Schedule and Faculty

Schedule times listed below are for the live seminar. Times for replays may differ due to varied start times and abbreviated lunch and break periods. Please refer to the DATES/LOCATION tab for individual replay start times.

8:30 – 8:50 a.m.

REGISTRATION & CONTINENTAL BREAKFAST

8:50 – 9:00 a.m.

INTRODUCTION

– Paul F. McEllistrem, Course Chair

9:00 – 9:30 a.m.

ERISA Subrogation Developments

What are a plaintiff’s options with respect to subrogation claims governed by ERISA? What remedies do the parties have if there is a disagreement with the subro interest? Paul McEllistrem will review established ERISA law as well as a recent development and a horror story which might impact plaintiffs’ options or tactics and ability to settle difficult cases.

– Paul F. McEllistrem; Hauer, Fargione, Love, Landy, McEllistrem & Rorvig, P.A.; Minneapolis

9:30 – 10:00 a.m.

Medicare Options

What can the parties draft to protect everyone from the dreaded Medicare letter? What are the parties’ options for consummating a settlement when a Medicare interest is lurking? What should parties do when a Medicare Set Aside Trust might be necessary? Andy Rorvig will review the ever changing – but never actually known – Medicare involvement.

– Andrew J. Rorvig; Hauer, Fargione, Love, Landy, McEllistrem & Rorvig, P.A.; Minneapolis

10:00 – 10:30 a.m.

A Changing View – From Counsel Table to the Bench

Hear what actually happens in the courtroom during a motor vehicle accident case from two different perspectives. Learn how judges are dealing with evidentiary issues and trial objections during personal injury trials. And, most importantly, learn how jurors are reacting to personal injury claims these days. The Honorable Joseph Klein will share some of his trial experiences as both an insurance defense lawyer and a trial court judge.

– Honorable Joseph R. Klein; Hennepin County District Court; Minneapolis

10:30 – 10:45 a.m.

BREAK

10:45 – 11:15 a.m.

RFN Procedures and Injection Cases

Learn about radiofrequency procedures – both the medical/scientific side, and the legal side. How do medical opinions regarding future procedures affect auto accident claims from the defense perspective? Nick Klehr has litigated numerous auto accident cases involving these issues and will discuss both the science and the law relating to these developing issues.

– Nicholas L. Klehr; Labore Giuliani Cosgriff & Viltoft Ltd.; Hopkins

11:15 – 11:45 a.m.

Governmental Immunity in Motor Vehicle Accident Cases

Claims involving municipalities present different kinds of challenges in personal injury cases depending on the type of immunity sought. Road design immunity is different from snow and ice or official immunity. Knowing what to look for in discovery can make a significant difference in prosecuting claims against municipalities. Experienced litigator Jack Hennen will review when and how immunity is analyzed under the different circumstances and what you need to know before taking on such claims.

– John E. (Jack) Hennen; League of Minnesota Cities; Saint Paul

11:45 – 12:00 p.m.

QUESTIONS & ANSWERS

12:00 – 1:00 p.m.

LUNCH (on your own)

1:00 – 1:30 p.m.

Medical Assistance Issues and Strategies

Collateral Source Issues involving Medical Assistance and other state programs can present unique challenges in motor vehicle accident claims. Determining the nature of the payments will have a significant effect on the ultimate resolution of the interest. Mike Fargione has years of experience litigating cases involving these payments and will outline the different issues and strategies to help maximize recoveries for plaintiffs.

– Michael Fargione; Director of Litigation at Mid-Minnesota Legal Assistance; Minneapolis

1:30 – 2:00 p.m.

Workers’ Comp Subrogation Actions

Learn about the issues in motor vehicle accident cases involving a work comp subrogation issue. How is the existence of such an interest helpful or harmful to the individual’s claims? What options does each party have with respect to resolution of their own claims and how beneficial is mutual cooperation? Jon Lilleburg has handled many work comp subrogation claims and will share his insights on these and other related topics relating to these subrogation claims.

– B. Jon Lilleburg; Johnson-Condon P.A.; Minneapolis

2:00 – 2:30 p.m.

Mediations From All Perspectives (Panel)

Mediations often fail because the parties do not appreciate the circumstances in the other rooms. Not knowing how to prepare for mediation with your subrogation issues, your clients or your adversary can be an unnecessary impediment to settling a case. Experienced mediator Paul Rocheford will lead a panel discussion with defense lawyer, Lee Miller and Paul McEllistrem about mediation preparation and practice. Learn what makes a successful mediation in this high energy segment.

– Paul J. Rocheford (moderator); Arthur, Chapman, Kettering, Smetak & Pikala, P.A.; Minneapolis
– Lee A. Miller; Arthur, Chapman, Kettering, Smetak & Pikala, P.A.; Minneapolis
– Paul F. McEllistrem; Hauer, Fargione, Love, Landy, McEllistrem & Rorvig, P.A.; Minneapolis

2:30 – 2:45 p.m.

BREAK

2:45 – 3:15 p.m.

Underinsured Motorist Developments

Learn about the new underinsured motorist cases and their effect on carriers’ exposure and on personal injury cases. What exclusions or coverage limitations are now enforceable in light of recent appellate decisions? Attorney K.C. Ahrens reviews the Minnesota UIM appellate decisions and their effect on motor vehicle accident cases.

– Klay C. (K.C.) Ahrens; Hellmuth & Johnson PLLC; Edina

3:15 – 3:45 p.m.

Facebook and Twitter Defenses

Social Media has an ever increasing presence in our lives. What effects do social media sites and mediums have on personal injury litigation? What evidentiary effects do Facebook postings have on the potential defenses in injury claims? Are there admissibility issues involved with a defense attorney’s use of the information as direct evidence or impeachment? Shayne Hamann will discuss these and other defense perspectives on the increasing availability of this information.

– Shayne M. Hamann; Arthur, Chapman, Kettering, Smetak & Pikala, P.A.; Minneapolis

3:45 – 4:15 p.m.

No-Fault Arbitrations

Learn the latest and most effective tactics for successfully defending no-fault arbitrations, challenging arbitrator appointments, and protecting the insurer’s rights under the No-Fault Act. Tammy Reno has successfully removed arbitrators through the Standing Committee and District Courts. She has also defended many no-fault claims and will offer creative ideas in her approach to defending claims.

– Tammy M. Reno; Stich, Angell, Kreidler & Dodge, P.A.; Minneapolis

4:15 – 4:30 p.m.

QUESTIONS & ANSWERS