South Dakota Case Commentaries

Effective Assistance of Counsel in Habeas Corpus Proceedings: JACKSON v. WEBER Establishes New Standards

Date: Nov 15, 2001

Effective Assistance of Counsel in Habeas Corpus Proceedings: JACKSON v. WEBER Establishes New Standards Introduction The Supreme Court of South Dakota, in Kelly Lynn Jackson v. Douglas Weber, 637...

Implied Employment Contracts and Duty of Loyalty in Setliff v. Akins: Establishing New Precedents

Date: Sep 7, 2000

Implied Employment Contracts and Duty of Loyalty in Setliff v. Akins: Establishing New Precedents Introduction Setliff v. Akins is a landmark case adjudicated by the Supreme Court of South Dakota on...

Dissolution of Family Partnership: Establishing the Partnership At-Will in Mack v. Mack

Date: Jul 13, 2000

Dissolution of Family Partnership: Establishing the Partnership At-Will in Mack v. Mack Introduction The Supreme Court of South Dakota, in the case of Dean Mack and Nancy Mack, Plaintiffs and...

Defining Medical Malpractice: Inclusion of Sexual Misconduct as Negligence in South Dakota Jurisprudence

Date: Jun 29, 2000

Defining Medical Malpractice: Inclusion of Sexual Misconduct as Negligence in South Dakota Jurisprudence Introduction The case of Audra K. Martinmaas et al. v. Gary Engelmann et al. presents a...

South Dakota Supreme Court Defines "Identifiable Third Parties" in Tortious Interference Claims

Date: Mar 11, 1999

South Dakota Supreme Court Defines "Identifiable Third Parties" in Tortious Interference Claims Introduction The case of Craig R. Hayes, M.D., and Craig R. Hayes, M.D., P.C. v. Northern Hills General...

Waiver of Counselor-Client Privilege and the Right to Effective Cross-Examination: State v. Karlen

Date: Feb 4, 1999

Waiver of Counselor-Client Privilege and the Right to Effective Cross-Examination: State v. Karlen Introduction State of South Dakota v. Trey L. Karlen (589 N.W.2d 594) is a pivotal case adjudicated...

Thompson v. Summers: Affirming the Rescue Doctrine within Negligence Law

Date: Aug 14, 1997

Thompson v. Summers: Affirming the Rescue Doctrine within Negligence Law Introduction In Marvin Thompson v. Charles Summers, 567 N.W.2d 387 (Supreme Court of South Dakota, 1997), the court addressed...

Reinterpreting Practitioners of the Healing Arts: Implications for Statute of Limitations in Counseling Cases – Richards v. Lenz

Date: Oct 19, 1995

Reinterpreting Practitioners of the Healing Arts: Implications for Statute of Limitations in Counseling Cases – Richards v. Lenz Introduction Richards v. Lenz and West River Mental Health Center is a...

Assumption of Risk and Liability in Utility Pole Agreements: Bell v. East River Electric Power Cooperative

Date: Jul 27, 1995

Assumption of Risk and Liability in Utility Pole Agreements: Bell v. East River Electric Power Cooperative Introduction The case of Cheryl Bell, Special Administrator of the Estate of Randy Bell v....

Election of Remedies and Prejudgment Interest: US Lumber, Inc. v. Fisher Establishes Critical Legal Principles

Date: Oct 13, 1994

Election of Remedies and Prejudgment Interest: US Lumber, Inc. v. Fisher Establishes Critical Legal Principles Introduction The case of US Lumber, Inc., Roger Duba, and Sandra Duba v. Charles F....

Negligence and Cost Taxation in Workplace Injury: Analysis of Nelson v. Nelson Cattle Company

Date: Mar 31, 1994

Negligence and Cost Taxation in Workplace Injury: Analysis of Nelson v. Nelson Cattle Company Introduction Nelson v. Nelson Cattle Company (513 N.W.2d 900) is a landmark case adjudicated by the...

Sufficiency of Oral Notice in Uninsured Motorist Insurance Claims: Kremer v. American Family Mutual Insurance Company

Date: Jun 10, 1993

Sufficiency of Oral Notice in Uninsured Motorist Insurance Claims: Kremer v. American Family Mutual Insurance Company Introduction Kremer v. American Family Mutual Insurance Company, 501 N.W.2d 765...

Application of SDCL 21-1-4.1 to Punitive Damages in Fraudulent Real Estate Transactions

Date: Aug 29, 1991

Application of SDCL 21-1-4.1 to Punitive Damages in Fraudulent Real Estate Transactions Introduction In the case of Dewey Dahl and Lavonne Dahl v. Peter Sittner and Sittner Real Estate, Inc. (474...

South Dakota Supreme Court Upholds Preponderance of Evidence Standard for Punitive Damages

Date: Mar 14, 1991

South Dakota Supreme Court Upholds Preponderance of Evidence Standard for Punitive Damages Introduction In the case of FLOCKHART v. WYANT, the South Dakota Supreme Court addressed pivotal issues...

Collateral Estoppel in Real Estate Transactions: Analysis of Estes v. Millea et al.

Date: Dec 20, 1990

Collateral Estoppel in Real Estate Transactions: Analysis of Estes v. Millea et al. Introduction The case of Estes v. Millea et al. adjudicated by the Supreme Court of South Dakota on December 19,...

Limits on Fiduciary Duties and Good Faith in Debtor-Creditor Relationships: South Dakota Supreme Court in Garrett v. BankWest

Date: Aug 2, 1990

Limits on Fiduciary Duties and Good Faith in Debtor-Creditor Relationships: South Dakota Supreme Court in Garrett v. BankWest Introduction Glen Garrett and Elizabeth Garrett, along with their sons...

Good Faith Standard in Affidavits for Judge Disqualification: Analysis of State v. Tapio and Brings Plenty

Date: Dec 1, 1988

Good Faith Standard in Affidavits for Judge Disqualification: Analysis of State v. Tapio and Brings Plenty Introduction The case of State of South Dakota v. Robert Dean Tapio and Blaine John Brings...

Compulsory Counterclaim Enforcement: Haberer v. First Bank of South Dakota

Date: Sep 15, 1988

Compulsory Counterclaim Enforcement: Haberer v. First Bank of South Dakota Introduction In the landmark case of Haberer v. First Bank of South Dakota, the Supreme Court of South Dakota addressed...

Prejudgment Interest and Indemnity in Construction Contracts: South Dakota Building Authority v. Geiger-Berger Associates

Date: Oct 15, 1987

Prejudgment Interest and Indemnity in Construction Contracts: South Dakota Building Authority v. Geiger-Berger Associates Introduction The case of South Dakota Building Authority v. Geiger-Berger...

Standard of Review for Administrative Decisions in Unemployment Insurance Claims

Date: Jul 23, 1987

Standard of Review for Administrative Decisions in Unemployment Insurance Claims Introduction In the case of Shirley A. Permann v. South Dakota Department of Labor, Unemployment Insurance Division...

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