The post Aggressively Advocating For Truck Accident Victims And Their Families appeared first on Vogel Law Firm.
]]>Accidents involving 18-wheelers or other large trucks result in catastrophic injuries and deaths throughout the Upper Midwest. A critical first step to obtain the compensation you or a loved one deserve is to begin the investigative process as soon as possible after an accident to determine the cause and responsibility.
Our team of Truck Accident Attorneys handle cases throughout North Dakota, Minnesota, South Dakota, and other parts of the United States. We are backed by decades of collective experience and the resources of one of the largest firms in the tri-state area.
Our Personal Injury Attorneys work tirelessly to get to the root cause of any accident. This is especially important in trucking collisions, as our clients are typically going up against large trucking companies with teams of highly-trained attorneys and insurance adjusters who are often on the scene before the wreckage can be cleared from the roadway. It is important to have an attorney who is well-versed in handling these types of personal injury and wrongful death cases and knows what to look for when proving fault.
Many times one or more of the following will be found to be the cause of a truck accident:
In most cases, we can place the fault on the truck driver, the trucking company, or a second trucking company that is working in tandem with the involved semi-tractor trailer. If you have been involved in a collision with a commercial vehicle, you need someone on your side who will fight aggressively for your rights. Our Personal Injury Attorneys are dedicated to seeing you are justly compensated for your losses.
Reach out for a consultation by calling 701-237-6983 or by sending us a message via our contact form.
Pat Weir Jr. and Rob Manly, Personal Injury and Wrongful Death Attorneys
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]]>The post Telehealth’s Rise and Fall: Navigating the Legal Landscape appeared first on Vogel Law Firm.
]]>The rise in telehealth services occurred in many jurisdictions without telehealth specific regulations or guidance. The law, in turn, played catch-up against a backdrop of ever-increasing remote offerings and the legitimate need for the same. While the reported usage of telehealth services has sharply declined in the last two years, it is clear that virtual care in some form is here to stay. Telehealth also presents important questions regarding which jurisdiction’s laws governing telehealth apply and when.
Telemedicine is defined under North Dakota law as the practice of medicine using electronic communication, information technologies, or other means between a licensee, defined to include physicians, resident physicians, or physician assistants licensed to practice in North Dakota, in one location and a patient in another. It includes direct, but remote, patient care, store-and-forward technology, and remote monitoring. North Dakota law explicitly provides that the same standard of care and ethical obligations apply whether practicing traditional in-person medicine or telemedicine. Providers should practice telemedicine only in areas in which they have demonstrated competence, based on education, training, ability and experience, giving consideration to board certifications and specialty group telemedicine standards.
To provide telehealth services, a licensee is first required to establish a bona fide relationship with the patient prior to diagnosis or treatment. This requires, under North Dakota law, an examination or evaluation. While the examination or evaluation may be performed entirely through telemedicine, the examination must be the functional equivalent of an in-person assessment. Importantly, an online questionnaire or audio conversation, without more, do not satisfy this requirement. Alternatively, a licensed provider, practicing within their scope of practice, can conduct an in-person examination or evaluation as an intervening intermediary and report the necessary physical findings to the telehealth provider. Importantly, those engaging in telemedicine are subject to all North Dakota laws regarding the adequacy, retention, and provision of medical records and must have the ability to make appropriate referrals if necessary, including for emergent care. There are also specific restrictions on prescribing controlled substances via telemedicine of which every provider should be
aware. Opioids may only be prescribed through telemedicine if prescribed as an FDA-approved medication assisted treatment for opioid use disorder or to a patient in a hospital
or long-term care facility. Licensees prescribing controlled substances via telemedicine must also comply with all governing state and federal laws regarding the prescription of a controlled substance and are required to participate in North Dakota’s prescription drug monitoring program. Expansion of telehealth services may help address provider shortages, extend provider careers, and afford patients alternative and additional platforms to receive quality care they would otherwise not have easy or cost-effective access
to. However, in addition to evolving state-specific telehealth regulations, providers should also be sure to carefully consider HIPAA, state privacy laws, CMS regulations regarding reimbursement, and any third-party payor contracts for potential restrictions or limitations reflective of the remote platform before engaging in telemedicine.
https://www.ndmed.org/news-and-publications/nd-physician-magazine/
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]]>The post 2024 The Best Lawyers in America & Ones to Watch appeared first on Vogel Law Firm.
