2020 MOTOR VEHICLE ACCIDENT CASES IN MINNESOTA: HANDLING THE TOUGH ISSUES
Live Webcast Seminar
ITEM #:  2032522101   |   EVENT CODE:  PENDING    |   CREDIT STATUS:  PENDING
MEMBER PRICE
$295.00
STANDARD PRICE
$365.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

IN-PERSON PASSHOLDERS:
You may use your Pass to register for the live webcast at no charge.

ONLINE

Tuesday, September 29, 2020

8:50 AM - 4:15 PM

LIVE ONLINE ONLY – NO IN-PERSON ATTENDANCE
In-Person Passholders – You may use your Pass to register for the live webcast at no charge.

2020 Motor Vehicle Accident Cases in Minnesota: Handling the Tough Issues

Featuring the Minnesota Motor Vehicle Accident Deskbook

Attendees Receive a 1-Year Subscription to the Minnesota Motor Vehicle Accident LinkedLaw eDeskbook

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! Thirty-three dedicated authors have researched and drafted these chapters in areas where they are the experts. 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’s no doubt that your practice will be more efficient and more effective using the Minnesota Motor Vehicle Accident Deskbook.


Seminar Highlights Include:

  • First Party Bad Faith
  • Best Practices for Preparing Your Motor Vehicle Accident Case for Either Mediation or Arbitration 
  • A View from the Hennepin County Bench
  • Unique Issues in Identifying Additional Underinsured Motorist Coverage in Motor Vehicle Accident Cases 
  • Workers’ Compensation Subrogation Issues in Motor Vehicle Accident Cases
  • Ride-Sharing and Other Non-Driver Based Chaos 
  • No-Fault Abuse: How to Avoid Going to Jail!
  • Litigating Motor Vehicle Accident Cases Involving Traumatic Brain Injuries – Plaintiffs and Defendants
  • And Much More!

8:30 – 8:50 a.m.
JOIN ONLINE


8:50 – 9:00 a.m.
INTRODUCTION


9:00 – 9:30 a.m.
Collateral Source Issues in Discovery and in Post-Trial Motions
Are plaintiffs required to disclose collateral sources prior to trial? What is fair game and what need not be disclosed to the defense prior to collateral source motions? Who gets the benefit of the Brewster offset in Medicare and Medical Assistance situations? Is there a meaningful difference to the defense between ERISA health plans and those governed by Minnesota Statutes section 62A.095? Andrew Rorvig and Paul McEllistrem will review collateral source procedure, substantive law, and pre-settlement tactics to illustrate effective ways to move the case and maximize settlement opportunities. 
– Andrew Rorvig; McEllistrem, Fargione, Landy, Rorvig & Eken, P.A.
– Paul McEllistrem; McEllistrem, Fargione, Landy, Rorvig & Eken, P.A.


9:30 – 10:00 a.m.
A View from the Hennepin County Bench
Hear what actually happens in the courtroom during a motor vehicle accident case. Learn how juries have reacted to different types of evidence and trial presentations. The Honorable Joseph Klein, Hennepin County District Court, will share trial experiences as a trial court judge presiding over numerous motor vehicle accident cases.
– Honorable Joseph R. Klein; Hennepin County District Court


10:00 – 10:30 a.m.
Best Practices for Preparing Your Motor Vehicle Accident Case for Either Mediation or Arbitration
What are some of the common mistakes plaintiff attorneys and defense attorneys make in preparing their cases for mediation? How do plaintiff attorneys maximize their outcomes at mediation and what must be done before mediation begins? How can a pre-suit mediation be useful as opposed to premature? Learn some of the most common pitfalls that can be anticipated and avoided to best serve your client at mediation. Hear from defense lawyer and ADR neutral, Lee Miller, who will discuss his experiences as both a practitioner as well as a mediator.
– Lee Miller; Arthur Chapman P.A.


10:30 – 10:45 a.m.
BREAK


10:45 – 11:15 a.m.
Unique Issues in Identifying Additional Underinsured Motorist Coverage in Motor Vehicle Accident Cases
Identifying all available UIM excess coverages is as complex as ever. Do you know whether or not you’ve exhausted all possible coverages in your plaintiff’s case? Are there valid arguments to be made for additional coverages based upon expansive policy language? Mike Fargione will review a new development in UIM excess coverage issues and will share his view of some potentially surprising results from policies with expansive UIM language. 
– Michael Fargione; McEllistrem, Fargione, Landy, Rorvig & Eken, P.A.


