You may use your Pass to register for the live simulcast at no charge.
Wednesday, June 1, 2022
8:50 AM - 4:30 PM | Check-In: 8:30 AM
Minnesota CLE Conference Center
600 Nicollet Mall # 370
3rd Floor, City Center
Minneapolis, MN 55402
|REGISTRATION IS OPEN FOR BOTH IN-PERSON AND ONLINE ATTENDANCE|
If in-person attendance becomes unavailable, online access will automatically be available through your website account.
In-Person Passholders – You may use your Pass to register for the live simulcast at no charge.
COVID safety guidelines for this event may be found HERE.
Attendees Receive the Minnesota Motor Vehicle Accident Deskbook
The Minnesota Motor Vehicle Accident Deskbook is jam-packed with 24 informational chapters including Basic Theories of Liability and Damages, Medical Subrogation Issues, Settlement Releases and Documents, Uninsured/ Underinsured Motorist Coverage, and many more! Over thirty dedicated authors with specialized expertise and decades of practice experience among them have written these chapters to be a complete and comprehensive overview of this practice area. You will find an objective analysis of the law that strikes a balance between plaintiff and defense perspectives. To practice automobile liability law in Minnesota accurately and efficiently, the Deskbook is a must. It covers nearly every practice issue imaginable, providing you with the orientation, the analysis, and the authorities you need to cite. There is no doubt that your practice will be more efficient and more effective using the Minnesota Motor Vehicle Accident Deskbook.
In-person attendees will receive the hard copy deskbook, and online attendees will receive a one-year subscription to the online LinkedLaw eDeskbook.
Seminar Highlights Include:
8:30 – 8:50 a.m.
CHECK IN - OR - JOIN ONLINE
8:50 – 9:00 a.m.
9:30 – 10:00 a.m.
Subrogation Issues in Resolving Motor Vehicle Accident Cases
Plaintiffs regularly deal with one or more subrogation nightmares while resolving a motor vehicle accident claim. How the subrogation holders deal with plaintiffs’ recoveries and their flexibility or inflexibility can have an extremely important effect on not only a plaintiff’s recovery but can even influence whether a case can settle or must be tried. Paul McEllistrem will review some of the concepts in this segment. In addition, Paul will discuss a recent ERISA subrogation/reimbursement decision from the Eighth Circuit Court of Appeals which will significantly affect cases involving minors.
– Paul McEllistrem; McEllistrem, Fargione, Rorvig & Moe, P.A.; Minneapolis
10:00 – 10:30 a.m.
The Medicare Mess – Part 1: Liens and Chaos – Plaintiff’s Perspective
What do you do when Medicare is not cooperating, is responding through the portal, or will not take unrelated charges off the lien ledger? Or is demanding payment for its interest within a few days of the settlement? What if Medicare comes knocking after you have disbursed your motor vehicle accident settlement? Andrew Rorvig will review options available to claimants with Medicare liens, Medicare Advantage Plans, and other Medicare nightmares!
– Andrew Rorvig; McEllistrem, Fargione, Rorvig & Moe, P.A.; Minneapolis
10:30 – 10:45 a.m.
10:45 – 11:15 a.m.
The Medicare Mess – Part 2: Liens and Exposure – Defense Perspective
What is a defense lawyer to do to properly assess exposure from a Medicare lien? How can a defense lawyer effectively protect the client and the insurer from an unknown Medicare exposure, both in the past and potentially in the future? Stuart Johnson will review the steps recommended in defending motor vehicle accident claims when it comes to past and future Medicare liens and set-aside risks. Stuart will discuss the types of releases he recommends during this important segment.
– Stuart Johnson; Reding & Pilney PLLP; Saint Paul
11:15 – 11:45 a.m.
The Medicare Mess – Part 3: Future Claims – Set-Asides
How can you settle a motor vehicle accident claim involving a Medicare recipient with a long- term injury requiring accident-related, ongoing medical treatment without exposing the defendant and their insurer, or the plaintiff or their attorney from future exposure? Even though Medicare is not formally requiring, or approving Medicare Set-Asides, it may be imperative that a plaintiff’s attorney consider creating a set-aside to properly consider Medicare’s nebulous interests. Mike Fargione will review this challenging and uncertain area of the law and how it might fit into a resolution of a motor vehicle accident case.
– Michael Fargione; McEllistrem, Fargione, Rorvig & Moe, P.A.; Minneapolis
11:45 a.m. – 12:00 p.m.
QUESTIONS & ANSWERS
12:00 – 1:00 p.m.
LUNCH BREAK (on your own)
1:00 – 1:30 p.m.