]]>Our firm is proud to have 16 lawyers recognized in The Best Lawyers in America® and 8 lawyers recognized in the Best Lawyers: Ones to Watch® in America 2024 editions. These recognitions by Best Lawyers signify excellence in practice and are based on comprehensive peer-review surveys. This year’s survey comprised of more than 16.1 million confidential evaluations by top attorneys and almost 58,000 voters responded to the surveys. The purely peer review methodology is at the core of Best Lawyers credo, as they truly believe the best lawyers know who the best lawyers are.
For the 2024 edition of The Best Lawyers in America®, more than 13.7 million votes were analyzed, which resulted in more than 76,000 leading lawyers included in the milestone 30th edition. The Best Lawyers: Ones to Watch® in America had more than 2.4 million votes, which resulted in more than 25,000 lawyers honored in the new edition.
Our firm’s awarded lawyers are:
Current Recognized Lawyers, Vogel Law Firm, The Best Lawyers in America (2024 Edition)
Bruce D. Quick (1999)
Bet-the-Company Litigation
Criminal Defense: General Practice
Criminal Defense: White-Collar
DUI / DWI Defense
Matthew L. Thompson (2024)
Business Organizations (including LLCs and Partnerships)
Brent Edison (2024)
Commercial Litigation
Litigation – Insurance Professional Malpractice Law – Defendants
Robert Stock (2024)
Commercial Litigation
Litigation – Insurance
Mass Tort Litigation / Class Actions – Plaintiffs
Joshua Swanson (2024)
Construction Law
Mark A. Friese (2010)
Criminal Defense: General Practice
Criminal Defense: White-Collar
DUI / DWI Defense
Lisa Edison-Smith (2010)
Employment Law – Management
Labor Law – Management
Litigation – Labor and Employment
Tami Norgard (2008)
Environmental Law
Litigation – Environmental
Water Law
Jerilynn Brantner Adams (2010)
Family Law
Angie E. Lord (2006)
Health Care Law
Robert G. Manly (2021)
Litigation – Trusts and Estates
H. Patrick Weir Jr., Jr. (2012)
Personal Injury Litigation – Plaintiffs
M. Daniel Vogel (2007)
Product Liability Litigation – Defendants
Professional Malpractice Law – Defendants
C. Nicholas Vogel (1989)
Tax Law
Trusts and Estates
Monte Rogneby (2024)
Litigation – Land Use and Zoning
Brenda L. Blazer (2009)
Medical Malpractice Law – Defendants
**The year in parenthesis is the first edition year the lawyer was recognized in Best Lawyers for any practice area.
Current Recognized Lawyers, Vogel Law Firm, The Best Lawyers in America: Ones to Watch (2024 Edition)
R.J. Pathroff (2024)
Commercial Litigation
Construction Law
Oil and Gas Law
Real Estate Law
Diane M. Wehrman (2023)
Commercial Litigation
Oil and Gas Law
Real Estate Law
Seth A. Thompson (2021)
Construction Law
Labor and Employment Law – Management
KrisAnn Norby-Jahner (2021)
Education Law
Labor and Employment Law – Management
Bennett Johnson (2021)
Environmental Law
Briana L. Rummel (2024)
Insurance Law
Medical Malpractice Law – Defendants
Jordan B. Weir (2023)
Commercial Litigation
Insurance Law
Litigation – Real Estate
Litigation – Trusts and Estates
Personal Injury Litigation – Defendants
Andrew D. Smith (2021)
Corporate Law
Mergers and Acquisitions Law
Real Estate Law
Securities / Capital Markets Law
*The year in parenthesis is the first edition year the lawyer was recognized in BestLawyers for any practice area.
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]]>The post Vogel Announces 2024 Management Committee, Led By Andrew Smith appeared first on Vogel Law Firm.
]]>After completing his term as President, Rob Manly, announced our new President, Andrew Smith at the annual December attorney meeting. Andrew is a member of the firm’s real estate and business transactions groups, and has served the firm in various committee and operational roles since joining the firm. Andrew will continue to provide services to his clients while helping guide the firm moving forward into the future.
Former Vogel President, Rob Manly has led the firm through tremendous growth during his term as President. Rob’s tenure demonstrated a steadfast dedication to the law firm’s long-time core values of excellence and integrity in an atmosphere of mutual respect and cooperation. Rob will continue to serve a vital role in the firm’s future as a shareholder with an active and growing litigation practice, and is appreciative of the role he played in continuing the firm’s legacy as a leader in the community and legal profession.
