New tort reforms could help level the playing field for carriers facing runaway jury awards. Personal injury litigation in the trucking industry has become increasingly volatile. “Nuclear verdicts” — jury awards over $10 million — are hitting carriers at alarming rates, often assigning full fault to the party with the deepest pockets rather than the one truly responsible. In 2024 alone, there were 135 verdicts exceeding $10 million, a 116% jump from 2023, despite the industry’s continued improvements in safety.…
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As we have noted in previous articles, (May and September), there is renewed movement in Congress to strengthen enforcement of the long-standing federal requirement that holders of commercial driver’s licenses (CDLs) be able to speak and understand English. This requirement has been in place since 1936, but critics argue that enforcement has been inconsistent across the states. A bill recently introduced in the House of Representatives seeks to close that gap by requiring states to conduct English proficiency checks through…
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Setliff Law is pleased to welcome two attorneys to the firm. Caleb Setliff has officially passed the Virginia Bar Exam, and now joins the firm as an attorney. A graduate of Liberty University School of Law and James Madison University, Caleb has been part of the Setliff Law team for several years as a law clerk. His background in research, writing, and advocacy will further strengthen the firm’s work in transportation, business, and civil litigation matters. Ryan Keesee joins Setliff…
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It seems everything is getting more expensive these days, and insurance is no exception. Virginia, Maryland, and Washington, D.C. are seeing continued insurance rate increases across multiple sectors, driven by rising medical and vehicle repair costs, changing market conditions, and higher state-mandated liability coverage requirements. In Virginia, recent legislative changes have increased the state's required auto liability minimums to 50/100/25 for policies renewed or issued after January 1, 2025, one of the biggest factors pushing premiums upward. The increase is…
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A recent significant decision from the Virginia Court of Appeals addresses two key aspects of commercial lease disputes: the validity of acceleration of rent clauses; and, a commercial landlord’s duty to mitigate damages upon tenant abandonment. Bistro Manila LLC v. Alvah I LLC, 83 Va. App. 300 (2025) validates rent acceleration clauses as enforceable liquidated damages provisions, provided they include mechanisms to prevent over-recovery. The decision also supports the rights of commercial landlords in lease disputes by upholding longstanding Virginia…
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Background On June 23, 2025, U.S. Department of Agriculture (USDA) Secretary Brooke Rollins announced that the Department intends to rescind the 2001 Roadless Area Conservation Rule, commonly known as the “Roadless Rule.” USDA officials cited the Rule as overly restrictive and a risk to millions of acres of national forests. The Roadless Rule prohibits road construction, reconstruction, and timber harvesting on nearly 58.5 million acres of inventoried roadless areas within the National Forest System. When adopted in 2001, the Rule…
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When a liability claim is tendered, insurers are often required to step in and provide a defense before the full set of facts is available. At the outset of a lawsuit, the allegations may include both covered and uncovered theories of liability, the record may be incomplete, and policy exclusions or conditions may appear relevant but not yet proven. In these situations, the Reservation of Rights letter—commonly referred to as an ROR—is one of the insurer’s most important tools. By…
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Welcome to another edition of Setliff Law's attorney spotlights, where we conduct a Q&A with the firm's partners in order for you to get to know them better. Today's Partner Spotlight: Mitchell Goldstein Mitchell joined Setliff Law in 2022. He has more than 28 years of experience in business law, and a career dedicated to providing strategic legal counsel and advocating for clients in various business-related matters. . Since joining the firm, Mitchell has concentrated on business-related issues, representing clients…
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As we previously covered in a May post, on April 28, 2025, a new Executive Order directed the Federal Motor Carrier Safety Administration (FMCSA) to issue updated guidance on English language proficiency (ELP) requirements for commercial drivers. That Executive Order is now in effect. On May 20, 2025, U.S. Department of Transportation (DOT) Secretary Sean P. Duffy signed an order announcing new guidelines regarding English language enforcement for commercial truck operators. Under the new guidance, commercial motor vehicle (CMV) drivers…
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The Commerce Clause of the U.S. Constitution prohibits states from enacting laws that favor in-state commerce at the expense of interstate commerce. In practice, this means states cannot implement protectionist policies designed to benefit local businesses over out-of-state competitors. That principle was at the center of a recent case in Rhode Island, where a federal court struck down a tolling scheme that disproportionately affected out-of-state trucking companies. The RhodeWorks Tolling Program In 2016, Rhode Island passed the RhodeWorks law to…
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