Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce the election of Susan K.H. Conley and Shayne M. Hamann as shareholders.
January 5, 2012
Susan K. H. Conley joined Arthur Chapman in 2007 and has been practicing law for more than 20 years in the areas of workers' compensation and general liability. Prior to joining Arthur, Chapman, Kettering, Smetak & Pikala, P.A., she was a Senior Trial Attorney for Liberty Mutual Insurance Company. Sue currently represents clients in all aspects of workers' compensation litigation. In the past, she has represented clients in various liability cases, including motor vehicle, fire litigation, products liability, and premises liability. Sue has lectured on the subject of workers' compensation, presenting seminars for industry and trade groups as well as on-site client seminars.
Shayne M. Hamann joined Arthur Chapman in 2006 after working in-house with Farmers Insurance. She has extensive experience in automobile related litigation and handles a variety of first and third party cases as well as rental car litigation. Shayne also has a vast background in handling any array of general liability, premise and commercial transportation cases. Shayne is the firm's pro bono coordinator and also serves as one of the chairs of its automobile law practice group. In addition to her law practice, Shayne is an active volunteer and mentor for a variety of legal, civic and church related organizations in the Twin Cities and greater Minnesota.
The law firm of Arthur, Chapman, Kettering, Smetak & Pikala, P.A. was established in 1974 and is headquartered in Minneapolis, Minnesota with a branch office in Hudson, Wisconsin. Arthur Chapman is one of the premier defense litigation law firms in Minnesota with approximately 46 attorneys practicing from coast to coast. The attorneys at Arthur Chapman serve the litigation needs of businesses, the insurance industry, and self-insured entities by providing a full range of litigation services, including general and commercial litigation, products liability, automobile liability, workers' compensation, subrogation, professional liability, insurance coverage, intellectual property, construction, high technology disputes, liquor liability, employment law, trucking, railroad, and personal injury law. Please visit the firm's website at www.ArthurChapman.com for additional information.
Christina E. VonderHaar Joins Arthur Chapman Kettering Smetak & Pikala, P.A.
September 14, 2011
Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce that Christina E. VonderHaar has joined the firm as an associate. Christina will focus her practice primarily in the area of workers' compensation litigation. Prior to joining Arthur Chapman, Christina worked as senior counsel and vice president for KASCO Claims Management, Inc. dba Coronado Claims Services in San Diego, California and as an associate for Haight, Brown & Bonesteel, LLP in Los Angeles, California.
Jennifer E. Albrecht Joins Arthur Chapman Kettering Smetak & Pikala, P.A.
September 08, 2011
Jennifer E. Albrecht joins Arthur Chapman as the Marketing Manager. Prior to joining the firm, Jennifer assisted in the growth of an outsourced accounting company and a commercial architectural firm. Jennifer’s work includes coordination of the firm’s marketing activities and guiding the team in it’s client appreciation, promotional, and business development endeavors.
Angela M. Streit Joins Arthur Chapman Kettering Smetak & Pikala, P.A.
September 08, 2011
Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce that Angela M. Streit has joined the firm as an associate. Angie will focus her practice in the areas of railroad and automobile litigation. Prior to joining Arthur Chapman, Angie clerked with the Minnesota Court of Appeals and the United States Attorney's Office.
Kafi C. Linville Named to Board of Directors of Minnesota Defense Lawyers Association (MDLA)
August 30, 2011
Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce that Kafi C. Linville has been named to the Board of Directors of the Minnesota Defense Lawyers Association (MDLA). Ms. Linville is co-chair of the Arthur Chapman’s Construction Practice Group. Kafi concentrates her practice primarily in the areas of commercial and residential construction defect litigation. She regularly represents general contractors and subcontractors in both large and small commercial and residential matters. She also works with clients in the area of general liability.
The Minnesota Defense Lawyers Association (MDLA) serves the needs of lawyers focused on the defense and trial of civil disputes. Affiliated with both the Minnesota State Bar Association and DRI -- The Voice of the Defense Bar, the MDLA is committed to representing the defense viewpoint in handling problems on legislation, court procedure and practice, either directly or through the Bar Association. Members of the MDLA serve as a resource for the sharing of information on court decisions, briefs, witnesses, trends and procedures throughout Minnesota. In addition, the MDLA provides information on expert witnesses and assists defense attorneys in obtaining expert witnesses in various fields. MDLA members receive educational and professional development opportunities benefiting their civil defense practice.