Management Committee Election
Vogel has built a reputation for an unwavering commitment to driving exceptional results for its clients, along with leading legal expertise and community engagement. The firm’s strong leadership team are key architects behind our growth and dedication to a collaborative and inclusive culture.
Along with the election of the President, Drew Hushka was elected Secretary and will serve on the firm’s Management Committee along with returning committee members Jerilynn Brantner Adams, Jesse Walstad, and Matthew Thompson. This Management Committee works closely with the firm’s operations team and is dedicated to further enhancing the firm’s reputation as an industry leader known for its exceptional legal services across a wide range of practice and industry areas.
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]]>The post Proper Tires Can Save Lives appeared first on Vogel Law Firm.
]]>It’s that time of year again when we start our day reading and hearing about the previous day’s collisions, injuries, and deaths. Most recently we have read:
“5-year-old killed in rollover crash”
“Passenger injured in rollover on I-29”
“Driver killed in pickup rollover crash on I-94”
The common cause for these accidents is the seasonal change in road conditions from “dry” and “clear” to roads packed with snow and ice due to snowfalls and freezing temperatures. The change in road conditions causes vehicles to lose traction and spin out of control and to take longer to stop.
The best thing a vehicle owner can do to prevent a winter-time accident is the use of proper tires, preferably a tire designed for winter driving. Winter tires that enhance traction and stopping distances under snowy and icy conditions will vastly improve your safety as a vehicle operator.
Because your tires are the only thing on your vehicle that touch the road, they should be considered your vehicle’s single most important safety feature. Make sure your tires are in good working condition. For starters, you should check the tire tread every time you get your oil changed and check the tire pressure every time you fill-up with gas. Rotate your tires to maintain an even tread-life.
Without a good set of tires, the operator will lose grip on the roadway and be more likely to slip and skid which can cause dangerous accidents and catastrophic results. A good tire tread is needed to maintain proper handling on the road surface and is vitally important to controlling the direction of and ability to stop your vehicle. Your tire’s tread is how your vehicle “grips the road” and a tire that can’t hold onto the road will inevitably cause you to slide, rollover, or collide with other vehicles.
Today, many vehicles have computer monitors that alert the operator to low tire pressure. While it may be a common annoyance that “low tire pressure” warnings are triggered after a vehicle sits outside at night during a change in temperature, the warning should not be ignored. If you are involved in a serious crash where injury or death results, an ignored tire-pressure warning will be discovered and used to show how it was a factor in causing an accident.
Stay safe this winter and protect yourself and those you love by using a proper tire when driving; preferably a good winter tire.
If you have a personal injury claim or a claim for the wrongful death of a loved one, do not hesitate to contact the Personal Injury Attorneys at the Vogel Law Firm. We are here to help you obtain the compensation you deserve. Get started with our firm today. Call our office today at 701-237-6983 or contact us online at www.vogellaw.com to schedule a consultation.
Pat Weir, Personal Injury & Wrongful Death Attorney // Briana Rummel, Personal Injury & Wrongful Death Attorney
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]]>The post EEOC guidance on harassment in the workplace appeared first on Vogel Law Firm.
]]>For the first time since 1999, the Equal Employment Opportunity Commission (“EEOC”) recently proposed updating its Enforcement Guidance on Harassment in the Workplace, which provides EEOC staff with direction for investigating, adjudicating, and litigating harassment claims. The proposed Guidance places an emphasis on sexual harassment but also covers harassment based on other protected characteristics, such as race, color, national origin, religion, disability, genetic information, and age.
Although this proposed Guidance would not be legally binding if it is enacted, it nevertheless provides employers important insight into the EEOC’s view on harassment issues, and courts may consider the Guidance as informative or persuasive in deciding harassment claims. It also outlines the following ways for employers to prevent and correct harassment in the workplace:
Effective Anti-Harassment Policies, which should clearly define the prohibited conduct; be disseminated and comprehensible to all workers (taking into account language barriers); and widely mandate reporting of prohibited conduct (including by supervisors) with explanation of the complaint process and anti-retaliation/confidentiality protections.
