Drivers understand that even a thin layer of black ice can be more dangerous than several inches of snow. The Fourth Circuit’s recent decision in Brown v. Wal-Mart Stores E., LP, No. 24-1102, 2025 U.S. App. LEXIS 13655 (4th Cir. June 4, 2025), underscores that businesses, too, must remain alert to the hazards posed by black ice. In Brown, the United States Court of Appeals for the Fourth Circuit reversed an order granting summary judgment to Wal-Mart on claims arising…
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In Memoriam: Kathleen M. Smith With profound sadness, we announce the passing of our colleague and friend, Kathleen M. Smith, on June 13, 2025. Kathleen was a valued member of Setliff Law, recognized for her dedication, professionalism, and tireless advocacy for our clients. Since joining the firm in 2024, she made significant contributions to our team and the community we serve. Her presence will be deeply missed by all who had the privilege of working with her. Sincerely, Setliff Law
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Free Webinar: Defend Your Company Effectively! Join Stephen Setliff, partner and owner, Setliff Law, for a webinar on the importance of hiring and retention standards and their impact on your ability to defend your company against claims in a lawsuit. Wednesday, July 9, 10:00 a.m. Central Time, 11:00 a.m. Eastern Time. Register here
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After our last article on Hazardous Materials, we received a few questions about whether diesel fuel is subject to hazardous material regulations (HMR). We thought it might be helpful to discuss how diesel falls within HMR. Class 3 vs. Class 4 Diesel is listed on the Hazardous Materials Table (49 CFR 172). But diesel's classification is not stagnate. Sometimes, diesel is a class 3 material and sometimes it is a class 4 material. Which category your diesel falls within is…
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We’ve all seen the movie or at the very least heard of it. Claymore swords and kilts vs. mounted knights in armor. Blue face paint, bagpipes, and nudity vs. stuffy English villains in large castles. The age-old tale of the fight for freedom against a seemingly invincible oppressor. Mel Gibson butchering a Scottish accent. The movie “Braveheart” has reached levels of fame that put the film into the category of commonplace and most viewers assume, understandably so, that the facts…
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On April 28, 2025, a new Executive Order directed the Federal Motor Carrier Safety Administration (FMCSA) to issue updated guidance on English language proficiency requirements for commercial drivers. The order seeks to clarify what it means for drivers to have a “sufficient” command of English and introduces potential enforcement mechanisms for situations where that standard is not met. This development could have notable implications for commercial drivers, motor carriers, and enforcement agencies. Current Legal Framework Under federal regulations, individuals holding…
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A general reputation of lawyers in the United States is that we are greedy and will lie to make money; the stereotype is an ambulance-chasing attorney making money off an individual’s injury or even the death of a loved one. Driving across this beautiful country, you will see the highways lined with hundreds of billboards advertising for lawyers, trying to be as memorable as possible, and each appearing to outdo the next by how aggressive they are in getting you…
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It probably is safe to say that most drivers have felt the frustration of searching for a parking spot in a crowded lot, circling endlessly until a space finally becomes available. Now imagine that frustration amplified—you're on a tight schedule, required to park, but there are no open spaces and ten other people are already waiting ahead of you. This is similar to what commercial truck drivers across the United States regularly experience. Federal law limits the time truck drivers…
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Recently, the United States Supreme Court made a significant ruling regarding a truck driver who tested positive for marijuana after using CBD oil. Many articles rushed to report in bold headlines that the Supreme Court sided with a driver who used CBD oil. However, the issue at hand is more complex than the headlines suggest. As of now, this case does not alter how trucking companies handle drug and alcohol regulations. On April 2, 2025, the United States Supreme Court…
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Cargo claims are a critical part of the transportation and logistics industry, providing a legal remedy when goods are lost or damaged during shipment. While it might seem like a straightforward matter of responsibility, cargo claims involve a complex mix of federal law, contracts, documentation, and legal procedure. Understanding the fundamentals of how cargo claims work—who can file them, who can be held liable, and how to prove damages—is essential for carriers, shippers, and intermediaries alike. What Is a Cargo…
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