Injections and Radiofrequency Ablation in Motor Vehicle Accident Cases
Injection and RFA cases are not all created equal and have certain characteristics which differentiate a good one from a bad one. Dr. David Schultz is a physician specializing in interventional pain management. He has been practicing in this area for many years and has testified extensively. Dr. Schultz will be discussing injections and RFAs as well as the efficacy of repeating both types of treatment in injury cases. Do not miss this exciting segment of the seminar and learn from an extremely specialized and experienced interventional pain physician.
– Dr. David Schultz; Nura Clinics; Minneapolis
1:30 – 2:00 p.m.
ADR in Motor Vehicle Accident Cases
What makes a successful mediation in a motor vehicle accident case? What are the most important things to do to properly prepare for a mediation from either side of the aisle? Are Zoom mediations effective? How do you choose or best utilize providers of mediation and arbitration services? Defense lawyers and Mediators Lee Miller and Steve Warner will share their views of mediation preparation, mediation tactics, or strategies during the hearing itself from their years of experience doing both defense work as well as mediations.
– Lee Miller; Arthur Chapman; Minneapolis
– Steve Warner; Arthur Chapman; Minneapolis
2:00 – 2:30 p.m.
Immunity in Motor Vehicle Accident Cases
What happens when a motor vehicle accident involves a government vehicle such as a snowplow or a Metro Transit bus? Is the claim barred by immunity? How do you determine which claims can go forward and which will be barred by immunity? Sylvia Zinn will review the basics of an immunity defense and what facts or circumstances lead to a likely dismissal based upon the doctrine of sovereign immunity.
– Sylvia Zinn; Brendel and Zinn, P.A.; Saint Paul
2:30 – 2:45 p.m.
2:45 – 3:15 p.m.
Litigating Motor Vehicle Accident Cases Involving Commercial Vehicles
Insurers move quickly when faced with a large loss involving a commercial vehicle. Learn what kinds of information they are focused on obtaining and what it will be used for in a motor vehicle accident case. Chris Malone and Rachel Beauchamp will review some of their defense strategies in these types of cases and what those insurers think are important. Plaintiffs’ attorneys will not want to miss this timely and revealing segment to be prepared for the differences between a garden variety motor vehicle accident case and one involving a semi-truck or other commercial vehicle.
– Chris Malone; Cousineau, Van Bergen, McNee, & Malone; Minnetonka
– Rachel Beauchamp; Cousineau, Van Bergen, McNee, & Malone; Minnetonka
3:15 – 3:45 p.m.
Preserving Underinsured Motorist Coverage When Using a Drake v. Ryan Release
What type of release is available to a claimant in a motor vehicle accident case which will not jeopardize UIM Coverage? How can a claimant satisfy the obligation to provide appropriate notice and a legitimate right of substitution of a settlement draft by a UIM carrier in something other than a standard release? Racey Rodne has researched the issue when using a Drake v. Ryan release in a motor vehicle accident case involving multiple layers of liability insurance coverage. This segment will be crucial in understanding under which circumstances one can safely negotiate a Drake v. Ryan type release while also fully protecting the plaintiff client.
– Racey Rodne; McEllistrem, Fargione, Rorvig & Moe, P.A.; Minneapolis
3:45 – 4:15 p.m.
Unusual and Specialized Vehicles in Minnesota
With the arrival of all kinds of electric devices – scooters, electric assisted bikes, and other electric vehicles, how do they fit within the No-Fault Act? Does an accident involving one of these vehicles trigger no-fault benefits? Is riding one of them tantamount to riding a motorcycle and thus a disqualification of no-fault benefits? Kathleen Curtis will review the no-fault angle on this increasingly popular method of transportation and having fun. She will also provide a needed update on no-fault developments in Minnesota.
– Kathleen Curtis; Nilan Johnson Lewis, P.A.; Minneapolis
4:15 – 4:30 p.m.
QUESTIONS & ANSWERS
Wednesday, June 1, 2022
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Wednesday, June 1, 2022
$245 MSBA members / $245 paralegals / $295 standard rate
Other discounts that may apply:
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or firstname.lastname@example.org.
Minnesota CLE is applying to the Minnesota State Board of CLE for 6.0 standard CLE credits. The maximum number of total credits attendees may claim for this program is 6.0 credits.
In-person attendees will receive a hard copy of the Minnesota Motor Vehicle Accident Deskbook, and online attendees will receive a one-year subscription to the online LinkedLaw eDeskbook.
Can't attend? A hard copy of the Minnesota Motor Vehicle Accident Deskbook may be purchased for $189 (plus tax and handling). To order, call Minnesota CLE at 800-759-8840. A one-year subscription to the LinkedLaw eDeskbook can be purchased online for $125.