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Assignments for the Benefit of Creditors (“ABCs”) are state law alternatives to bankruptcy that trace their roots back to English common law. ABCs are used frequently in some states, such as California, Florida, and Illinois, and infrequently or rarely in other states, including Virginia. While similar to Chapter 7 bankruptcy proceedings, ABCs must be approached with care due to the lack of formality that governs the administration of the assignor’s assets. What is an ABC? In concept, a corporate ABC…
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Possession and use of marijuana has been legal in Virginia for the last year, and yet, the status is still subject to strange standards and potentially striking penalties. As many may recall, back in 2021, the possession of marijuana was largely decriminalized; making it legal to possess a small amount for personal use, and even making it legal to give to other adults and grow your own plants. However, around the same time as all of these laws coming into…
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The need to have your vehicle towed is rarely a pleasant experience and always an expensive one. Even an honest towing company’s invoice can be an inconvenient and sometimes distressing expense. Towing fees, and the laws that govern the towing industry, typically are not conversational topics at social events or around the dinner table, and in fact, such subjects may not ever cross one’s mind until faced with a towing need, followed by an unwelcome invoice. Yet, a 2018 survey…
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In the ongoing struggle between the trucking industry and the towing industry in Virginia over excessive towing and recovery bills, a state Supreme Court decision from 2020 has begun to figure heavily into the debate of which charges are, and are not, recoverable by a towing company. That one decision, T. Musgrove Construction Company v. Young, 840 S.E.2d 337 (Va. 2020), looms particularly large in the legal landscape, as it is, to date, the Supreme Court of Virginia’s only decision…
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It has been a long week and you’re back home taking some well-deserved time off from work. Your home state has legalized the recreational use of marijuana; so, when a friend offers you some to relax one evening you try it. Or maybe you try a CBD drink, gummy, or another hemp derivative product you bought at a local store because the advertisements say they can help you sleep without any psychoactive effects. Unfortunately, many truck drivers across the country…
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On Friday, August 19, 2022, a jury in Georgia awarded $1.7 billion in punitive damages to the children of two parents who were killed when their 2002 Ford F-250 rolled over. The day before, the same jury had awarded $24 million in compensatory damages. In the legal profession, this is known as a “nuclear verdict” – an award that is significantly disproportionate to what would be expected given the economic damages in the case. Even though Ford plans to appeal,…
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The United States Supreme Court has recently declined to hear an appeal from the Ninth Circuit holding that a freight broker may be held liable for injuries caused in an accident where the broker allegedly negligently selected an unsafe motor carrier. Miller v. C.H. Robinson Worldwide, Inc., 976 F.3d 1016 (9th Cir. 2020), cert. denied. This denial leaves open the strong possibility of new avenues of attack for plaintiffs and new potential liabilities for defendants. The facts in Miller are…
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The United States Supreme Court’s recent decision not to hear the California Trucking Association’s request for review of the U.S. Court of Appeals for the 9th Circuit’s decision in CTA v. Bonta—which upheld California’s AB5 law governing the use of independent contractors— is going to have incredibly broad sweeping ramifications for the trucking industry as a whole, as well as further exacerbate the nation’s already tenuous supply chain shortage. Not only will this decision affect trucking companies that have their…
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