Effective Complaint Processes, which should allow for prompt and effective investigations and corrective action and protect complainants with adequate confidentiality safeguards and anti-retaliation protections. The Guidance further recommends retention of all records related to harassment complaints and investigations to allow employers to identify patterns of harassment.
Effective Training Processes, which should be regularly conducted and tailored to each workplace to describe the prohibited conduct; explain anti-harassment policies and complaint processes; provide information about employees’ rights; and educate supervisors and managers about preventing, identifying, stopping, reporting, and correcting harassment.
Employers should watch for any final guidance adopted by the EEOC and recognize that the EEOC is taking a special interest in combatting unlawful harassment in the workplace. Reach out to a member of our Vogel Law Firm Labor and Employment Team for questions about implementing effective policies and processes consistent with the proposed Guidance.
Collin Poolman, Associate // MacKenzie Hertz, Employment and Labor Law Attorney
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]]>The post 2024 Best Law Firm appeared first on Vogel Law Firm.
]]>Best Law Firms®Independent Rankings Highlight Top Firms in the Industry Today and Key Trends Driving Successful Firms Toward the Future
Augusta, Georgia, November 2, 2023 – Best Lawyers®, the oldest and most respected Purely Peer Review® research and accolades company in the legal profession, today announced the release of the 14th edition of the United States Best Law Firms® rankings. This year’s rankings mark the first year that Best Lawyers has released the bellwether listings independently on a dedicated website: www.bestlawfirms.com. They also highlight a new strategic direction for Best Law Firms as the company expands across additional categories and geographic regions.
The 2024 rankings are based on Best Law Firms’ proven methodology that relies on qualitative and quantitative data on legal skillset, achievements and client successes collected through a submission process managed by Best Lawyers. This year’s edition awarded national Best Law Firms recognitions to 2,202 firms and 16,324 firms received Best Law Firms regional recognitions. In addition, 64 firms leading the charge earned the distinguished “Law Firm of the Year” designation across the 75 nationally ranked practice areas.
“These rankings – our first independently published rankings and 14th edition – serve as a true North Star for the industry,” said Best Lawyers CEO Phillip Greer. “We know that the legal profession–like so many industries today–is undergoing a transformation led by proliferating technology, global demands and evolving social norms. Through these rankings, we can not only identify the gamechangers for law firms today, but also focus on key issues such as integrating AI and addressing DE&I that are positioning them and the profession for future success.”
The 2024 rankings, which are distributed to more than 30,000 C-Suite and in-house counsel through our standalone publication, were evaluated from the largest participation pool to date, which incorporate more than 97,000 client submissions, more than 2.8 million Best Law Firms votes on ballots and more than 13.7 million evaluations of more than 23,000 firms. The rankings highlight a unique combination of high-quality law practices and the full breadth of legal expertise that has always been differentiated by the credibility and transparent rankings process developed by Best Lawyers.
The 2024 Best Law Firms rankings can be accessed at www.bestlawfirms.com.
ABOUT BEST LAW FIRMS®
Debuted in 2010, Best Law Firms® is the most credible rankings of exceptional law firms, rooted in a rigorous, peer-to-peer, industry-driven evaluation. Achieving a tiered ranking in Best Law Firms signals a unique combination of quality law practice and breadth of legal expertise. Ranked firms, presented in three tiers, are recognized on a national and metro-based scale.
The Best Law Firms research methodology includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field and review of additional information provided by law firms as part of the formal submission process.
Best Law Firm’s time-tested reputation and a future-focused commitment to innovation provides legal professionals with an elevated stature, validation and confidence that comes from being part of, and working with, a Best Law Firms honored practice.
ABOUT BEST LAWYERS®
Best Lawyers® is the oldest and most respected peer-review research and accolades company in the legal profession. Our data is a trusted resource and valued reference for legal professionals and the clients and business partners they serve. Best Lawyers compiles extensive recognitions by conducting exhaustive peer-review surveys in which tens of thousands of leading lawyers confidentially evaluate the work of their fellow legal professionals within their local market and specialty. Best Lawyers awards are published in leading local, regional and national publications across the globe. Our awards and recognitions are based purely on the feedback we receive from these top lawyers. Lawyers are not required or allowed to pay a fee to be listed; therefore, recognition by Best Lawyers is considered a singular honor.
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]]>The post The Three Most Common Causes of Distracted Driving appeared first on Vogel Law Firm.
