Judicial Estoppel Bars a Former Spouse From Reasserting a Recorded Property Interest Contrary to a Court-Approved Divorce Stipulation in a Quiet Title Action Case: Bryant v. Bryant, 2026 S.D. 13...
Threats Requiring Retrieval of a Weapon Are Not “Imminent” for SDCL 22-18-1(4) Simple Assault Introduction In Interest of J.A.D., III, the Supreme Court of South Dakota reviewed a juvenile...
Compensable Access Loss Requires Substantial Impairment to the Road System (Not a Preferred Arterial Route) and Proof of Special Damages; Hall II Limited to “Special-Benefit” Mitigation Cases Case:...
State v. Janes (2026 S.D. 9): Future Counseling Restitution Must Be Ascertainable at Sentencing 1. Introduction In State v. Janes, the Supreme Court of South Dakota reviewed a Minnehaha County...
Rule 11 Sanctions Are Limited to Filed Papers, Not Post-Filing Case-Management Conduct Case: Wells Fargo Bank, N.A. v. Myers, 2026 S.D. 10 (S.D. Feb. 18, 2026) Court: Supreme Court of South Dakota...
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...