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For those of us of a certain age, or who grew up in certain parts of the country, hearing the term “MCS-90” might tend to conjure images of youthful summer evenings spent with friends igniting fireworks of questionable legality – perhaps even images of a detonated mailbox or two. Not to be confused with a similarly named incendiary amusement, however, the MCS-90 is an insurance endorsement mandated by federal law for interstate freight carriers. The endorsement provides, in material part,…
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As a personal injury attorney, I speak with injured people nearly every day. Although injuries from motor vehicle accidents are the most common in my form of practice, I see people who have been injured in all types of circumstances and scenarios – while shopping, eating in restaurants, socializing with friends, visiting amusement parks, and so on. What is a premises liability claim? Under Virginia law, an incident that occurs on a person’s property is called a premises liability claim.…
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Almost one year ago, we discussed the implications of the temporary rules and designations created by the U.S. Fish and Wildlife Service regarding the elevation of the Northern Long Eared Bat from threatened to endangered. For those readers who are unfamiliar with this issue, back in November 2022, the Northern Long Eared Bat was reclassified as an endangered species. Under the Endangered Species Act, the US Fish and Wildlife Service (U.S. FWS) would then be able to introduce new guidelines…
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Congratulations to our attorneys listed in the 2025 edition of Best Lawyers in America and Best Lawyers in America: Ones to Watch C. Stephen Setliff Included in Best Lawyers in America editions since 2008, Mr. Setliff was also named as a 2022 "Lawyer of the Year" for Mass Tort Litigation/Class Actions - Defendants. Recognized in the categories of: Mass Tort Litigation / Class Actions - Defendants Personal Injury Litigation - Defendants Railroad Law Transportation Law Kevin Streit Congratulations to Mr.…
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The sales department and legal department typically mix like oil and vinegar, and it’s generally true for businesses both large and small. Stereotypically, the sales department consists of larger-than-life personalities wanting to move a million miles an hour to get that deal closed. In stark contrast, legal departments are generally known as the “no” department and to sales, any creative idea or an idea with great potential can meet its end when pitched to legal. Oftentimes these departments struggle to…
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A lawsuit in Missouri is attempting to frame sex in a vehicle as a “reasonable use” of the vehicle. The lawsuit aims to allow the plaintiff to collect money from the vehicle’s insurer, Geico, because she contracted a sexually transmitted disease, STD, while having sex in the vehicle. The plaintiff claims the defendant was negligent in failing to warn her he had the STD and in failing to take precautionary measures to prevent infecting her. Geico’s position is sex in…
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On April 23, 2024, the Federal Trade Commission issued its final rule prohibiting new non-compete agreements for all workers and declaring them an unfair method of competition. WHAT ARE NON-COMPETE CLAUSES AND WHAT IS THE PROBLEM? The rule defines a “non-compete clause” as a term or condition of employment that prohibits, penalizes, or functions to prevent a worker from seeking or accepting work or operating a business in the U.S. after the conclusion of the employment that includes the term…
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A commercial landlord in Virginia who wishes to evict a non-paying tenant must do so by filing an unlawful detainer action in the General District Court of the county where the property is located. The guidelines for pursuing an unlawful detainer, found in Va. Code Ann. § 8.01-126, were modified earlier this year and went into effect on July 1, 2024. One noteworthy modification relates to a landlord’s request for all amounts due and owing as of the date of…
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The dreaded envelope from a state or federal court. Addressed to you. You wrack your brain to figure out how many parking tickets you ignored or who might want to sue you. You open the envelope. It’s the reviled jury summons. “Oh darn!” you exclaim (or some variation not suitable for public ears). “I can’t serve on a jury,” you think. “My boss will flip out, who will take care of the kids? How can I get out of it?”…
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This time last year, federal regulators tasked with ensuring our nation’s roadways were going to act on a 14-year-old petition to require new trucking operators to take a standardized proficiency test before being granted operating authority. The Federal Motor Carrier Safety Administration issued a final rule in 2008 under a provision in a 1999 law aimed at improving the safety performance of new-entrant carriers. The petition was an attempt to resolve a deficiency caused by the FMCSA’s final rule failing…
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