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  • Commentaries
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South Dakota Case Commentaries

Emotional Distress in Abuse of Process: South Dakota Supreme Court Sets New Standard

Emotional Distress in Abuse of Process: South Dakota Supreme Court Sets New Standard

Date: Dec 1, 2011
Emotional Distress in Abuse of Process: South Dakota Supreme Court Sets New Standard Introduction The case of Rita FIX v. FIRST STATE BANK OF ROSCOE et al. (807 N.W.2d 612) adjudicated by the Supreme...
Impact of Testing Procedures in Contractual Disputes: Bowes Construction v. South Dakota Department of Transportation

Impact of Testing Procedures in Contractual Disputes: Bowes Construction v. South Dakota Department of Transportation

Date: Dec 23, 2010
Impact of Testing Procedures in Contractual Disputes: Bowes Construction v. South Dakota Department of Transportation An In-Depth Legal Analysis of Testing Standards and Their Implications in...
Restrictive Covenant Enforcement and Equitable Balancing: South Dakota Supreme Court in New Leaf LLC v. FD Development & Family Dollar

Restrictive Covenant Enforcement and Equitable Balancing: South Dakota Supreme Court in New Leaf LLC v. FD Development & Family Dollar

Date: Dec 23, 2010
Restrictive Covenant Enforcement and Equitable Balancing: South Dakota Supreme Court in New Leaf LLC v. FD Development & Family Dollar Introduction The case New Leaf LLC, Robert J. Dvorak, and Vianna...
Equitable Tolling and Attorney Misconduct: South Dakota's Stance in Anson v. Star Brite Inn Motel

Equitable Tolling and Attorney Misconduct: South Dakota's Stance in Anson v. Star Brite Inn Motel

Date: Sep 9, 2010
Equitable Tolling and Attorney Misconduct: South Dakota's Stance in Anson v. Star Brite Inn Motel Introduction The case of Jonette Anson v. Star Brite Inn Motel (788 N.W.2d 822) addresses pivotal...
Tortious Interference with Business Relationships: Insights from Selle v. Tozser

Tortious Interference with Business Relationships: Insights from Selle v. Tozser

Date: Jul 29, 2010
Tortious Interference with Business Relationships: Insights from Selle v. Tozser Introduction In the landmark case of James E. Selle and Rosemary A. Selle v. James Tozser, adjudicated by the Supreme...
Affirmation of Child Abuse Conviction: Clarifying Criminal Intent and Prosecutorial Boundaries

Affirmation of Child Abuse Conviction: Clarifying Criminal Intent and Prosecutorial Boundaries

Date: Jun 24, 2010
Affirmation of Child Abuse Conviction: Clarifying Criminal Intent and Prosecutorial Boundaries Introduction The case of STATE of South Dakota v. Stacy Lynn Beck presents a significant judicial...
Establishing Duty of Good Faith in UM Claims: Commentary on Dakota, Minnesota & Eastern Railroad Corp. v. Acuity

Establishing Duty of Good Faith in UM Claims: Commentary on Dakota, Minnesota & Eastern Railroad Corp. v. Acuity

Date: Aug 6, 2009
Establishing Duty of Good Faith in UM Claims: Commentary on Dakota, Minnesota & Eastern Railroad Corp. v. Acuity Introduction The case of Dalota, Minnesota & Eastern Railroad Corporation v. Acuity...
Invalid Waiver of Jury Sentencing in Death Penalty Cases: Piper v. Weber

Invalid Waiver of Jury Sentencing in Death Penalty Cases: Piper v. Weber

Date: Jul 30, 2009
Invalid Waiver of Jury Sentencing in Death Penalty Cases: Piper v. Weber Introduction Briley Piper v. Douglas Weber, Warden, South Dakota State Penitentiary is a landmark decision by the Supreme...
Spencer v. Estate of Mary Jo Spencer: Statute of Limitations Governs Decades-Old Property Claims

Spencer v. Estate of Mary Jo Spencer: Statute of Limitations Governs Decades-Old Property Claims

Date: Dec 31, 2008
Statutes of Limitations Govern Property Claims: Spencer v. Estate of Mary Jo Spencer Introduction Spencer v. Estate of Mary Jo Spencer is a pivotal case adjudicated by the Supreme Court of South...
Vicarious Liability in Employment: Insights from Kirlin v. Halverson et al. (758 N.W.2d 436)

Vicarious Liability in Employment: Insights from Kirlin v. Halverson et al. (758 N.W.2d 436)

Date: Nov 6, 2008
Vicarious Liability in Employment: Insights from Kirlin v. Halverson et al. (758 N.W.2d 436) Introduction The case of James Scott Kirlin and Kristin Kirlin v. Kim Halverson, Kelly Cawthorne, and PKJ,...
Reforming Historical Deeds: Insights from Tripp v. Assam Family, LLC

Reforming Historical Deeds: Insights from Tripp v. Assam Family, LLC

Date: Aug 7, 2008
Reforming Historical Deeds: Insights from Tripp v. Assam Family, LLC Introduction Tripp v. Assam Family, LLC, 755 N.W.2d 106 (South Dakota Supreme Court, 2008), is a landmark case that delves into...
South Dakota Supreme Court Expands Expert Testimony Qualifications in Products Liability Cases: Burley v. Kytec Innovative Sports Equipment, Inc.

