South Dakota Case Commentaries

South Dakota Supreme Court Establishes Precedent on Short-Term Rentals within Residential Covenants

Date: Jun 17, 2021

South Dakota Supreme Court Establishes Precedent on Short-Term Rentals within Residential Covenants Introduction The South Dakota Supreme Court, in the case of Robert Wilson and Sharlene Wilson v....

Supreme Court of South Dakota Establishes Strict Enforcement of Statutory Limitations in Real Property Contracts

Date: Mar 11, 2021

Supreme Court of South Dakota Establishes Strict Enforcement of Statutory Limitations in Real Property Contracts Introduction In the landmark case In the Matter of the Estate of Norman D. French,...

Reaffirming the Dual Elements of Bad Faith in Workers' Compensation: Johnson v. UPS and Liberty Mutual

Date: Jun 25, 2020

Reaffirming the Dual Elements of Bad Faith in Workers' Compensation: Johnson v. UPS and Liberty Mutual Introduction In the landmark case of Fern Johnson v. United Parcel Service, Inc., and Liberty...

Enforceability of Real Estate Contracts under Statute of Frauds and Consideration: Hanna v. Landsman

Date: Jun 18, 2020

Enforceability of Real Estate Contracts under Statute of Frauds and Consideration: Hanna v. Landsman Introduction Hanna v. Landsman is a pivotal Supreme Court decision of South Dakota, adjudicated on...

Affirmation of Limited Private Easement and Rejection of Prescriptive Easement in Helleberg v. Estes

Date: May 14, 2020

Affirmation of Limited Private Easement and Rejection of Prescriptive Easement in Helleberg v. Estes Introduction Helleberg, Cox, and Heeter v. Estes and Estes is a landmark case adjudicated by the...

Res Judicata and Effective Counsel Affirmed in Piper v. Young

Date: Dec 12, 2019

Res Judicata and Effective Counsel Affirmed in Piper v. Young Introduction In Briley W. Piper v. Darrin Young, 936 N.W.2d 793 (S.D. 2019), the Supreme Court of South Dakota addressed critical issues...

Affirmation of Defendant’s Waiver of Counsel Rights and Proportional Sentencing in Theft by Exploitation: State v. Hauge

Date: Jul 25, 2019

Affirmation of Defendant’s Waiver of Counsel Rights and Proportional Sentencing in Theft by Exploitation: State v. Hauge Introduction In the case of State of South Dakota v. Kenneth Craig Hauge, the...

South Dakota Supreme Court Affirms Underinsured Motorist Coverage Over 'Owned but Not Insured' Exclusion

Date: Apr 11, 2019

South Dakota Supreme Court Affirms Underinsured Motorist Coverage Over 'Owned but Not Insured' Exclusion Introduction In the landmark case of Kayne R. Larimer v. American Family Mutual Insurance...

Implied Covenant of Good Faith in Insurance Contracts: South Dakota Supreme Court Upholds Summary Judgment in Zochert v. Protective Life Insurance

Date: Dec 13, 2018

Implied Covenant of Good Faith in Insurance Contracts: South Dakota Supreme Court Upholds Summary Judgment in Zochert v. Protective Life Insurance Introduction The case of Ivan Zochert v. Protective...

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

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

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

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

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

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

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

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

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

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

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...

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