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In a victory for the U.S. Department of Transportation (DOT), and in accordance with the wishes of the American Trucking Association (ATA), the U.S. Supreme Court announced it will not hear a lawsuit challenging a DOT rule requiring truck operators to use electronic logging devices (ELDs) to track hours of service. This means the ELD mandate will remain in place, as will its December 18 compliance deadline. The lawsuit, spearheaded by the Owner-Operator Independent Drivers Association (OOIDA), claimed the ELD… Read More

Richmond, Va. - American Trucking Associations and ATA's Share the Road highway safety program are urging Memorial Day travelers to focus on safe driving habits throughout the busy holiday weekend. AAA projects nearly 1.1 million Virginians are expected to travel for the Memorial Day holiday weekend. Nationwide, more than 39.3 million Americans will travel for the holiday. "The fallen heroes who fought for our freedom served so that we could enjoy the comforts and safety of life in America, including… Read More

Setliff Law is pleased to congratulate three attorneys selected to the 2017 Virginia Super Lawyers list. C. Stephen Setliff and Gregory F. Holland were selected in the practice area of Transportation and Maritime Law, and John K. Burke Jr., was selected in the practice area of Business Litigation. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers is a rating service… Read More

The Virginia Trucking Association presented its 2017 Safety Awards on April 25 during its Annual VTA Safety and Human Resources Conference, held at the Stonewall Jackson Hotel in Staunton, VA. The safety awards are generously sponsored by Nansemond Insurance Agency of Suffolk, VA. J.D. Newman, Inc. of Elkwood, VA was presented the 2017 Grand Trophy for Fleet Safety in Virginia. This award is presented to the company that was judged to have had the state's most effective motor carrier safety… Read More

Congratulations to Steve Setliff on his recent induction into the National Truck and Heavy Equipment Claims Council, or NTHECC. Mr. Setliff was inducted into the council at the Spring 2017 meeting in Dallas, Texas. He was there to deliver a presentation on the topic, “Handling the Catastrophic Trucking Accident: Investigation and Claim Defense.” Mr. Setliff and his team of attorneys at Setliff Law have extensive experience representing trucking companies, their insurers and their drivers in a wide variety of claims,… Read More

The VTA and its Safety Management & Human Resources Council will host the 2017 Safety & Human Resources Conference April 25 - 26 at the Stonewall Jackson Hotel & Conference Center in Staunton, VA. The conference offers a unique opportunity to network with other safety professionals and learn valuable ideas about how to improve safety in your company. A team from Setliff Law will present a mock investigation and trial of a serious truck accident. We hope you will review… Read More

Our industry is under attack nationally from the way motor carriers are classifying drivers. First, “statutory employee” rules made trucking companies liable for negligent drivers regardless of whether the drivers are actually independent contractors. Federal Motor Carrier Safety Regulations, 49 C.F.R. § 390.5, eliminates the distinction between “independent contractors” and “employees” for liability purposes. This means that motor carriers can no longer escape liability even when properly employing independent contractor services. Now, the plaintiffs’ bar, federal government and individual states… Read More

The Americans with Disabilities Act (“ADA”) prevents an employer from discriminating against a disabled worker who can, with or without reasonable accommodation, perform the essential functions of the relevant job. The employer must reasonably accommodate the disability unless the accommodation would impose an undue hardship. Leon Laferriere is a military veteran with PTSD. His psychiatrist prescribed using a service dog to control anxiety. He applied for a job at a trucking company, telling his potential employer that he used a… Read More