News

On December 17, 2021, the Sixth Circuit Court of Appeals lifted the stay on the OSHA Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to require employees to be vaccinated against COVID-19 or to test weekly and mask.

Register for next Wednesday’s (12/8) Inclusion & Equity Summit: Midwest. Attorney Noelle Schubert is speaking on the first panel of the day, The Post-COVID Workplace: Reimagining, Rebooting, Rebuilding.

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.

On November 4, OSHA and CMS announced requirements that certain employers must mandate that their employees be vaccinated against COVID-19.

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce the addition of attorney Marisa (Rita) C. Morgan. Rita joined Arthur Chapman through the Twin Cities Diversity in Practice 1L Summer Clerkship program in 2019. She has worked at Arthur Chapman as a law clerk and was sworn in as an attorney on October 29, 2021.

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce the addition of attorney, Jack Edell. Jack’s practice focuses in Automobile Law, Commercial Transportation, Insurance coverage, and General Liability.

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, Kettering, Smetak & Pikala, P.A. is pleased to announce the addition of attorney Erik R. Overlid. Erik’s focus is with the Auto and Commercial Transportation practice groups. Prior to joining Arthur Chapman, Erik worked with many of the nation’s top insurers in defending a wide variety of actions on both CGL and auto policies, as well as prosecuting subrogation matters. Outside of his insurance practice, Erik also provides cost-effective advice to businesses on non-litigated matters. Erik’s clients appreciate his advice on helping to prevent lawsuits from arising, but also ensuring his clients are prepared if litigation does happen.

Arthur Chapman is pleased to welcome attorney Hannah J. Mohs. Hannah’s practice focuses on Workers Compensation Claims. She has experience working in employer and insurer defense matters including initiation of litigation through appellate work. Her clients appreciate her strong communication skills and attention to details. Hannah graduated from Mitchell Hamline School of Law. Outside of helping her clients, Hannah enjoys live music, and escaping the city by hiking and camping.

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.

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 senior associate 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.

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is a team-oriented firm committed to providing our clients with superior legal services. We are seeking a highly motivated attorney to join our busy insurance defense civil litigation practice. The ideal candidate will possess at least two years of practical experience handling various personal injury files and/or medical malpractice claims. A strong work ethic and the ability to thrive in a team-oriented atmosphere are necessary. We are motivated to attract, recruit, and retain talented employees.

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.

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is a mid-sized law firm located in downtown Minneapolis. We seek a highly motivated associate attorney with at least 1+ years of construction law related experience to join our growing construction practice group. Preferred experience in lien law, bond disputes, property development, and contract review. 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 necessary. We are motivated to attract and recruit talented and diverse attorneys. Salary is commensurate with experience.

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 pleased to welcome two attorneys to the Workers Compensation Practice Group.

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.

OSHA recently released two sets of updated guidance. First, OSHA released an emergency temporary standard (“ETS”) to protect at-risk health care workers from COVID-19. The ETS is a binding and enforceable OSHA standard, but is only applicable to the healthcare industry.