]]>While there are several distractions that contribute to this issue, a few are more prominent than others. A survey performed by Erie Insurance in 2018 attempted to identify these common distractions in order to gain a better understanding of how to prevent distractions while driving. The following causes of distracted driving were most prevalent in the results of the survey.
Daydreaming
The survey results revealed that the most common cause of distracted driving is daydreaming. This refers to drivers who are thinking about something else, which shifts their focus from the road. It could be as simple as wondering whether you remembered to lock the door to your home or as complex as analyzing an argument you had with your significant other. Of the people surveyed, 61% revealed that daydreaming or becoming lost in thought was the greatest distraction while driving.
Cell Phones
It should come as no surprise that cell phone use came up as one of the top three reasons for distracted driving. Texting and driving are a common reason for distracted driving, but there are a variety of other ways your cell phone can be a distraction. This is why many states have passed laws prohibiting use of a cell phone while driving unless it is in a “hands-free” mode. The survey results reveal that cell phone usage is the second-most common distraction at 14%. You can help make the road a safer place by putting your phone down or, at the very least, pulling over when you need to make a call or send a text. Following a collision, cell phone records are often obtained to prove a driver was distracted by a call or text at the time of or shortly prior to an accident.
Outside Distractions
Looking out the window at something interesting or when prompted by a passenger to “look at that” have been cited as examples of the third most common cause of distracted driving. Taking your eyes off the road to look at something outside your vehicle frequently leads to automobile accidents. The best way to avoid this issue is to make sure that your focus is always on what is in front of you. Don’t let evidence of your distracted driving be used against you to explain why others were injured in a collision.
If you have been involved in an automobile or truck accident, the insurance company will be looking at your conduct to see if the blame can be put on you because you were “distracted.” For that reason, it is important to have an attorney who is well-versed in handling these types of personal injury and wrongful death cases and knows what to look for when proving fault.
If you have been injured in an accident, you need someone on your side who will fight aggressively for your rights. Our Personal Injury Attorneys are dedicated to seeing you are justly compensated for your losses and will protect your interests.
Reach out for a consultation by calling 701-237-6983 or by sending us a message via our contact form.
Pat Weir Jr. and Rob Manly, Personal Injury and Wrongful Death Attorneys
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]]>The post Mark Friese, 2023 North Dakota Department of Corrections and Rehabilitation Meritorious Service Coin Award appeared first on Vogel Law Firm.
]]>Photo caption: Representative Shannon Roers Jones, Mark Friese, and Drug Court Coordinator Kristen Kemele at the September 13th ceremony
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]]>The post U.S. Department of Labor has proposed a new rule yesterday that would raise the salary threshold for exempt employment, impacting up to 3.6 million salaried workers appeared first on Vogel Law Firm.
]]>The proposed rule addresses Section 13(a)(1) of the FLSA, which exempts certain white-collar salaried employees from minimum wage and overtime pay, including bona fide executive, administrative, professional, and outside-sales employees, as well as some computer employees. The proposed rule would significantly raise the exempt salary threshold from $684 per week to $1,059 per week, meaning an employee would need to earn approximately $55,000 per year (as opposed to the current $35,568 per year) to be classified as exempt. The annual compensation threshold to qualify for an exemption as a highly compensated employee would also increase under the proposed rule from $107,432 to $143,988. In addition, the DOL has proposed automatic updates to the salary thresholds every three years.
In all, the DOL estimates that the proposed new rule would extend overtime protections to 3.6 million salaried workers. The proposed rule is not yet the law and must go through a minimum 60-day comment period before being finalized. This comment period could result in changes or challenges to the proposed rule, which is not likely to be finalized until 2024. Despite this uncertainty, employers should begin preparations now to implement the proposed rule.
Employers should begin by identifying workers who fall between the current salary threshold and the proposed new threshold. In such cases, employers should prepare for the difficult decision to either raise those employees’ salaries or reclassify them as non-exempt and, thus, eligible for overtime. Employers should consider beginning to track these employees’ hours now to assess the potential impact of reclassification to non-exempt status. In addition, employers should prepare to have proactive conversations with impacted employees, who might otherwise view reclassification to non-exempt status as a demotion.
We will continue to monitor the DOL’s wage-and-hour law developments. For further information or questions about the proposed rule’s potential impact on your workforce, contact a member of the Vogel Law Firm’s Employment and Labor Law Team.
MacKenzie Hertz, Employment and Labor Law Attorney
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