11:15 – 11:45 a.m.
First Party Bad Faith
First party bad faith is still a relatively new, uncharted territory in Minnesota motor vehicle accident law. How does a plaintiff protect their first party bad faith claim in an underinsured motorist or uninsured motorist lawsuit arising out of a motor vehicle accident? What issues are defense attorneys and insurance companies worried about with respect to first party bad faith claims? Experienced defense attorney, Nick Klehr, will review the elements of first party bad faith as well as developments of the law and tactics and strategies utilized by defense lawyers in protecting their clients.
– Nick Klehr; LaBore, Giuliani, Shackleford, Klehr & Jensen-Lea, Ltd.


11:45 a.m. – 12:00 p.m.
QUESTIONS & ANSWERS


12:00 – 1:00 p.m.
BREAK


1:00 – 1:30 p.m.
Litigating Motor Vehicle Accident Cases Involving Traumatic Brain Injuries – Plaintiffs and Defendants
Plaintiff’s and defense attorneys have different perspectives in assessing, working up, and advocating for their clients in motor vehicle accident cases with allegations of TBIs. In this segment, hear from a plaintiff’s lawyer and a defense lawyer on a point and counterpoint conversation on common issues and pitfalls in dealing with TBIs in motor vehicle accident cases. Stephanie Balmer and Stuart Johnson have extensive experience in dealing with these cases and will co-present from both sides of the aisle.
– Stephanie Balmer; Falsani, Balmer, Peterson & Balmer
– Stuart Johnson; Reding & Pilney,LLC


1:30 – 2:00 p.m.
Ride-Sharing and Other Non-Driver Based Chaos
As more and more people use Uber, Lyft and other ride share services, the motor vehicle accident landscape evolves. Learn how the legal issues concerning claims of drivers and passengers will evolve with the changing times. Learn how ride-sharing and other similar technologically advancing means of transportation are likely to change causes of action, defenses, and defense strategies. Kyle Willems and Uzodima Franklin Aba-Onu have wrestled with these issues in their insurance defense practice. They will review some of the developing technologies and the anticipated changes to motor vehicle accident claims, defenses, and exposures on the plaintiff’s and defense practice of personal injury litigation.
– Kyle Willems; Bassford Remele
– Uzodima Franklin Aba-Onu; Bassford Remele


2:00 – 2:30 p.m.
Workers’ Compensation Subrogation Issues in Motor Vehicle Accident Cases
What happens when a plaintiff fails to send an Easterlin letter and wants to do a Naig at a mediation? Is there any way to avoid running a third-party claim through the statutory formula? What happens when the workers’ compensation carrier does a reverse Naig with the liability carrier before the case is to be settled? How important is it to get a global release for an insurance defense attorney? And how are the dynamics changed for the workers’ compensation subrogation carrier once the plaintiff has done a Naig settlement? Experienced workers’ compensation subrogation attorney Will McNulty will review basic workers’ compensation subrogation issues in motor vehicle accident cases in this must see segment of the seminar.
– Will McNulty; Arthur Chapman P.A.


2:30 – 2:45 p.m.
BREAK


2:45 – 3:15 p.m.
Personal Injury Ethics in Motor Vehicle Cases in Minnesota 
What ethical pitfalls are still prevalent in practicing plaintiff’s personal injury law? When are conflicts present in motor vehicle cases and how can you spot them before it is too late? When is it necessary to terminate representation due to a conflict in a motor vehicle case? Who can you talk to about your client’s case and how much can and should you disclose? What type of work can be done by staff and what constitutes the unauthorized practice of law in violation of the ethics rules? Attorney Nick Ryan will review these complex topics and provide a rules update in this important segment.
– Nick Ryan; Law Office of Eric Cooperstein PLLC


3:15 – 3:45 p.m.
No-Fault Abuse: How to Avoid Going to Jail!
How did we get to the point where personal injury lawyers are going to prison? How did we get to the point where practicing chiropractors are going to prison? Is no-fault abuse getting worse? Plaintiff lawyer Andrew Rorvig and defense lawyer Mike Skram will review this unfortunate topic and lay out some basic strategies of how not to go to prison.
– Andrew Rorvig; McEllistrem, Fargione, Landy, Rorvig & Eken, P.A.
– Mike Skram; O’Meara, Leer, Wagner & Kohl, P.A.


3:45 – 4:15 p.m.
QUESTIONS & ANSWERS

LIVE WEBCAST
Tuesday, September 29, 2020
Attend online

IN-PERSON REPLAYS
There are no replays.

$295 MSBA members / $295 paralegals / $365 standard rate

Other discounts that may apply:

Scholarships available!
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 customerservice@minncle.org.

Minnesota CLE is applying to the Minnesota State Board of CLE for 5.75 standard CLE credits. The maximum number of total credits attendees may claim for this program is 5.75 credits.

Attendees will receive a 1-year subscription to the updated 6th Edition of the Minnesota Motor Vehicle Accident 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.

MEMBER PRICE
$295.00
STANDARD PRICE
$365.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

IN-PERSON PASSHOLDERS:
You may use your Pass to register for the live webcast at no charge.

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