Showing Results 1 - 20 of 64
  • Repose Is Repose Is Repose! The Minnesota Supreme Court's Clear Message to Minnesota's Condo Contractors
    January 15, 2020
    Repose Is Repose Is Repose! The Minnesota Supreme Court’s Clear Message to Minnesota’s Condo Contractors
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  • Arthur Chapman is pleased to announce the addition of attorneys Judson S. Ballentine, Quinton R. Beasley, and Cecilie M. Loidolt
    January 8, 2020
    Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce the addition of attorneys Judson S. Ballentine, Quinton R. Beasley, and Cecilie M. Loidolt
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  • Arthur Chapman has announced the election of Corey S. Bronczyk and Beth A. Prouty as shareholders.
    January 6, 2020
    Arthur, Chapman, Kettering, Smetak & Pikala, P.A. has announced the election of Corey S. Bronczyk and Beth A. Prouty as shareholders.
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  • Workers' Compensation for Medical Marijuana? Not So Fast.
    January 1, 2020
    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.
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  • Minnesota Supreme Court Concludes Joint and Several Liability Statute Does Not Apply to Employer
    December 10, 2019
    by Beth A. Jenson Prouty, Joseph M. Nemo, and Paul J. Rocheford In the November 27, 2019, decision of Fish v. Ramler Trucking Inc., the Minnesota Supreme Court affirmed the Court of Appeals, concluding that a third-party tortfeasor (“tortfeasor”) is responsible for fault allocated to an employer for a workplace injury. The Court concluded that Minnesota’s joint and several liability statute, Minn. Stat. § 604.02, only applies when there are two or more severally liable parties. Because an employer is immune from tort liability under the Workers’ Compensation Act, and thus is not a person “severally liable,” the statute does not apply to reduce the tortfeasor’s liability by an employer’s fault.
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  • Arthur Chapman Named a Forbes Top Trusted Corporate Law Firm
    October 16, 2019
    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.
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  • Pot for Pain: A Courtroom Conundrum in Workers' Compensation
    October 1, 2019
    By Susan K.H. Conley and Jeffrey M. Markowitz Thirty-three states have legalized medical cannabis and ten states have legalized recreational use of marijuana. The uncertain combination of the Controlled Substance Act, the failure of Congress to enact legislation legalizing marijuana, and the emerging state regulatory systems that have accompanied legalization present uncertainty in this evolving industry. This developing sector allows those with the knowledge base to guide employers and insurers adroitly through this legal maze.
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  • Arthur Chapman Welcomes Attorney Douglas Mac Arthur
    July 29, 2019
    Attorney Douglas Mac Arthur has joined the firm as an associate. Douglas earned his JD from William Mitchell College of Law (2014) and his undergraduate degree in Construction Management from Minnesota State University, Moorehead (2011). He served as a Judicial Extern for the Honorable Judge Denise D. Reilly, Minnesota District Court, Fourth Judicial District (2014). He focuses his practice in the areas of construction, employment and general liability.
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  • Supreme Court Addresses PTSD Amendments
    July 19, 2019
    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").
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  • Congratulations to Arthur Chapman’s 2019 Super Lawyers® and Rising Stars®
    July 9, 2019
    Congratulations to Arthur Chapman’s 2019 Super Lawyers® and Rising Stars®
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  • Arthur Chapman - Songs of Hope Performance
    July 8, 2019
    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.
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  • Arthur Chapman Announces Two Shareholders as Lead Marketing Partners
    July 8, 2019
    Arthur Chapman Kettering Smetak & Pikala, P.A., has named two Shareholders, Christine L. Tuft and Kafi C. Linville, as lead Marketing Partners.
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  • Arthur Chapman Welcomes Summer Law Clerk Marisa Morgan
    June 5, 2019
    Marisa Morgan is a 2021 J.D. candidate at the University of St. Thomas School of Law, Minneapolis/St. Paul, MN. Originally from Rockford, IL, Marisa worked in Risk Management at the city’s Park District. She earned her undergraduate degree cum laude in 2018 from Gustavus Adolphus College, St. Peter, MN where she was the recipient of the Rockford Association of Minority Management Scholarship. She was Captain of Gustavus’ Varsity Track and Field team and played on the Varsity Volleyball team. Marisa enjoys baking, hiking, and learning historical facts. She has volunteered for years with Special Olympics.
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  • Eighth Circuit Affirms Application of Absolute Pollution Exclusion
    April 29, 2019
    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.”
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  • Minnesota Supreme Court Decision Clarifies Correct Application of Workers' Compensation Treatment Parameters
    April 25, 2019
    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.
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  • Arthur Chapman Ranked #18 on List of Minnesota’s Largest Law Firms
    April 9, 2019
    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.
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  • Arthur Chapman Attorney Stephen Warner Joins American Board of Trial Advocates (ABOTA)
    February 13, 2019
    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.
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  • Forget Plausibility – Three Tools to Help Your Motion To Dismiss In Minnesota State Court, Even After Walsh
    January 31, 2019
    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.
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  • Minnesota Court of Appeals Holds Joint and Several Liability Statute Does Not Apply to Fault of Employer
    January 25, 2019
    Minnesota Court of Appeals Holds Joint and Several Liability Statute Does Not Apply to Fault of Employer
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  • Attorney Jeffrey Markowitz, a former MN Court of Appeals clerk, offers five tips to navigate your next appeal
    December 14, 2018
    Whether you hit a home run in district court, or lost hard, every litigator will repeatedly face the question of whether and how to appeal that shutout, or how to defend that big win. Attorney Jeffrey Markowitz, a former MN Court of Appeals clerk, offers five tips to navigate your next appeal.
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