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A few months back, in an article titled, Americans Like Big Trucks and We Cannot Lie, we discussed the dichotomy between the American tendency to buy large passenger vehicles and the pressure on the auto industry to meet ever more stringent fuel economy standards. While passenger vehicle fuel economy ratings may get plenty of press coverage due to their inherent marketability, passenger vehicles do not enjoy an exclusive license over American roadways. There are an estimated 15.5 million medium-heavy duty… Read More

On Oct. 11, 2018, the Virginia Supreme Court extended the duty of care owed by an employer beyond just employees to any family members or third parties who may be affected by the employer’s action. In a 4-3 decision, the court ruled in Quisenberry v. Huntington Ingalls, Inc. that if an employer knew or should have known that an employee’s clothing dusted with asbestos could be handled by others, the employer owed a duty of care to those other people.… Read More

On Wednesday, October 28, 2018, President Trump signed into law the SUPPORT for Patients and Communities Act (“the Act”). The Act, which passed both Houses of Congress with near-unanimous bipartisan votes (99 to 1 in the Senate, 396-14 in the House), directs the Secretary of Health and Human Services to submit an estimated date for his final scientific and technical guidelines for hair follicle drug testing. The testing would be used for Federal Motor Carrier Safety Administration (“FMCSA”) drug testing… Read More

The U.S. Supreme Court has been in the news a lot lately, but, now that the calendar has turned to the fall, the Justices are back to work. In fact, one of the first cases to be heard at oral argument in this new term could have significant effects on the transportation industry. On October 3, 2018, the Supreme Court heard oral arguments in the case of New Prime, Inc. v. Oliveira. Generally, this case concerns how the Federal Arbitration… Read More

“Active Cruise Control with Stop & Go,” “Super Cruise,” “Lane-Centering Steering,” “Eyesight,” “Traffic-Aware Cruise Control.” Ready or not, autonomous vehicle technology has arrived. Just in time too, because as it turns out, statistics demonstrate that humans are fallible creatures. According to the US Department of Transportation, 94% of automobile crashes can be traced back to driver error. Never fear, technology is here. Today’s cars can “see,” accelerate, stop, park, stay in their designated lanes and even make lane changes without… Read More

Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence. President John Adams, 1770 John Adams made that statement during his successful defense of British soldiers. Today, “facts and evidence” are being established by something that may be sitting on a plaintiff’s wrist right now. The health data from wearable technology devices, such as Fitbit, Garmin or Apple Watch can offer a goldmine… Read More

Setliff Law would like to congratulate the following attorneys for being selected by their peers for inclusion in the 2019 Edition of The Best Lawyers in America. C. Stephen Setliff: Transportation Law Mass Tort Litigation/Class Actions - Defendants Personal Injury Litigation - Defendants Railroad Law Brickford Y. Brown: Mass Tort Litigation/Class Actions - Defendants Product Liability Litigation - Defendants Gregory F. Holland: Insurance Law Mass Tort Litigation/Class Actions - Defendants Personal Injury Litigation - Defendants Personal Injury Litigation - Plaintiffs… Read More

As the name suggests, a gross receipts tax (“GRT”) is a tax on business receipts rather than business income. Typically, it is imposed on all business sales and allows few or no deductions—and may be used against out-of-state businesses with even a de minimis nexus to the state issuing GRT tax bills. A GRT by any other name is still a gross receipts tax (“GRT”)– and it goes by a number of different names in the various states that have… Read More