South Dakota Supreme Court Expands Expert Testimony Qualifications in Products Liability Cases: Burley v. Kytec Innovative Sports Equipment, Inc.

Date: Aug 2, 2007
South Dakota Supreme Court Expands Expert Testimony Qualifications in Products Liability Cases Introduction The case of Burley v. Kytec Innovative Sports Equipment, Inc. revolves around Kylie Burley,...
Due Process and the Right to Present a Complete Defense: South Dakota Supreme Court Reverses Rape Conviction

Due Process and the Right to Present a Complete Defense: South Dakota Supreme Court Reverses Rape Conviction

Date: Jul 19, 2007
Due Process and the Right to Present a Complete Defense: South Dakota Supreme Court Reverses Rape Conviction Introduction In the landmark case of State of South Dakota v. Fred Packed, Jr. (736 N.W.2d...
South Dakota Supreme Court Upholds Dismissal of Class Actions Challenging Hospital Pre-set Pricing and Deceptive Practices

South Dakota Supreme Court Upholds Dismissal of Class Actions Challenging Hospital Pre-set Pricing and Deceptive Practices

Date: Apr 5, 2007
South Dakota Supreme Court Upholds Dismissal of Class Actions Challenging Hospital Pre-set Pricing and Deceptive Practices Introduction The case of Nygaard, Dosch, Burgher v. Sioux Valley Hospitals...
South Dakota Supreme Court Upholds Capital Sentencing Scheme Allowing Waivers of Jury Sentencing

South Dakota Supreme Court Upholds Capital Sentencing Scheme Allowing Waivers of Jury Sentencing

Date: Jan 5, 2006
South Dakota Supreme Court Upholds Capital Sentencing Scheme Allowing Waivers of Jury Sentencing Introduction In the landmark case of State of South Dakota v. Briley Piper (709 N.W.2d 783, 2006), the...
South Dakota Supreme Court Rules Solicitation Alone Insufficient for Attempted Murder

South Dakota Supreme Court Rules Solicitation Alone Insufficient for Attempted Murder

Date: Oct 7, 2004
South Dakota Supreme Court Rules Solicitation Alone Insufficient for Attempted Murder Introduction The case of State of South Dakota v. Rocco William Disanto (688 N.W.2d 201) represents a pivotal...
Enforceability of Liquidated Damages Clauses in Condominium Bylaws: Keystone Plaza Condominiums Association v. Eastep

Enforceability of Liquidated Damages Clauses in Condominium Bylaws: Keystone Plaza Condominiums Association v. Eastep

Date: Mar 4, 2004
Enforceability of Liquidated Damages Clauses in Condominium Bylaws: Keystone Plaza Condominiums Association v. Eastep Introduction Keystone Plaza Condominiums Association v. Ron Eastep is a landmark...
Luther v. City of Winner: Establishing the Necessity of Expert Testimony in Negligence Claims

Luther v. City of Winner: Establishing the Necessity of Expert Testimony in Negligence Claims

Date: Jan 8, 2004
Luther v. City of Winner: Establishing the Necessity of Expert Testimony in Negligence Claims Introduction In the landmark case of Donald Luther and Connie Luther v. City of Winner and Dan Britton,...
Expanding the Scope of Attorney's Fiduciary Duties to Corporate Directors: Insights from Chem-Age Industries v. Glover

Expanding the Scope of Attorney's Fiduciary Duties to Corporate Directors: Insights from Chem-Age Industries v. Glover

Date: Oct 3, 2002
Expanding the Scope of Attorney's Fiduciary Duties to Corporate Directors: Insights from Chem-Age Industries v. Glover Introduction The Supreme Court of South Dakota, in the case of Chem-Age...
Reversing Summary Judgment in Tortious Interference: St. Onge v. Curtis et al.

Reversing Summary Judgment in Tortious Interference: St. Onge v. Curtis et al.

Date: Aug 15, 2002
Reversing Summary Judgment in Tortious Interference: St. Onge v. Curtis et al. Introduction In the landmark case of St. Onge Livestock Company, Ltd. v. Randy Curtis, Dean Strong, and Belle Fourche...
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