Why Summary Judgment Is Difficult to Obtain in Virginia In the course of litigation, there often comes a point (usually after months of discovery,depositions, and document review) when one party believes there is no genuine dispute of material fact and seeks to resolve the matter without a trial. In many jurisdictions, summary judgment provides a mechanism to do just that. In Virginia, however, that path is notably narrow. While the concept may seem straightforward, the procedural and evidentiary standards applied…
Read More
Employers should be aware of their rights and obligations when Immigration and Customs Enforcement (ICE) arrives at the workplace—whether for an audit, a raid, or to detain specific individuals. One of the most important tools in immigration compliance is the Form I-9, which verifies an employee’s identity and authorization to work in the United States. Mandated by the Immigration Reform and Control Act of 1986, this form must be completed by all new hires and retained by the employer for…
Read More
Drivers understand that even a thin layer of black ice can be more dangerous than several inches of snow. The Fourth Circuit’s recent decision in Brown v. Wal-Mart Stores E., LP, No. 24-1102, 2025 U.S. App. LEXIS 13655 (4th Cir. June 4, 2025), underscores that businesses, too, must remain alert to the hazards posed by black ice. In Brown, the United States Court of Appeals for the Fourth Circuit reversed an order granting summary judgment to Wal-Mart on claims arising…
Read More
In Memoriam: Kathleen M. Smith With profound sadness, we announce the passing of our colleague and friend, Kathleen M. Smith, on June 13, 2025. Kathleen was a valued member of Setliff Law, recognized for her dedication, professionalism, and tireless advocacy for our clients. Since joining the firm in 2024, she made significant contributions to our team and the community we serve. Her presence will be deeply missed by all who had the privilege of working with her. Sincerely, Setliff Law
Read More
Free Webinar: Defend Your Company Effectively! Join Stephen Setliff, partner and owner, Setliff Law, for a webinar on the importance of hiring and retention standards and their impact on your ability to defend your company against claims in a lawsuit. Wednesday, July 9, 10:00 a.m. Central Time, 11:00 a.m. Eastern Time. Register here
Read More
After our last article on Hazardous Materials, we received a few questions about whether diesel fuel is subject to hazardous material regulations (HMR). We thought it might be helpful to discuss how diesel falls within HMR. Class 3 vs. Class 4 Diesel is listed on the Hazardous Materials Table (49 CFR 172). But diesel's classification is not stagnate. Sometimes, diesel is a class 3 material and sometimes it is a class 4 material. Which category your diesel falls within is…
Read More
We’ve all seen the movie or at the very least heard of it. Claymore swords and kilts vs. mounted knights in armor. Blue face paint, bagpipes, and nudity vs. stuffy English villains in large castles. The age-old tale of the fight for freedom against a seemingly invincible oppressor. Mel Gibson butchering a Scottish accent. The movie “Braveheart” has reached levels of fame that put the film into the category of commonplace and most viewers assume, understandably so, that the facts…
Read More
On April 28, 2025, a new Executive Order directed the Federal Motor Carrier Safety Administration (FMCSA) to issue updated guidance on English language proficiency requirements for commercial drivers. The order seeks to clarify what it means for drivers to have a “sufficient” command of English and introduces potential enforcement mechanisms for situations where that standard is not met. This development could have notable implications for commercial drivers, motor carriers, and enforcement agencies. Current Legal Framework Under federal regulations, individuals holding…
Read More
A general reputation of lawyers in the United States is that we are greedy and will lie to make money; the stereotype is an ambulance-chasing attorney making money off an individual’s injury or even the death of a loved one. Driving across this beautiful country, you will see the highways lined with hundreds of billboards advertising for lawyers, trying to be as memorable as possible, and each appearing to outdo the next by how aggressive they are in getting you…
Read More
It probably is safe to say that most drivers have felt the frustration of searching for a parking spot in a crowded lot, circling endlessly until a space finally becomes available. Now imagine that frustration amplified—you're on a tight schedule, required to park, but there are no open spaces and ten other people are already waiting ahead of you. This is similar to what commercial truck drivers across the United States regularly experience. Federal law limits the time truck drivers…
Read More