Blame the Middleman:  The…

Blame the Middleman: The Uncertain State of Negligent Brokering Claims Across the U.S.

The United States Supreme Court has recently declined to hear an appeal from the Ninth Circuit holding that a freight broker may be held liable for injuries caused in an accident where the broker allegedly negligently selected an unsafe motor carrier. Miller v. C.H. Robinson Worldwide, Inc., 976 F.3d 1016 (9th Cir. 2020), cert. denied. This denial leaves open the strong possibility of new avenues of attack for plaintiffs and new potential liabilities for defendants. The facts in Miller are… Read More
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Congratulations to our award-winning attorneys!

Congratulations to our attorneys listed in the 2023 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 has reached a milestone for being recognized for 15 years in a row. In 2022, Mr. Setliff was also honored to receive the "Lawyer of the Year" award in the category of Mass Tort Litigation / Class Actions - Defendants. Recognized in the categories… Read More
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Nationwide supply chain c…

Nationwide supply chain crisis

The United States Supreme Court’s recent decision not to hear the California Trucking Association’s request for review of the U.S. Court of Appeals for the 9th Circuit’s decision in CTA v. Bonta—which upheld California’s AB5 law governing the use of independent contractors— is going to have incredibly broad sweeping ramifications for the trucking industry as a whole, as well as further exacerbate the nation’s already tenuous supply chain shortage. Not only will this decision affect trucking companies that have their… Read More
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A New Day Yesterday:  The…

A New Day Yesterday: The U.S. Supreme Court Clarifies its Second Amendment Jurisprudence in New York State Rifle & Pistol Assoc., Inc. v. Bruen (2022)

In 1969, the rock band Jethro Tull charted a memorable hit titled “A New Day Yesterday.” In the third verse, singer and songwriter Ian Anderson intoned, “Spent a long time looking/For a game to play/My luck should be so bad now/to turn out this way/O! I had to leave today/just when I thought I'd found you/It was a new day yesterday/but it's an old day now.” ("A New Day Yesterday" by Jethro Tull, STAND UP ©Ian Anderson Music Ltd., GEMA)… Read More
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The Maryland Materialman…

The Maryland Materialman Who Hesitates May Be Lost: When Maryland’s Mechanic’s Lien Law Fails to Protect the Materialman

Maryland’s mechanic's lien laws seek to protect materialmen by ensuring they are paid for supplying labor and materials; however, one aspect of their design leaves lien claimants vulnerable to losing out completely. In contrast to other states, like Virginia, Maryland’s delayed process for a contractor to establish a lien, in some situations can destroy the contractor’s right to claim a lien altogether and can leave the contractor without a remedy for the unpaid services and materials it provided. Mechanic's lien… Read More
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Workers’ Compensation:…

Workers’ Compensation: Asking the Right Questions

When a new injury claim comes in from the jobsite, the first question that should be asked is simple: what happened? The answer is usually a simple retelling of how someone managed to injure themselves. They dropped a cinderblock; their glove got caught in something it probably shouldn’t have been near; a piece of debris fell from above; or even “I just turned to get in the vehicle.” All of these can be a prelude to what may be a… Read More
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Regrets, when buying or s…

Regrets, when buying or selling a home in 2022 goes wrong

For many of us, the last couple of years have seen significant changes that have caused a shift in how we have decided to shop for homes. Many employers are moving towards remote work for increased productivity and overhead cost savings, leading many employees to trade in their commute friendly home for something larger, albeit more distant. As businesses closed their doors, former employees found themselves moving to new locations for work. Those who were also hit economically ended up… Read More
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“Drive-by Lawsuits” U…

“Drive-by Lawsuits” Under the Americans with Disabilities Act

The Americans with Disabilities Act (ADA) became law in 1990 and prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunication. The ADA protects individuals who themselves have disabilities or those who have a relationship or association with an individual with a disability. As defined by the ADA, an individual with a disability is someone with a physical or mental impairment that substantially limits one or more major life activities,… Read More
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Your Company’s website…

Your Company’s website looks great, but are you aware of the hidden dangers?

If you are a member of a company in any industry, you likely have an online presence. The value and positive impact of a commercial website is critical and necessary today. Your website represents you, putting forward the image you want customers and employees to have of your company. You may have spent a great deal of time and money making sure it looks and functions just the way you want. Even so, you may still be at risk for… Read More
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A Shot Across the Bow: Ne…

A Shot Across the Bow: New Legislation Requires Tow Companies to Provide Information on Virginia Division of Consumer Counsel

One of the few successes that the trucking industry has enjoyed in recent years in its continuing effort to curtail the piratical practices of towing companies came in the most recent General Assembly session. The legislature passed, and the Governor signed, Senate Bill 705, which creates a new statute, Code section 46.2-1217.1. The statute becomes effective on July 1, 2022, and will provide: On any invoice charging $10,000 or more for towing and recovery services rendered pursuant to a lawful… Read More
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