Transportation companies are required to take all reasonable steps to ensure they are hiring only safe, competent drivers. Having a robust pre-employment program to screen applicants and to document the process helps avoid potential liability associated with negligent hiring of drivers. For carriers, negligent hiring liability generally turns on whether the employer knew or should have known of a driver's unfitness. A trucking company has a duty to hire and retain drivers who are competent and fit to perform the…
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Join the Virginia Trucking Association and Stephen Setliff, partner and owner, Setliff Law, for a webinar on how the broker liability landscape has been transformed. A unanimous U.S. Supreme Court decision has dramatically expanded potential liability for freight brokers, allowing negligent hiring claims to proceed when accidents involve motor carriers they selected. The ruling is expected to reshape carrier vetting practices, insurance requirements, and risk management throughout the transportation industry. Join the Virginia Trucking Association and Steve Setliff for an…
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The Constitution grants the federal government the exclusive authority to regulate international and interstate commerce. International commerce is easy to define: trade with another country. What is more difficult to define is the distinction between interstate and intrastate commerce. The plain meaning of the text suggests that interstate commerce is commerce that crosses state lines. However, that straightforward definition has not been applicable since the 1930s. You may wonder why regulating trade between the states is such a significant issue.…
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Dear Clients and Friends, This year marks an exciting milestone for Setliff Law as we celebrate 20 years of serving our clients and community. Over the past two decades, we have had the privilege of standing beside individuals, families, and businesses through some of life’s most important moments and challenges. We are deeply grateful for the trust our clients have placed in us throughout the years. What began as a vision to provide dedicated, client-focused legal representation has grown into…
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Artificial intelligence is no longer a futuristic concept in the construction industry. In 2026, AI-assisted design tools are increasingly being used to generate floor plans, optimize building layouts, identify code conflicts, estimate materials, coordinate subcontractor scheduling, and detect design clashes before construction begins. While these technologies promise enormous gains in efficiency and cost reduction, they also create significant legal questions regarding liability when something goes wrong. Traditionally, responsibility for design defects has been relatively straightforward. Architects and engineers owe a…
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On May 7, 2026, the Federal Motor Carrier Safety Administration (FMCSA) removed two programs—Safe ELD and MYLOGS ELD—from the agency’s list of registered electronic logging devices (ELDs). These devices are now included on the revoked devices list due to failures to meet the minimum requirements set forth in Appendix A to 49 CFR Part 395, Subpart B. According to the FMCSA’s release, motor carriers have up to 60 days to replace the revoked ELDs with compliant devices. Carriers currently using…
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Setliff Law is pleased to announce that the Supreme Court of Virginia has denied a request to review a decision by the Virginia Court of Appeals that found entirely in favor of its client in a significant tax dispute. The case, Underwood Logging, LLC d/b/a Underwood Logging v. County of Franklin, Virginia, arose from a dispute regarding Franklin County’s tax assessments for Underwood Logging’s forestry equipment. The decision by the Supreme Court of Virginia brings the lawsuit, which has been…
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On May 14, 2026, the U.S. Supreme Court in a unanimous decision answered the long-awaited question: Can freight brokers be held liable for accidents caused by the motor carriers they hire. The answer is a resounding YES. THE LAW The debate centers on the Federal Aviation Administration Authorization Act (FAAAA), enacted in 1994 to prevent states from enforcing laws that interfere with the prices, routes, or services of carriers and brokers in interstate commerce (49 U.S.C. § 14501). But the…
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The transportation sector, particularly trucking, continues to face heightened scrutiny and escalating risks in 2026. Rising claim severity, evolving federal regulations, the push toward autonomous technologies, and persistent workforce challenges are creating a complex liability landscape for carriers operating in Virginia, Maryland, DC, and beyond. For companies in this space, proactive risk management is no longer optional—it's essential to protecting operations, drivers, and the bottom line. Surging Traumatic Injury Claims and Nuclear Verdicts Commercial trucking incidents often result in severe,…
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Setliff Law is proud to announce that two of its attorneys have been recognized in the 2026 Virginia Super Lawyers rankings, an honor reserved for a select group of attorneys demonstrating exceptional professional achievement and peer recognition. Steve Setliff, partner and owner of Setliff Law, has once again been named to the Virginia Super Lawyers list in the practice area of Transportation/Maritime, reflecting his longstanding leadership and experience representing clients in complex transportation and logistics matters. His work continues to…
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