News

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.

Join construction attorneys Juan Avila and Corey Bronczyk for a panel discussion hosted by MCA & CSI.

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, 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 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.

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.

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