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  • Commentaries
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South Dakota Case Commentaries

Progressive Northern Insurance Co. v. Harvieux: Establishing Standards for First-Party Bad Faith Claims

Progressive Northern Insurance Co. v. Harvieux: Establishing Standards for First-Party Bad Faith Claims

Date: Jul 4, 2018
Progressive Northern Insurance Co. v. Harvieux: Establishing Standards for First-Party Bad Faith Claims Introduction In the landmark case of Nicole M. Harvieux v. Progressive Northern Insurance...
South Dakota Supreme Court Establishes Limits on Marsy's Law Applicability in Out-of-State Proceedings

South Dakota Supreme Court Establishes Limits on Marsy's Law Applicability in Out-of-State Proceedings

Date: Feb 15, 2018
South Dakota Supreme Court Establishes Limits on Marsy's Law Applicability in Out-of-State Proceedings Introduction The case IN RE: THE MATTER OF THE ISSUANCE OF A SUMMONS COMPELLING AN ESSENTIAL...
South Dakota Supreme Court Establishes Limits on Out-of-State Summons and Victim Rights in Witness Compulsion

South Dakota Supreme Court Establishes Limits on Out-of-State Summons and Victim Rights in Witness Compulsion

Date: Feb 15, 2018
South Dakota Supreme Court Establishes Limits on Out-of-State Summons and Victim Rights in Witness Compulsion Introduction The case In re: The Matter of the Issuance of a Summons Compelling an...
Strict Enforcement of SDCL 55-4-57(a) in Trust Contestation: Insights from In Re: The Elizabeth A. Briggs Revocable Living Trust

Strict Enforcement of SDCL 55-4-57(a) in Trust Contestation: Insights from In Re: The Elizabeth A. Briggs Revocable Living Trust

Date: Jun 29, 2017
Strict Enforcement of SDCL 55-4-57(a) in Trust Contestation: Insights from In Re: The Elizabeth A. Briggs Revocable Living Trust Introduction The case In Re: The Elizabeth A. Briggs Revocable Living...
Establishing the Correct Legal Framework for Bad Faith in Workers' Compensation Claims: Mordhorst v. Dakota Truck Underwriters

Establishing the Correct Legal Framework for Bad Faith in Workers' Compensation Claims: Mordhorst v. Dakota Truck Underwriters

Date: Sep 29, 2016
Establishing the Correct Legal Framework for Bad Faith in Workers' Compensation Claims: Mordhorst v. Dakota Truck Underwriters Introduction In James “Jake” Mordhorst v. Dakota Truck Underwriters and...
South Dakota Supreme Court Establishes Criteria for Subpoenaing Law Enforcement Personnel Records in Criminal Cases

South Dakota Supreme Court Establishes Criteria for Subpoenaing Law Enforcement Personnel Records in Criminal Cases

Date: Jul 28, 2016
South Dakota Supreme Court Establishes Criteria for Subpoenaing Law Enforcement Personnel Records in Criminal Cases Introduction In the landmark case of Minnehaha County Sheriff Mike Milstead,...
Smith v. Milstead: Establishing Strict Standards for Subpoenaing Law Enforcement Personnel Records

Smith v. Milstead: Establishing Strict Standards for Subpoenaing Law Enforcement Personnel Records

Date: Jul 28, 2016
Smith v. Milstead: Establishing Strict Standards for Subpoenaing Law Enforcement Personnel Records Introduction In the landmark case of Minnehaha County Sheriff Mike Milstead, Appellant, and State of...
Enforcement of Punitive Damages in the Absence of Compensatory Damages: O'Neill v. O'Neill

Enforcement of Punitive Damages in the Absence of Compensatory Damages: O'Neill v. O'Neill

Date: Feb 25, 2016
Enforcement of Punitive Damages in the Absence of Compensatory Damages: O'Neill v. O'Neill Introduction The case of James Anthony O'Neill v. Richard Dean O'Neill, decided by the Supreme Court of...
Sanctions for Improper Pursuit of Punitive Damages: Smizer v. Drey

Sanctions for Improper Pursuit of Punitive Damages: Smizer v. Drey

Date: Jan 7, 2016
Sanctions for Improper Pursuit of Punitive Damages: Smizer v. Drey Introduction In the landmark case of Smizer v. Drey, 873 N.W.2d 697 (Sup. Ct. S.D. 2016), the Supreme Court of South Dakota...
Negligence Per Se Requires Proximate Cause: Analysis of Stensland v. Harding County

Negligence Per Se Requires Proximate Cause: Analysis of Stensland v. Harding County

Date: Nov 25, 2015
Negligence Per Se Requires Proximate Cause: Analysis of Stensland v. Harding County Introduction In Ryan Stensland v. Harding County, 872 N.W.2d 92 (2015), the Supreme Court of South Dakota addressed...
Enforceability of Oral Guaranties and Statute of Limitations in Estate Claims: In the Matter of the Estate of Robert L. Cullum

Enforceability of Oral Guaranties and Statute of Limitations in Estate Claims: In the Matter of the Estate of Robert L. Cullum

Date: Nov 5, 2015
Enforceability of Oral Guaranties and Statute of Limitations in Estate Claims: In the Matter of the Estate of Robert L. Cullum Introduction The Supreme Court of South Dakota addressed critical issues...
Clarifying Statute of Limitations for Multi-Faceted Construction Defect Claims: East Side Lutheran Church v. NEXT, Inc.

