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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… Read More

Summer camps offer children invaluable experiences: adventures, new friendships, and personal growth. A camp also offers childcare when school is out, allowing parents much needed room to address personal and workplace obligations. Although most summer camps run without incident, injuries can still happen—bringing with them a complex tangle of legal challenges to navigate. Please note that this article explores legal considerations for Virginia and the law may not be the same in your state. Summer camps have a lot of… Read More

They are often referred to as HAZMAT, but what are they really? You can find the official definition under 49 C.F.R. 105.5. You can also think about hazardous materials as including things such as flammable gases, toxic chemicals, radioactive materials, and other dangerous goods or materials. Drivers transporting these materials are held to strict federal and state regulations due to the heightened potential disasters in the wake of a spill or accident. Accidents involving hazardous materials can have far-reaching consequences… Read More

Setliff Law is pleased to announce that the Virginia Court of Appeals has affirmed an order dismissing a $3.5 million wrongful death claim against its clients. The case, Satterwhite, Administrator of the Estate of Jerry Dean Robbins v. Wilbourne Land and Timber, Inc., and Javier Salas-Zarate Francisco, arose from a workplace accident at a logging site in Mecklenburg County, Virginia. The case was dismissed when Circuit Court Judge Stephen Nelson sustained a plea in bar filed by Wilbourne Land and… Read More

It is easy to fall into the trap that every accident and injury that occurs at work is going to be a work-related injury. The Virginia Workers' Compensation Commission has repeatedly held that to prove an injury by accident, the evidence presented must demonstrate four things: "there must be an identifiable accident; the accident must occur at some reasonably definite time; an obvious sudden mechanical or structural change in the body; and a causal connection between the incident and bodily… Read More

Starting May 7, 2025, if you intend to fly domestically or access federal facilities, make sure that your driver’s license complies with the REAL ID Act. Enacted in 2005 as part of security reforms following the 9/11 terrorist attacks, the REAL ID Act was created to improve the security of identification documents. It establishes minimum standards for these documents to be accepted for certain federal purposes. You may have heard of this law back in 2008 when it was set… Read More

We’ve all been there - driving down the road late at night when suddenly, from nowhere, from FREAKING NOWHERE, lights. So many lights. Like enough lights that you can’t see anymore to pull over. Oh, also, sirens. What do you do? Well, the following is a completely fictionalized account of a conversation that definitely did not happen between me and my friend Kevin the other night. No names are used so you cannot identify him, or me, and I’ve also… Read More

This article considers the key holdings of the case Whitmore v. Kroger Ltd. P'ship I, 2024 U.S. Dist. LEXIS 207839, decided in December 2024 by the United States District Court for the Western District of Virginia. The primary issue in the case concerns the discoverability of work product materials, specifically witness statements and investigation details contained in an insurer's claim file, under the Federal Rules of Civil Procedure. Plaintiff Whitmore filed a negligence claim against Kroger, alleging that a Kroger… Read More