News

In the Spring/Summer 2022 Issue of Minnesota Defense, Attorney Shannon Nelson shares recommended strategies in responding to nuclear verdict tactics. 

In the Spring/Summer 2022 issue of Minnesota Defense attorney Beth A. Prouty authored the article Navigating the Changes to the Rules Governing Miller-Shugart Settlement Agreements in Minnesota.

Arthur Chapman is please to share the attorneys that were named as Super Lawyers® or Rising Stars® for 2022. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

In an Order issued today, the United States Supreme Court denied the Petitions for Certiorari in the Bierbach v. Digger's Polaris and United Fire Group and Musta v. Mendota Heights Dental cases.

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce the addition of attorney Shannon Nelson. Shannon focuses her practice in civil litigation including premises liability, motor vehicle accident, personal injury, construction defect as well as workers’ compensation. She joins our Firm after working the last eight years as in-house counsel for an insurance company and prior to that she was working at Arthur Chapman. We are thrilled to welcome her back.

Construction attorney Jon Zentner recently spoke with Acuity Insurance to discuss how to use the term warranty so it doesn’t cause legal confusion with consumers.

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. congratulates Mackrell International (MI) on securing their tenth consecutive ranking as a leading global network in the Chambers Directory, a premier legal industry directory.

In a precedential decision issued on January 31, 2022, the Minnesota Court of Appeals held that a pickup truck is not a “commercial vehicle” subject to No-Fault indemnity claims under Minn. Stat. § 65B.53, subd. 1 even if its curb weight exceeds 5,500 pounds, unless it was being used in a commercial capacity when the accident causing injury occurred.

On November 24, 2021, the Minnesota Supreme Court released Poitra v. North Star Mutual, concluding that the resident-relative exclusion in a homeowner’s insurance policy is enforceable. A resident-relative or household exclusion generally excludes or limits liability coverage when the person injured is the named insured or resides with the named insured and is a relative or is a minor in the named insured’s care.

Medical marijuana is not compensable under Minnesota workers’ compensation law. That was the decision of the Minnesota Supreme Court earlier today. The federal Controlled Substance Act (“CSA”) preempts (i.e. prohibits) Minnesota workers’ compensation law from requiring reimbursement for Minnesota medical marijuana.

Arthur Chapman is excited to welcome attorney Aaron Abelleira to the Construction Law Practice Group. Aaron’s practice focuses primarily on Construction Law. He has been involved in the construction industry since graduating from high school. He knows not only the law but also has spent 10 years in the trades as a commercial roofer. He has a passion for researching and writing about legal issues that impact contractors and he has the skills to translate his experience into insights that will help his construction clients.

In an August 25, 2021, opinion, the Eighth Circuit affirmed the District Court of North Dakota’s grant of summary judgment to the insurer, holding there was no insurance coverage under a CGL Policy for claims that a debt-collection law firm had wrongfully garnished wages. The court held the claims of “bodily injury” were not caused by an “occurrence” because the law firm’s actions in garnishing wages and communicating with others about the garnishment were intentional.

In a decision filed on August 18, 2021, the Minnesota Supreme Court breathed life into the long-term opioid treatment parameter, reversing the lower courts' determinations that the "rare case" exception applied, thereby determining that the employee's use of long-term opioid pain medication was not compensable. The Supreme Court considered this case for the second time in Johnson v. Darchuks Fabrications, Inc., File No. A20-0963.

Spoliation is the “intentional destruction, mutilation, alteration, or concealment of evidence.” Black's Law Dictionary 1409 (7th ed. 1999). Every party or potential litigant to an action has a court-imposed duty to preserve evidence essential to a claim that will likely be litigated. However, not all destruction of evidence is considered spoliation. Here are the top 4 ways to avoid a spoliation claim:

Arthur Chapman is proud of the 17 attorneys selected as Super Lawyers® or Rising Stars® for 2021. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

Arthur Chapman was recognized as a 2021 National Standard Star Tribune Top Workplace. This designation places the Firm among an elite group of companies.

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is a mid-sized defense law firm located in downtown Minneapolis. This is an opportunity for a hard working attorney to complement a growing medical malpractice team and integrate into a solid book of existing medical malpractice business. This is a great opportunity to ultimately assume a book of business. We seek a highly motivated lateral associate or junior level partner with at least three years of medical malpractice, products liability, and/or professional liability law related experience to join our growing litigation practice group. Preferred experience includes deposition and trial experience. Candidates should have excellent writing skills, and possess a strong attention to detail. A strong work ethic and the ability to thrive in a team-oriented atmosphere are essential. We are motivated to attract and recruit talented and diverse attorneys. Salary is commensurate with experience.

As occurs in most years, the Workers’ Compensation Advisory Council proposed new legislation in 2021, amending the Minnesota Workers’ Compensation Act. The legislation was advanced in both the House of Representatives and the Senate, and it was passed by both legislative houses. It was signed into law by Governor Walz on April 26, 2021. Here is a breakdown of the new legislation:

ACKSP Brief provides regular communications from our attorneys to keep you connected and updated on current legal issues and decisions that impact your businesses and claims handling.

On April 14, 2021, the Minnesota Supreme Court released King’s Cove Marina, LLC v. United Fire & Cas. Co., providing guidance on the Products Completed Operations Hazard (“PCOH”) limit and on Miller-Shugart allocation. In the underlying liability case, the insured, Lambert, entered a Miller-Shugart settlement agreement with the liability plaintiff, King’s Cove. Lambert stipulated to a $2 million dollar judgment being entered against it to be collected from Lambert’s insurer, United Fire. King’s Cove then brought a garnishment action against United Fire, alleging all of the claims in the liability case were for covered damages, and that the Miller-Shugart settlement agreement was enforceable.