Clarifying Statute of Limitations for Multi-Faceted Construction Defect Claims: East Side Lutheran Church v. NEXT, Inc.

Date: Aug 7, 2014
Clarifying Statute of Limitations for Multi-Faceted Construction Defect Claims: East Side Lutheran Church v. NEXT, Inc. Introduction The case of East Side Lutheran Church of Sioux Falls, South Dakota...
No Implied Duty of Care Without Custodial Control: Commentary on Prudence Millea v. Jolyn Erickson and Kelly Laughlin

No Implied Duty of Care Without Custodial Control: Commentary on Prudence Millea v. Jolyn Erickson and Kelly Laughlin

Date: Jun 19, 2014
No Implied Duty of Care Without Custodial Control: Commentary on Prudence Millea v. Jolyn Erickson and Kelly Laughlin Introduction Prudence Millea, as Special Administrator of the Estate of Kimimila...
Immunity of Fire Departments Under SDCL 20–9–4.1: Comprehensive Analysis of Gabriel v. Bauman

Immunity of Fire Departments Under SDCL 20–9–4.1: Comprehensive Analysis of Gabriel v. Bauman

Date: May 22, 2014
Immunity of Fire Departments Under SDCL 20–9–4.1: Comprehensive Analysis of Gabriel v. Bauman Introduction The case of Areyman E. Gabriel v. Tim J. Bauman, decided by the Supreme Court of South...
STATE v. PIPER: Upholding Remand Procedures and Affirming Proportional Death Sentencing

STATE v. PIPER: Upholding Remand Procedures and Affirming Proportional Death Sentencing

Date: Jan 9, 2014
STATE v. PIPER: Upholding Remand Procedures and Affirming Proportional Death Sentencing Introduction State of South Dakota v. Briley W. Piper, 842 N.W.2d 338 (2014), is a pivotal case adjudicated by...
Clarifying the Standards for Reviewing Ineffective Assistance of Counsel on Direct Appeal: State v. Hannemann

Clarifying the Standards for Reviewing Ineffective Assistance of Counsel on Direct Appeal: State v. Hannemann

Date: Nov 21, 2012
Clarifying the Standards for Reviewing Ineffective Assistance of Counsel on Direct Appeal: State v. Hannemann Introduction State of South Dakota v. Dawn Hannemann (823 N.W.2d 357) is a pivotal 2012...
Affirmation of Judicial Discretion in Withdrawing Guilty Pleas: State of South Dakota v. Schmidt

Affirmation of Judicial Discretion in Withdrawing Guilty Pleas: State of South Dakota v. Schmidt

Date: Nov 8, 2012
Affirmation of Judicial Discretion in Withdrawing Guilty Pleas: State of South Dakota v. Schmidt Introduction The case of State of South Dakota v. Sarah Elizabeth Schmidt addresses critical issues...
Ass Kickin Ranch v. North Star Mutual Insurance: Clarifying Coverage Exclusions for Unassembled Property

Ass Kickin Ranch v. North Star Mutual Insurance: Clarifying Coverage Exclusions for Unassembled Property

Date: Oct 18, 2012
Ass Kickin Ranch v. North Star Mutual Insurance: Clarifying Coverage Exclusions for Unassembled Property Introduction The case of Ass Kickin Ranch, LLC v. North Star Mutual Insurance Company...
Judicial Impartiality and Conditional Visitation in Family Law: Insights from Allison Marko v. James Marko

Judicial Impartiality and Conditional Visitation in Family Law: Insights from Allison Marko v. James Marko

Date: Jun 28, 2012
Judicial Impartiality and Conditional Visitation in Family Law: Insights from Allison Marko v. James Marko Introduction The case of Allison Marko v. James Marko, adjudicated by the Supreme Court of...
Uninsured Motorist Coverage in Single-Vehicle Accidents: Insights from Cornelius v. National Casualty Company

Uninsured Motorist Coverage in Single-Vehicle Accidents: Insights from Cornelius v. National Casualty Company

Date: Apr 19, 2012
Uninsured Motorist Coverage in Single-Vehicle Accidents: Insights from Cornelius v. National Casualty Company Introduction The case of James E. Cornelius v. National Casualty Company (813 N.W.2d 167)...
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