All Categories

New Minnesota Law Aims to Curtail Opportunistic Disability Lawsuits by Mandating 60-day Notice Period

On May 23, 2017, Minnesota Governor Mark Dayton signed new legislation (H.F. 1542) that is expected to curb the growing number of plaintiff lawsuits in the state that allege non-compliance with the architectural accessibility requirements of the Minnesota Human Rights Act (“MHRA”). The bill—which passed through the Legislature with strong bipartisan majorities and took effect […] More >

501(r) Audits Are Here: What You Need to Know

The Affordable Care Act imposed new requirements on tax-exempt hospitals under Section 501(r) of the Internal Revenue Code. Section 501(r) and its implementing regulations present a complex framework intended to promote “charitable” behavior by tax-exempt hospitals. By way of example, 501(r) requires a hospital to assess and address community health needs and to adopt billing and collection practices aimed at ensuring that patients who have a limited ability to pay for care are treated fairly. More >

Nilan Johnson Lewis Welcomes Krista Narveson

Minneapolis-based law firm Nilan Johnson Lewis is pleased to announce Krista Narveson has joined its product liability team as a litigation paralegal. She will be contributing her considerable expertise and more than eight years in the legal profession to a range of work with the product liability team, from mass tort class actions to the defense of personal injury lawsuits. More >

Short-Term Disability Claim Denial Based on Back Pain Claim Upheld – Medical Diagnosis Alone Insufficient to Support Claim

The District Court of Minnesota, in Braden v. ATT Umbrella Benefit Plan No. 3, 2017 WL 1047257 (D. Minn. Mar. 17, 2017), granted summary judgment under ERISA in favor of the plan in spite of medical evidence that the claimant could not work based on lumbar pain and degenerative disc disease. The decision is worth reading because of the court’s thoughtful assessment of the evidence and rejection of the notion that a person with a documented history of back surgery, reports of inability to sit at work and a supporting physician’s opinion is entitled to short-term disability benefits. More >