime, Inc. v. Oliveira. Generally, this case concerns how the Federal Arbitration…
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“Active Cruise Control with Stop & Go,” “Super Cruise,” “Lane-Centering Steering,” “Eyesight,” “Traffic-Aware Cruise Control.” Ready or not, autonomous vehicle technology has arrived. Just in time too, because as it turns out, statistics demonstrate that humans are fallible creatures. According to the US Department of Transportation, 94% of automobile crashes can be traced back to driver error. Never fear, technology is here. Today’s cars can “see,” accelerate, stop, park, stay in their designated lanes and even make lane changes without…
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Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence. President John Adams, 1770 John Adams made that statement during his successful defense of British soldiers. Today, “facts and evidence” are being established by something that may be sitting on a plaintiff’s wrist right now. The health data from wearable technology devices, such as Fitbit, Garmin or Apple Watch can offer a goldmine…
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Setliff Law would like to congratulate the following attorneys for being selected by their peers for inclusion in the 2019 Edition of The Best Lawyers in America. C. Stephen Setliff: Transportation Law Mass Tort Litigation/Class Actions - Defendants Personal Injury Litigation - Defendants Railroad Law Brickford Y. Brown: Mass Tort Litigation/Class Actions - Defendants Product Liability Litigation - Defendants Gregory F. Holland: Insurance Law Mass Tort Litigation/Class Actions - Defendants Personal Injury Litigation - Defendants Personal Injury Litigation - Plaintiffs…
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As the name suggests, a gross receipts tax (“GRT”) is a tax on business receipts rather than business income. Typically, it is imposed on all business sales and allows few or no deductions—and may be used against out-of-state businesses with even a de minimis nexus to the state issuing GRT tax bills. A GRT by any other name is still a gross receipts tax (“GRT”)– and it goes by a number of different names in the various states that have…
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Recently, a jury in Gilmer, Texas awarded a plaintiff a $101 million verdict following a personal injury trial in what is being considered the largest verdict ever awarded for an accident involving a tractor-trailer. The massive verdict, of which roughly $75 million was for punitive damages, was assessed against FTS International (“FTS”), an oil services company that carries sand and other fracking materials. The primary causes of action in which the plaintiff was awarded the verdict was FTS’s negligent hiring…
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As he enters his third year as chief executive of the American Trucking Associations (“ATA”), Chris Spear is focused on the top issues facing the trucking industry. Spear pinpoints five main issues that face the trucking industry: driver shortage, productivity, infrastructure, safety technology, and tariffs. To address driver shortage, Spear proposes changing federal regulations to allow interstate truck driving by those aged 18 years or older. Spear says he was influenced by a trip to the aircraft carrier, the U.S.S.…
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Setliff Law is pleased to announce that Tom Moran has been appointed chair of the firm’s construction law group. Mr. Moran has 10 years’ experience in the construction law field, and since joining Setliff Law in 2015, his leadership qualities and client focused approach have created a foundation upon which others at the firm can build. With Mr. Moran heading up this practice group, clients are assured he and the other members of the group will continue to provide exceptional…
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In this case the plaintiff filed a complaint against a trucking company and its driver for recovery for alleged personal injuries and loss of consortium (damages suffered by the spouse or family member of a person who has been injured or killed as a result of the defendant's negligent or intentional, or otherwise wrongful acts) arising from an accident in Allegany County, Maryland on April 3, 2015. In addition to a claim for respondeat superior (when a party is responsible…
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