News

We invite you to join us at one or both of our COVID-19-related webinars this week to assist you with the changing legal landscape resulting from the pandemic.

On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (“FFCRA”), which requires employers with fewer than 500 employees to provide paid sick and family care leave to employees who must be absent from work (including tele-work) due to COVID-19 quarantines or illness, to care for family members who are quarantined or whose schools and care facilities are closed. These aspects of the law will be effective on April 2, 2020.

Arthur Chapman is taking steps to continue to serve your legal needs while closely monitoring the evolving changes with COVID-19. Protecting the health of our clients and employees is a top priority. Our goal is for our clients and teams to experience minimal disruption, while protecting our collective health and safety. As a proactive measure for the safety and health of our employees, many are working remotely. We continue to support the legal needs of our clients and answer questions on how COVID-19 is impacting businesses and the surrounding legal community. Our guiding principle amid this world crisis is to PLAN and not PANIC. Our Firm’s Core Values remain at the center of all we do and guide us during these uncertain times. We know that we will make it through this period, and by working together, we will continue to support your needs and navigate new challenges so our community quickly recovers.

The scale of COVID-19 and its impact in the United States is uncertain. Employers need to be proactive and prepared. What steps should employers take to minimize the legal risks and reduce the loss to business? Where should employers begin? At Arthur Chapman, our practice groups have teamed up to develop an action plan for clients to help protect their businesses on several fronts, from insurance coverage and employment issues, to workers’ compensation matters. Every business has unique needs and must have a tailored action plan in place. Businesses must continually monitor developments and update their action plans accordingly. Below are some general FAQs to offer employers a starting point.

Arthur Chapman congratulates Mackrell International (MI) on securing their eighth consecutive ranking as a leading global network in the Chambers Directory, a premier legal industry directory.

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce the addition of attorney Nicholas Strafaccia.

Repose Is Repose Is Repose! The Minnesota Supreme Court’s Clear Message to Minnesota’s Condo Contractors

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. has announced the election of Corey S. Bronczyk and Beth A. Prouty as shareholders.

Think MDOLI has settled the issue? Think again. By Sue Conley and Jeff Markowitz | There are times in the law when everyone thinks you’re wrong but you just can’t shake the feeling that you’re right. It is a bit jarring, and it can make you (quite reasonably) second-guess yourself. But you double- and triple-check your facts and the law, take a deep breath, and conclude, yes, I got this right. We respectfully suggest that we are in that situation when it comes to whether, through the 2015 promulgated opioid rules, the Minnesota Department of Labor and Industry (MDOLI)—by defining medical marijuana that is used consistent with Minnesota law as not an “illegal substance”—made such medical marijuana reimbursable through Minnesota workers’ compensation.

Arthur Chapman is pleased to announce its inclusion in the Forbes 2019 list of "America's Top Trusted Corporate Law Firms." Furthermore, the Firm is one of only 29 law firms nationwide - and the only Minnesota based firm - to receive the "most recommended practice area" designation for Labor & Employment.

Supreme Court Addresses PTSD Amendments By Emily A. LaCourse, Noelle L. Schubert, Christine L. Tuft, and James S. Pikala The Minnesota Supreme Court issued a significant ruling on what evidence a compensation judge must consider and what analysis a compensation judge should employ when determining a valid claim for work-related post-traumatic stress disorder ("PTSD").

Congratulations to Arthur Chapman’s 2019 Super Lawyers® and Rising Stars®

Arthur Chapman proudly supports Sounds of Hope, Ltd., a program providing wonderful opportunities for music and friendship for kids around the world. Arthur Chapman has teamed up with Sounds of Hope to sponsor a concert in Lake City on July 16th.

Arthur Chapman Kettering Smetak & Pikala, P.A., has named two Shareholders, Christine L. Tuft and Kafi C. Linville, as lead Marketing Partners.

Arthur Chapman attorney Beth Jenson Prouty obtained affirmance at the Eighth Circuit for her insurer client in the case Restaurant Recycling v. EMC. The opinion reaffirms Minnesota’s plain-meaning application of the Absolute Pollution Exclusion. The opinion applies the “in whole or part” language of the pollution exclusion and also defines the plain-meaning of the word “dispersal.”

On April 24, 2019, the Minnesota Supreme Court issued a decision clarifying employers and insurers’ ability to utilize defenses under the Treatment Parameters. In Johnson, William v. Darchuks Fabrication, Inc., File No. A18-1131 (April 24, 2019), the Minnesota Supreme Court, in a case of first impression, ruled that employers and insurers can apply the Treatment Parameters even when contesting a diagnosis, as long as they do not deny all obligations to pay compensation for the underlying injury.

With 50 lawyers, the firm Arthur, Chapman, Kettering, Smetak & Pikala tied for #18 on Minnesota Lawyer’s recently released list of Minnesota’s Largest Law Firms, 2018. For comparison, the firm moved up from its 2016 ranking when we had 46 lawyers.

Please join us in congratulating Steve Warner on his induction as a member of the American Board of Trial Advocates (ABOTA). Steve joins his partners Sally Ferguson, Colby Lund, Paul Rocheford, Michael Ryan, and Eugene Shermoen in this well respected organization.

By Jeffrey M. Markowitz "Justice delayed is justice denied." That legal maxim recognizes that securing justice eventually is not enough. The injury of delay can deny, or at least diminish, later-secured justice. Often the battle cry of the plaintiff seeking prompt redress, so too may the maxim be the battle cry of the defendant seeking prompt dismissal of a claim destined for a defense judgment. The longer it takes a defendant to march toward justice, the more time, burden, and expense even ordinary litigation will cause. And, particularly if the claim should never have made it past the pleadings stage, every dollar and hour spent in discovery diminishes eventually secured justice.

Minnesota Court of Appeals Holds Joint and Several Liability Statute Does Not Apply to Fault of Employer