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Congratulations, History Maker!

My grandmother made a great Sunday roast; in fact, her potatoes became a benchmark for the multigenerational cooks in my family – “Eh, they are good potatoes, but they’re just not ‘nanny potatoes.’” Great bragging rights. Or so I thought. Take a step back, sit down and read on about grandmother bragging rights. Jason Mackey, […]

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Impracticable Cloak: COVID-19 defenses to commercial lease enforcement

“Where, after a contract is made, a party’s performance is made impracticable without his fault by the occurrence of an event the non-occurrence of which was a basic assumption on which the contract was made, his duty to render that performance is discharged, unless the language or the circumstances indicate the contrary.” Restatement (Second) of […]

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Return-to-work mandatory-vaccine policies

As workers return to their places of employment, employers must be aware of the pitfalls surrounding mandating COVID-19 vaccines for those returning workers. Employers who adopt such a policy need to understand the obligations that the Americans with Disabilities Act (“the ADA”) imposes on employers. This article will discuss one such obligation: under the ADA, […]

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Taming the Asphalt Pirates: How Trucking Companies and their Insurers can Fight Back against Fraudulent Towing Charges

  When a problem gets bad enough that insurers and insureds begin to combine their resources to combat it, people take notice.   That was the case on April 5, 2021, when the American Trucking Association (ATA), the American Property Casualty Insurance Association (APCIA), and the Coalition Against Insurance Fraud (CAIF) made headlines by announcing […]

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The Battered Bastards of Antitrust Law

 If you like a good baseball movie (that coincidentally raises interesting legal issues), The Battered Bastards of Baseball is well worth watching. It is a 2014 documentary that tells the story of how Bing Russell created the only independent baseball team in America at that time in 1973. Bing Russell was a former ball player turned Hollywood actor (best […]

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Understanding the Virginia Consumer Data Protection Act

  On March 2, 2021, Governor Ralph Northam signed the Virginia Consumer Data Protection Act (“VCDPA”) into law, making Virginia the second state to pass comprehensive data privacy legislation. While this law does not take effect until January of 2023, let’s take a look at the basics of the act in order to prepare ourselves […]

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The Time is Now: Predatory Towing – Is There a Fix? Part II

Predatory towing and excessive post-accident invoices are hot topics for many motor carriers in Virginia. This article will serve as a follow-up to Predatory Towing -Is There a Fix?, and will discuss recent efforts in Virginia to attempt to curb “predatory, aggressively overreaching, and illegal” towing practices, while also discussing potential solutions.  The Virginia Trucking […]

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The Importance of Due Diligence and Looking Under Every Rock

I believe in big picture explanations. Understanding the broad picture helps understand why the details are important.  It helps see where the puzzle pieces fit and why they are necessary. If a person does not understand why something is necessary, it is much easier to rebel against the directive. For instance, if you tell a […]

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Impact of Virginia’s New Marijuana Laws on Motor Carriers

VTA Safety & HR Council Presents: Impact of Virginia’s New Marijuana Laws on Motor Carriers Thursday, June 3, 2021 2:00 – 3:30 p.m. With updated laws taking effect July 1, 2021, Steve Setliff of Setliff Law and Kim Claytor of Nationwide Testing Association, Inc. will guide you through what you need to know so you can […]

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Predatory Towing -Is There a Fix?

According to a survey by The American Trucking Associations, truckers in some states are experiencing a rise in excessive overages for non-consensual or “predatory” tows following the scene of a crash. These predatory practices wreak havoc on motor carries and insurance companies who are responsible for paying these outrageous towing and storage charges. Since there […]

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