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Marijuana Laws, Driving, and Liability

In May of 2020, the Commonwealth of Virginia decriminalized marijuana, reducing criminal penalties for possession of marijuana to civil offenses. This change in marijuana law comes just a few years after Virginia passed laws authorizing marijuana for medical use and establishing a licensing system for producers/processors in the Commonwealth. In early 2021, the Virginia legislature […]

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Virginia’s Unlawful Detainer Action: a unique tool in rent collection and eviction proceedings

Virginia has some of the most landlord-friendly eviction proceedings available in the nation. Virginia permits a landlord (either commercial or residential) to pursue eviction and past due rent in a single combined action filed in General District Court, known as an “Unlawful Detainer.” To understand the odd nature of an Unlawful Detainer action, understand that […]

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Lucky Strike: Tracking Virginia’s Approval and Licensing of Casinos and Sports Betting

In case you missed the news, Virginia is weighing potential locations for six casinos throughout the Commonwealth, including in Richmond – the first (legally authorized) casinos to ever be built in Virginia. Your first thought might be, “I thought casinos were in Vegas or on riverboats – when did gambling become legal here?” And no, this […]

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“Triggered” – or Not? Maryland’s Adoption of Pro Rata Allocation under the Continuous-Trigger Rule for Environmental Torts, and Virginia’s Open Playing Field for Determining Insurance “Trigger”

To say that environmental tort claims often (and perhaps usually) involve an irritant in the environment to which a plaintiff is exposed over a long period of time is hardly a remarkable insight – anyone who has ever dealt with claims of personal injury resulting from exposure to lead paint, asbestos, fuel leaks, radon gas, […]

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Federal Data Shows Trucking Remains One of America’s Deadliest Jobs

Sure, there are a lot of dangerous occupations, (i.e., logging, roofing, and construction). However, the transportation industry remains one of the most common and deadliest occupations according to a 2019 study by the Bureau of Labor and the latest federal data on workplace deaths.  With increased reliance on the trucking industry to meet heightened demands […]

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What to Say When the Stuff Hits The Fan

There is a certain rush as a trucking professional when you catch wind that an accident has occurred. I imagine this is similar to what first responders experience, though I would hardly put lawyers in that same category. (The jokes alone speak for themselves as to whether lawyers actually help anyone … but try to […]

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Plaintiff’s Claim Fails After Termination for Refusal of COVID Information Disclosure

On November 12, 2020, the United States District Court for the Eastern District of Virginia granted the Defendant’s Motion to Dismiss a claim based upon an accusation that the Plaintiff was wrongly terminated after failing to give COVID-related information. The Court held that the Plaintiff/Employee was not directed to violate HIPAA when the Defendant/Employer asked […]

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The United States of Amazon . . . In Google We Trust

When I was in law school I had the opportunity to clerk at the Department of Justice (“DOJ”).  It was an amazing once in a lifetime opportunity.  Back then, DOJ, in my humble opinion, was awe-inspiring, the sine qua non of the legal profession, the tip of the legal spear.   I had the privilege […]

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The “Obvious” Decision – Recent Maryland Law on Trip-and-Fall Claims

In a noteworthy recent decision, the defense team at Setliff Law was instrumental in winning summary judgment in the U.S. District Court for the District of Maryland in a trip-and-fall case against a large national retailer.  The court held in that case that under the undisputed facts, the alleged problem with the floor on which […]

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Federal Judge Pauses Jury Trial After Lawyer and Juror Test Positive for COVID-19

Many federal courts around the country are reimposing restrictions to protect the public as COVID-19 numbers continue to skyrocket. Many courts reopened amidst the pandemic with increased safety protocols in place, but now the Eastern District of Texas, among other U.S. district courts, have paused or postponed grand jury proceedings and jury trials to respond […]

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