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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On February 27, 2026, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) that seeks to formally rescind the 2024 final rule regarding worker classification under the Fair Labor Standards Act (FLSA). The proposed rule would be an attempt to streamline the classification analysis by prioritizing two "core factors." The public comment period is open until April 28, 2026, and stakeholders should ensure their voices are heard by submitting data demonstrating whether the independent contractor model…
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Insurance fraud remains a significant and evolving problem. Recently, two New Orleans personal injury attorneys were convicted in federal court for their roles in an insurance fraud scheme involving staged accidents and unnecessary medical procedures designed to inflate claims. They were among 63 individuals charged by the federal government, which alleged the scheme operated from 2011 through 2024 and specifically targeted commercial trucking companies due to the substantial insurance coverage those companies are required to carry. While the trucking and…
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Have you ever finished a “quick call” with your attorney and felt like you needed just a bit more clarification? Something stronger than Google—but not quite worth another call? So what’s the next logical step? Ask AI. At least, that’s what the recent publicity push would have you believe. (Click here to read our recent article on the status of AI litigation in Virginia.) It seems simple enough. Take what your lawyer said, paste it into ChatGPT, Copilot, Claude—or whatever…
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A deepfake is artificial media (images and/or video) created by using deep learning AI to replace one person’s likeness or voice with another’s. It manipulates existing footage or generates new content to create images that appear very real, but are not. It doesn’t take much mind-wandering to understand how this could go utterly wrong and create defamatory content: suddenly, AI can produce video of your fellow employee confessing to stealing office supplies; your grandmother becomes a kung-fu fighting champion and…
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Technology has become a core part of modern fleet operations. Electronic Logging Devices (ELDs), dash cameras, GPS tracking, and telematics platforms help carriers meet federal requirements, improve safety, and manage drivers more efficiently. But in litigation and enforcement actions, that same data can quickly shift from a compliance asset to a liability exposure. Transportation companies need to understand how regulators, plaintiffs’ attorneys, and courts are increasingly using technology-generated data—and what steps carriers should take now to protect themselves. When Helpful…
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