Lieutenant Governor May Cast Tie-Breaking Vote on Final Passage Under S.D. Const. art. IV, § 5 Court: Supreme Court of South Dakota | Citation: 2026 S.D. 7 | Date: February 18, 2026 | Posture:...
FMCSRs Adopted in SDCL 49-28A-3 Set the Standard of Care for CMV Drivers and Can Support Negligence Per Se Case: Hamer v. Duffy, Cornerstone Poured Foundations, Inc. Citation: 2026 S.D. 4 Court:...
Absolute Mandatory Auto Liability Coverage in Direct Actions Despite Policy Breach; Conditions Precedent Bar Only Excess Coverage Case: Kaiser Trucking, Inc. v. Liberty Mutual Fire Insurance Company,...
Rule 702/Daubert Requires Reliable Methodology and Case “Fit” for False-Confession Experts; Generic False-Confession Testimony Is Inadmissible Case: State v. Huante, 2026 S.D. 6 (S.D. Feb. 4, 2026) |...
Daubert Gatekeeping Must Evaluate a Physician’s Differential Diagnosis as a Whole (and Not Exclude Causation Opinions Solely Because a Supporting Quantitative Test Is Disputed) Introduction Walton v....
Estate of Webb (2026 S.D. 2): Enforcing Prenuptial Waivers of the Elective Share Under a Totality-of-the-Circumstances Voluntariness Inquiry and “Fair and Reasonable” Financial Disclosure...
Collateral Estoppel Requires Identical, Essential Issues—Prior Credibility Findings Cannot Be Treated as Conclusive in a Separate Undue-Influence Will Contest Case: In the Matter of the Estate of...
Referral Agreements Tied to Servicing Are Not At-Will, But “Renewal” Requires a Continued Client Relationship—Affiliate “In-House” Servicing Ends Residual Fees as a Matter of Law Case: Ljp...
South Dakota Refines Economic Duress and Clarifies Fiduciary Duties in Manager‑Managed LLCs: Commentary on Trigger Energy Holdings, LLC v. Stevens, 2025 S.D. 72 I. Introduction In Trigger Energy...
State v. Biteler and the Meaning of “Report” Under SDCL 22‑11‑9(3) in a Digital Monitoring Era I. Introduction In State v. Biteler, 2025 S.D. 73, the Supreme Court of South Dakota addressed a modern...
Specific Evidence, Not Generalized Religious Fears: Jessop v. Combs and Unsupervised Parenting Time in the Shadow of Alleged FLDS Ties I. Introduction The South Dakota Supreme Court’s decision in...
Open‑Ended Answer Extensions as “Good Cause” Precluding Failure‑to‑Prosecute Dismissals: A Commentary on Arrowsmith v. Odle, 2025 S.D. 70 I. Introduction In Arrowsmith v. Odle, 2025 S.D. 70, the...
State v. Long: Cross‑Jurisdictional Other‑Act Evidence and Psychological Coercion in Familial Rape and Abuse Prosecutions I. Introduction In State v. Long, 2025 S.D. 69, the Supreme Court of South...
State v. Clemensen: Expansive Construction of Elder Theft by Exploitation for POA Misuse and Encumbrance of Trust Property Introduction In State v. Clemensen, 2025 S.D. 68, the Supreme Court of South...
King v. King: Pending Business Lawsuits as Marital Property in South Dakota Divorce Law I. Introduction In King v. King, 2025 S.D. 67, the Supreme Court of South Dakota addressed a question at the...
No Federal-Style Lodestar Presumption in Condemnation Fee Awards: City of Sioux Falls v. Johnson Properties, 2025 S.D. 66 I. Introduction In City of Sioux Falls v. Johnson Properties, LLC, 2025 S.D....
Fraud Between Spouses Under Rule 60(b)(3): Trumble v. Trumble and the Duty of Full Asset Disclosure in Divorce Settlements I. Introduction The South Dakota Supreme Court’s decision in Trumble v....
Baseless Allegations of Judicial Fabrication as Professional Misconduct: Commentary on In re Discipline of Volesky, 2025 S.D. 62 I. Introduction The South Dakota Supreme Court’s decision in In the...
Expert Testimony and Technical Construction Disputes in Contract and Tort: Commentary on RTI, LLC v. Pro Engineering, Inc., 2025 S.D. 64 I. Introduction RTI, LLC v. Pro Engineering, Inc., 2025 S.D....
Coyle v. McFarland: Excusable Neglect, Rule 56(f) Continuances, and Public Right‑of‑Way Disputes in South Dakota Trespass Law I. Introduction In Coyle v. McFarland, 2025 S.D. 63, the South Dakota...