ARTHUR CHAPMAN ATTORNEYS NAMED TO COUNCIL ON LITIGATION
August 24, 2011
Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce that Sally J. Ferguson, Paul J. Rocheford, and Christine L. Tuft have been invited to join the prestigious Council on Litigation Management. Arthur Chapman’s Michael D. Carr is already a member of the Council. The Council is a nonpartisan alliance comprised of thousands of insurance companies, corporations, Corporate Counsel, Litigation and Risk Managers, claims professionals and attorneys. Through education and collaboration, the organization’s goals are to create a common interest in the representation of companies, and to promote and further the highest standards of litigation management in pursuit of client defense. Selected attorneys and law firms are extended membership by invitation only based on nominations from CLM Fellows.
Sally J. Ferguson, Sally Ferguson is a shareholder at Arthur, Chapman, Kettering, Smetak & Pikala, P.A., and has been practicing law at the firm for more than 20 years. She currently serves as chair of the firm's Professional Liability Practice Group and concentrates her practice in the areas of professional liability, employment law, and complex litigation.
Click here for a full biography of Sally J. Ferguson.
Paul J. Rocheford, Paul Rocheford has a diverse litigation and trial practice in the areas of general liability, construction law, ADR, commercial transportation, automobile litigation (third party liability, rental and UM/UIM), and professional liability. Paul has a knack for evaluating cases quickly and has successfully and efficiently defended hundreds of automobile, general liability, toxic tort, professional liability, and commercial claims over the past 22 plus years at Arthur Chapman. He has taken numerous personal injury and commercial lawsuits to verdict with excellent results.
Click here for a full biography of Paul J. Rocheford.
Christine L. Tuft, Chris Tuft focuses her practice in the areas of workers' compensation and employment law. She represents insured and self-insured employers in all aspects of workers' compensation litigation at the Department of Labor and Industry and the Office of Administrative Hearings, Workers' Compensation Court of Appeals, and Minnesota Supreme Court. Chris has developed expertise on the interrelationship between the Workers' Compensation Act, the Family and Medical Leave Act, and the Americans with Disabilities Act. She is a regular speaker at the firm's seminars and a contributing author on publications, newsletters, and fax alerts.
Click here for a full biography of Christine L. Tuft.
Michael D. Carr Michael D. Carr is a litigator with over 25 years of experience including the successful resolution of hundreds of cases and litigation of numerous summary judgments, trials, and appeals with enduring impact on workers compensation subrogation and employer liability law. Mike serves extensively as a neutral mediator and arbitrator, drafts and collaboratively lobbies through sweeping workers' compensation subrogation and employer liability legislation, and previously headed up the National Association of Subrogation Professionals.
Click here for a full biography of Michael D. Carr.
SEVEN ATTORNEYS NAMED 2011 SUPER LAWYERS®
August 18, 2011
Seven attorneys from Arthur, Chapman, Kettering, Smetak & Pikala, P.A. have been selected as 2011 Minnesota Super Lawyers®. This annual list represents no more than five percent of the attorneys in Minnesota. Recognized are: Lindsay Arthur, Personal Injury Defense: Products; Colby Lund, Construction Litigation; Sally Ferguson, Personal Injury Defense: Medical Malpractice; James Pikala, Workers' Compensation; Blake Duerre, Personal Injury Defense: General; Paul Rocheford, Civil Litigation Defense; Lee Miller, Civil Litigation Defense.
Paul Rocheford was also selected in the annual "Top 100" list, which includes those who received the highest point totals in the Minnesota nomination, research and blue ribbon review process.
Sally Ferguson was also named in the "Top 50 Women," a listing of women lawyers who received the highest point totals in the 2011 Minnesota Super Lawyers® nomination, research, and blue ribbon review process. Sally was also selected in the annual "Top 100" list in the Minnesota nomination.
Super Lawyers® is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. It is published as a special supplement in Twin Cities Business, Minneapolis/St. Paul Magazine, and Minnesota Super Lawyers.
Super Lawyers® selects attorneys using a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement and selections are then made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.
Click here for announcement.
SIX ATTORNEYS NAMED 2011 RISING STARS®
August 18, 2011
Six attorneys from Arthur, Chapman, Kettering, Smetak & Pikala, P.A. have been selected as 2011 Minnesota Rising Stars®. This annual list represents no more than 2.5 percent of the attorneys in Minnesota. Recognized are: Joseph M. Nemo, III, Workers' Compensation; Jonathon M. Zentner, Construction Litigation; Curtis D. Ruwe, Insurance Coverage; Shayne M. Hamann, Personal Injury Defense: General; Chad J. Hintz, Professional Liability: Defense; James J. Ranheim, Construction Litigation.
