News

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.

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.

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

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 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

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.

In a firm where nearly half of the attorneys are women, nine are shareholders. In this article, each took a moment to reflect on why she chooses to practice at Arthur Chapman, how the firm is fulfilling its commitment to diversity and inclusion, and how the firm supports her in achieving work/life balance.

Minnesota Statute § 60A.41(a) prohibits an insurance company from “proceed[ing] against its insured in a subrogation action where the loss was caused by the nonintentional act of the insured.” (Emphasis added.)

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce the addition of attorneys Jack M. McFarland and John C. Wittmer and paralegal Katherine R. Holm.

Congratulations to Arthur Chapman’s 2018 Super Lawyers® and Rising Stars®

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce the addition of attorneys Kari M. Dahlin and Anthony A. Remick. Kari practices employment law and commercial litigation. She also defends corporations and non-profits on a variety of matters, including business torts, statutory-based discrimination and public accommodation claims. Kari earned her JD from the University of Minnesota Law School in 2001 and BA from the University of Minnesota in 1998. Anthony has joined the firm as a FELA/railroad litigation associate and has experience handling a variety of insurance and general litigation. He graduated from the University of Minnesota Law School in 2016 and earned his B.A. in 2013 from the University of Minnesota.