8:30 – 8:50 a.m.
CHECK-IN & CONTINENTAL BREAKFAST

8:50 – 9:00 a.m.
INTRODUCTION

9:00 – 9:30 a.m.
Subrogation Issues in Resolving Motor Vehicle Accident Cases
Plaintiffs regularly deal with one or more subrogation nightmares in the course of resolving a motor vehicle accident claim. How the subrogation holders deal with plaintiffs’ recoveries and their flexibility or in-flexibility can have a massive impact on a plaintiff’s case. In this important segment, Paul McEllistrem will review Minnesota policies and ERISA liens – discussing the differences and the effect on not only a plaintiff’s recovery but whether or not a case can settle or must get tried. Paul will also review a challenging ERISA subrogation/reimbursement decision from the 8th Circuit Court of Appeals which will significantly affect cases involving minors.
– Paul McEllistrem

9:30 – 10:00 a.m.
The Medicare Mess – Chapter 1 Liens and Chaos – Plaintiff’s Perspective
What do you do when Medicare isn’t cooperating? Or isn’t responding through the portal? Or won’t 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

10:00 – 10:30 a.m.
A View from the Stearns County Bench
Hear what happens in a Stearns County Courtroom from a Judge’s perspective. In this exciting segment, former defense attorney turned trial court Judge Laura Moehrle will share her observations from pre-trial motion practice, to voir dire, to opening and closing statements, to introducing evidence, to examining witnesses. Judge Moehrle will describe these aspects of trial practice including the good, the bad and the ugly. You will not want to miss this entertaining and inspirational segment.
– Honorable Laura Moehrle

10:30 – 10:45 a.m.
BREAK

10:45 – 11:15 a.m.
The Medicare Mess – Chapter 2 Liens and Exposure – Defense Perspective
What is a defense lawyer to do in order 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

11:15 – 11:45 a.m.
Injections and Radio Frequency Ablations 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. Defense attorney Nick Klehr has worked up hundreds of these types of motor vehicle accident cases and tried many to verdict. Nick will be presenting his strategies for assessing the quality of an injection case or an RFN case – and also his strategies for defending these kinds of cases including motions in limine and the use of expert medical opinions to assess and try cases to verdict. Do not miss this exciting segment of the seminar and learn from an extremely specialized and experienced defense attorney.
– Nick Klehr

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

12:00 – 1:00 p.m.
LUNCH (on your own)

1:00 – 1:30 p.m.
Accident Reconstruction Issues in Motor Vehicle Accident Cases
Who works with motor vehicle accidents more than personal injury attorneys and insurance defense attorneys? That would be reconstructionists from the Minnesota State Patrol. In this new segment you will hear from Sergeant Dan Dixon a State Patrol reconstructionist about his work – from when he arrives at the scene of a crash to when the report is completed. You will learn about the training, data analysis, technology, as well as the process that the State Patrol uses in analyzing motor vehicle accidents. Sergeant Dixon will review these considerations and also discuss issues relating to trial testimony and other inside information that you will not want to miss.
– Sergeant Daniel Dixon

1:30 – 2:00 p.m.
Top 10 Mistakes in Motor Vehicle Accident Mediations and How To Avoid Them
What are the dumbest and most common mistakes made in mediations? And why do they keep happening? In this fun segment, two experienced defense lawyers who also mediate cases as neutrals will focus on the top 10 mistakes they see in mediations; why they might get made again and again; and, what can be done to avoid or prevent them going forward. Defense lawyers and Mediators Lee Miller and Steve Warner will share their views of mediation preparation, mediation behavior and what either party can do to maximize the chances of having a productive mediation session.
– Lee Miller & Steve Warner

2:00 – 2:30 p.m.
Dram Shop Claims in Motor Vehicle Accident Cases
What happens when a motor vehicle accident involves a drunk driver? How do you effectively analyze the viability of a dram shop claim and what are the common pitfalls if you choose to pursue one. What are the evidentiary issues which arise from bringing a dram shop claim, and ultimately, proving them up at trial? And, what are the risks in settling piece meal in a motor vehicle accident case with a potential dram shop case? And finally, how do you accurately assess the actual settlement value in a dram shop claim so that it might have a chance to settle it at mediation? Steve Tomsche is an extremely experienced dram shop defense attorney, and he will be reviewing these challenging topics in this segment which is a must see for personal injury practitioners.
– Steve Tomsche

2:30 – 2:45 p.m.
BREAK

2:45 – 3:15 p.m.
Litigating Motor Vehicle Accident Cases Involving Commercial Vehicles – It’s Not the End Of The Road!
Attorney Chris Malone and Rachel Beauchamp will discuss the practical considerations when defending commercial trucking claims in the age of “Runaway Juries”, “Nuclear Verdicts”, and other histrionics. Analyzing and discussing prior case outcomes and the current jury trends, this segment will discuss the differences between commercial trucking cases and ones involving garden variety auto collisions in today’s litigation climate.
– Chris Malone & Rachel Beauchamp

3:15 – 3:45 p.m.
Rookie Report – Trying A Motor Vehicle Accident Case Without Years Of Experience
Racey Rodne is trying cases like his job depends on it. He faces adversaries that regularly have more years and more trials than he does. So, he focuses on what he can do that is most effective and consistent with his style. He will share his observations about what works and what leads to disaster in front of juries in Minnesota cases involving motor vehicle accident cases from the perspective of a rising rookie.
– Racey Rodne

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

4:15 – 4:30 p.m.
QUESTIONS & ANSWERS

LIVE IN-PERSON
Wednesday, May 24, 2023
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota

ONLINE REPLAY
Friday, June 9, 2023
Attend online
A moderator will be available to answer questions by email.

$295 MSBA members / $295 paralegals / $345 standard rate

Other discounts that may apply:

• Season Pass Discount
• New Lawyer Discount

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 6.0 standard CLE credits. The maximum number of total credits attendees may claim for this program is 6.0 credits.