News

Congratulations to appellate attorneys Jeff Markowitz and Steve Warner for a stellar win at the North Dakota Supreme Court. A commercial landlord tried to collect a windfall of more than $2,000,000 from their client. Arthur Chapman trial attorneys Mike Ryan, Jonathon Zentner, Corey Bronczyk, and Bradley Idelkope secured summary judgment against the claim, and Jeff and Steve defended the win on appeal. Great team effort.

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. has announced the election of Jeffrey M. Markowitz as shareholder at the firm.

Attorney, Sally Ferguson, was recognized at the ABOTA meeting last week for her contributions as 2020 President of the Minnesota ABOTA Chapter. She was recognized for her leadership and guidance through a difficult year as well as for her resourcefulness, ingenuity, and embodying stability and professionalism. Congratulations, Sally!

The Executive Order also brings new regulations for the construction industry. COVID-19 Construction under Executive Order 20-99 explains the new requirements as follows:

On Thursday, November 19 at 12 p.m. Central time, attorneys from our Wisconsin team will share an update on recent case law and trends they are seeing in Wisconsin. If you’re a claims professional and interested in joining Lee Miller, Gregory Duncan, Allison Krueger, and James Ranheim on this one-hour webinar, email info@arthurchapman.com for a link to register.

A primer on changes wrought in the wake of Justice David Lillehaug’s 2016 article on unpublished appellate decisions.

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce the addition of attorney Amber N. Garry. Amber focuses her practice on representing and counseling healthcare providers in claims of malpractice, in their dealings with professional licensing boards, and in responding to regulatory investigations. She has experience counseling health systems and healthcare professionals in risk management and compliance matters. Clients appreciate Amber’s responsiveness, attention to detail, compassion, and creative solutions.

The American Arbitration Association will be moving to a new location as of September 14, 2020. Therefore, future denial of No-Fault benefits letters sent on and after September 14, 2020 must include the new address. Here is sample language for your denial letters with the required information pertaining to the American Arbitration Association office, and contact information for filing Minnesota No-Fault Arbitration.

The Minnesota Supreme Court issued a ruling addressing the significance of a potential intervenor’s decision not to intervene when it received adequate and timely notice of its right to intervene in an employee’s pending proceeding. In Koehnen v. Flagship Marine Company, File No. A20-0053 (August 12, 2020), the Minnesota Supreme Court confirmed that pursuant to Minn. Stat. §§ 176.271, 176.291 and Minn. R. 1420.1850, subp. 3B, when a potential intervenor receives adequate and timely notice of its right to intervene but chooses not to intervene in an employee’s pending proceeding, it can be extinguished by the award on stipulation for settlement and cannot subsequently dispute the award.

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is proud to share that Steven J. Erffmeyer has been named to the Minnesota Defense Lawyers Association Board of Directors.

On July 29, 2020, the Minnesota Supreme Court released Peterson v. Western National, expanding the scope of what can be first-party bad faith in Minnesota. In the case, Peterson claimed the $250,000 limits of her underinsured motorist (“UIM”) coverage, alleging that a whiplash injury from a motor vehicle accident caused severe headaches that required quarterly Botox injections (a relatively novel treatment). Western National’s last offer before trial was $50,000. A jury awarded Peterson damages over $1.4 million. After trial, Peterson amended her complaint to allege bad faith against Western National. The bad-faith claim was tried to the district court judge who awarded $100,000 in costs and $97,940.50 in attorney fees. Western National appealed.

On August 3, a New York federal district court judge injected a great deal of uncertainty into COVID-19 paid-leave law. The Honorable Judge Paul Oetkein of the Southern District of New York vacated four Families First Coronavirus Response Act (“FFCRA”) regulations in the U.S. Department of Labor’s (“DOL”) Final Rule. The court order impacts regulations that govern the Emergency Family and Medical Leave Expansion Act (“EFMLAEA”) and Emergency Paid Sick Leave Act (“EPSLA”).

On Thursday July 30th, 2020, amid a spike in coronavirus cases, Wisconsin Gov. Tony Evers declared a Public Health Emergency and issued an Emergency Order requiring individuals to wear face coverings when indoors, or in an enclosed space, and not in a private residence––with some exceptions. The order is effective at 12:01 a.m. on Saturday, August 1, 2020, and will expire on September 28, 2020 or by a subsequent superseding order. Noncompliance with the order could land you a fine of $200.00.

Per Governor's Executive Order 20-81, on July 25, 2020, Minnesotans are required to wear a face covering in all public indoor spaces and businesses––subject to certain exceptions. Governor Walz explains this decision is inline with the CDC’s explanation that face coverings are most effective when worn by all individuals in a public setting. This “face mask mandate” will remain in effect until the legislature deems the peacetime emergency over.

Arthur Chapman is proud of the 18 attorneys selected as Super Lawyers® or Rising Stars® for 2020. 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, Kettering, Smetak & Pikala, P.A. is pleased to announce the addition of attorneys Roger H. Gross, Marissa K. Linden, Timothy P. Tobin, and R. Stephen Tillitt as well as paralegal Jaime L. Flood and legal administrative assistant Donna J. Bazoff.

In accordance with Executive Order 20-74, issued by Governor Tim Walz under the Peacetime Emergency, the construction industry and other essential services are required to create and implement a COVID-19 Preparedness Plan by June 29, 2020. On June 15 and June 25, 2020, the Minnesota Department of Labor and Industry (“MDLI”) released updates that drastically changed what was previously required to be in all Preparedness Plans. In the words of the Minnesota Associated General Contractors (“AGC”), the June updates have been a, “180-degree change from how the industry has been operating for the last 10 weeks.”

Jarrod Anderson is a 2020 J.D. graduate of the University of Iowa College of Law. Prior to attending law school, Jarrod was the Executive Director of the Red Cross of Western North Dakota. He earned his Bachelor in Political Science at The American University School of Public Affairs in Washington, D.C. Jarrod plans to sit for the 2020 bar exam this year. Welcome to the team, Jarrod!

The EEOC has clarified that while employers may test, or require the testing, of employees for COVID-19 using accurate testing methodologies, they may not require employees to take COVID-19 antibody tests. Read more on this update, here. Arthur Chapman also has a COVID-19 Task Force with additional news and resources.

On Monday, June 15, the United States Supreme Court ruled that Title VII of the Civil Rights Act of 1964, which, among other things, prohibits discrimination on the basis of “sex”, forbids employers from discriminating based on sexual orientation and gender identity.