Lawyers are asked to nominate the best attorneys age 40 or under, or those who have been practicing 10 years or less. Peers nominate lawyers they have personally observed in action.
Super Lawyers® is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. It is published as a special supplement in Twin Cities Business, Minneapolis/St. Paul Magazine, and Minnesota Super Lawyers.
Super Lawyers® selects attorneys using a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement and selections are then made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.
Click here for announcement.
MINNESOTA SUPREME COURT DECISION IN FRANDSEN V. FORD MOTOR COMPANY
By: Jim Pikala
August 10, 2011
On Wednesday, August 10, 2011, the Minnesota Supreme Court issued a significant decision in the workers' compensation arena on the subject of permanent total disability benefits. In Frandsen v. Ford Motor Company, Case Number A11-0126 (Filed August 10, 2011), the Supreme Court reversed a decision of the Workers' Compensation Court of Appeals ("WCCA"). The WCCA had denied a petition filed by Ford Motor Company seeking to discontinue permanent total disability ("PTD") benefits being paid pursuant to a Stipulation for Settlement on the basis that the employee had turned 67 years of age. The WCCA held that since Ford had not specifically reserved its right to discontinue PTD benefits at age 67, it had "waived" the right to do so. Minn. Stat. Sec. 176.101, Subd. 4 provides in pertinent part: "Permanent total disability shall cease at age 67 because the employee is presumed retired from the labor market. This presumption is rebuttable by the employee." The employee and Ford Motor Company had entered into a "to-date" settlement, by which Ford agreed to pay PTD benefits. Once Mr. Frandsen reached the age of 67, Ford sought to discontinue the PTD benefits. In keeping with the procedure established by the WCCA, Ford filed a Petition with the WCCA to discontinue payment of PTD benefits. The WCCA denied the Petition and concluded that Ford had waived the right to apply the retirement presumption because the parties did not incorporate into the settlement agreement the retirement provision of Minn. Stat. Sec. 176.101, nor did they include language expressly reserving the right to discontinue payment of PTD benefits at age 67. The Supreme Court stated that the WCCA erroneously concluded that waiver can be implied from mere inaction by the parties. In addition, the Supreme Court ruled that the plain language of Minn. Stat. Sec. 176.101 affords an employer the right to presume that an employee would have retired at age 67 and, correspondingly, to stop paying PTD benefits without taking any action prior to the cessation. Because an employer could invoke the presumption of retirement by simply not acting, an employee cannot rely solely on that same inaction to prove an "intent" to waive the retirement presumption. The Supreme Court issued a ruling that the retirement presumption "shall" apply unless the employee rebuts the presumption or proves knowing and intentional waiver by the employer. That waiver would be shown by producing evidence of knowledge and intent in the form of: (1) language in a Stipulation for Settlement between the parties; (2) affirmative conduct on the part of the employer; or (3) circumstances that would ascribe meaning to the employer's silence. Since the employee did not show any of these required elements for establishing "waiver", the Supreme Court found that waiver did not exist.
This decision will have a substantial impact on how the WCCA analyzes and rules upon Petitions to Discontinue permanent total disability benefits in future cases. Although the Supreme Court did not directly analyze the "procedure" established by the WCCA for determining an employer's right to discontinue PTD benefits following a settlement, it is quite likely that the WCCA will change its procedure. The Supreme Court was quite clear in its decision, indicating that the language of Minn. Stat. Sec. 176.101, Subd. 4 is not ambiguous and "affords an employer the right to presume that an employee would have retired at age 67 and, correspondingly, to stop PTD benefits without taking any action prior to this cessation."
ACKSP ATTORNEYS SHINE INSIDE THE COURTROOM AND WE ARE OFF TO A GREAT START IN 2011!
February 28, 2011
We are proud to report that we have obtained seven complete defense verdicts thus far in 2011, along with a complete dismissal for our client on a multi-million dollar injury claim. Collective hard work and long team hours logged by everyone at Arthur Chapman recently garnered these excellent results for our clients:
- Automobile - Gene Shermoen and team received a defense verdict on an injury claim in Washington County. In a strongly contested liability case, the jury determined Gene's client was not negligent and placed the entire fault on the other defendant. It was also a win for the defense on damages. The case involved a shoulder surgery (IME doctor admitted it was caused by accident) and the jury awarded only $2,275.20 for pain and suffering.
- Workers’ Compensation - James Pikala received a total defense verdict in a Mesothelioma case. The employee was a welder and machine operator who claimed that he was exposed to asbestos materials on a daily basis with our employer. The total damage exposure was approximately $400,000. Jim secured victory by arguing the employee’s exposure to asbestos in the Navy for three years was the only substantial contributing factor in his development of Mesothelioma.
- Construction Defect - Mike North and team secured a defense verdict for a window manufacturer in a tough construction case. The jury awarded the full cost to repair the home ($220,000), but determined that the window manufacturer was not responsible for the damage.
- Automobile - Lee Miller secured a complete defense verdict in an automobile accident jury trial. Plaintiff claimed an injury to the inner ear that he claimed ruined his "golden" years by causing significant ringing in the ears (tinnitus), loss of hearing and significant balance issues. The defense had offered $20,000 to settle the case and Plaintiff never came below $100,000. Jury found no tort threshold.
- Automobile - Gene Shermoen and team secured another victory for his clients this month, this time securing a complete defense verdict in an automobile accident jury trial in Wright County. The net result was that the Plaintiff owed the Defendant more in costs and disbursements than he recovered from the jury.
- Fire/Fraud - Mark Brown and team secured a defense verdict in a difficult civil arson trial. This case involved a plaintiff who alleged that the insurance company did not compensate him for two fires occurring in April 2007. Mark argued the Plaintiff was responsible for the fires. The jury agreed that the Plaintiff was responsible for the second of two fires and that he failed to cooperate with the terms and conditions of his insurance policy. The jury did not award Plaintiff any damages.
- Construction Injury - Mike Carr and Lee Miller received an order granting our client summary judgment in a multi-million dollar construction accident. Mike and Lee argued the claim was barred by the doctrine of common enterprise and argued that because the Plaintiff had accepted workers’ compensation benefits under these facts, he was not entitled to bring a claim against our client. The judge agreed and dismissed the case with prejudice.
- Workers’ Compensation – Noelle Schubert received a total defense verdict in a case involving alleged Gillette injuries to the cervical spine. The employee was a 49 year-old road construction supervisor who worked for his employer for over 30 years. He claimed that his heavy duty work activities were a substantial contributing factor to his neck condition, and need for cervical fusion surgery. The total accrued damage exposure was $100,000. Noelle secured victory by arguing that the employee’s neck condition was the result of a multilevel degenerative condition of the spine, and unrelated to his work activities. The Judge denied the employee’s claims in full.
Our great start in 2011 shows our clients trust ACKSP to deliver top-tier service for everything from the smallest claims to the largest, most complex disputes. Since the inception of the firm, we have worked hard to earn a reputation as astute, conscientious, responsible, and client-focused. With 48 attorneys, we offer big-firm knowledge and results with the agility and dedication of a smaller practice.
ARTHUR CHAPMAN NAMES KIM JOHNSON AND CURT RUWE AS NEW SHAREHOLDERS FOR 2011
January 1, 2011
Minneapolis, MN – January 1, 2011. Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce that Kimberly L. Johnson and Curtis D. Ruwe have been elected as shareholders. We congratulate them both and are excited to add their many talents to our team of shareholders.
Kimberly L. Johnson joined Arthur, Chapman, Kettering, Smetak & Pikala, P.A. as an associate in 2004. Kim has experience handling a wide variety of litigated cases but focuses much of her practice in the areas of construction, FELA, commercial litigation, personal and commercial automobile law and general litigation. She is the co-chair of the commercial transportation practice group. Prior to joining the firm, Kim practiced law for approximately five years in Denver, Colorado, and maintains her Colorado license. Kim is a graduate of the University of South Dakota School of Law and is a native of Little Falls, Minnesota.
Curtis D. Ruwe joined Arthur, Chapman, Kettering, Smetak & Pikala, P.A. in 2007 and is the co-chair of the insurance coverage practice group at Arthur Chapman. Curt has extensive experience in advising clients regarding commercial insurance coverage and the defense of insurance agents against professional liability claims. Curt’s coverage litigation experience includes arguing insurance coverage issues to appellate courts in several states and before the Minnesota Supreme Court. Curt is a graduate of the University of Nebraska and is a native of Hooper, Nebraska.
The law firm of Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is located in Minneapolis, MN and serves the litigation needs of businesses, the insurance industry, and self-insured entities. Since 1974, the firm has evolved from three attorneys to 48 attorneys. The attorneys at Arthur Chapman provide a full range of litigation services, including general and commercial litigation, products liability, automobile liability, workers’ compensation, subrogation, professional liability, insurance coverage, intellectual property, construction, liquor liability, employment law, trucking, railroad, and personal injury law.
