Absolute Privilege Under SDCL 20-11-5(2) Extends to Tortious Interference and Covers Tribal Administrative Proceedings; Pleading Defect Cured by Implied Consent Introduction In Rowe v. Rowe, 2025...
Death of a Partner Triggers Accrual; Harmless-Error Tolerance for Premature Limitations Motions: Commentary on Nelson v. Tinkcom, 2025 S.D. 42 Introduction In Nelson v. Tinkcom, the Supreme Court of...
Alexander v. Estate of Hobart: ROFRs Conditioned on USFS Permit Issuance Are Enforceable; Market/Arbitration-Based ROFRs Are Not Unreasonable Restraints Court: Supreme Court of South Dakota Citation:...
Actual Physical Residency at Time of Receipt Required to Invoke South Dakota’s Anti‑Spam Statute: Lapin v. Zeetogroup (2025 S.D. 36) Court: Supreme Court of South Dakota | Date: July 16, 2025 |...
Causation Required for Juvenile Restitution: South Dakota Aligns Delinquency Restitution with Adult Standard in In re Interest of J.W. (2025 S.D. 38) Introduction In In the Interest of J.W., 2025...
Two-Year Medical Malpractice Repose Means Two Calendar Years Ending the Day Before the Anniversary: Paulsen v. Avera McKennan Introduction In Paulsen v. Avera McKennan, 2025 S.D. 37, the South Dakota...
Rule 41(b) Dismissals Must Be Factor‑Guided; “Record Activity” Under SDCL 15‑11‑11 Includes Verifiable Informal Discovery and Counsel Communications; Workplace Personal Service by a Nonparty Elector...
Depositing a “Full Satisfaction” Check Discharges Disputed Claims: South Dakota Affirms UCC 3‑311 as Controlling Introduction In Berwald v. Stan’s, Inc., 2025 S.D. 33, the Supreme Court of South...
No Private Right to Enforce County Zoning Against the State via Declaratory Judgment: South Dakota Supreme Court Re-centers Justiciability on a “Claim of Right” Introduction In Jensen, Hoffman v....
Jed Spectrum v. Stoakes: South Dakota Adopts a Subjective “Actual Malice” Standard for Slander of Title and Limits SDCL 44‑9‑22 to Liens “In Fact” Satisfied Court: Supreme Court of South Dakota |...
State v. Geist: Silent Witness Authentication Extends to Body-Worn Camera Footage, Including Pre‑Buffer Clips, Without Testimony from the Recording Officer Court: Supreme Court of South Dakota...
No Lesser-Included: SDCL 24-11-47.1 (Altered Jail Articles) Is Not a Lesser-Included Offense of SDCL 24-11-47 (Weapon Possession); “Weapon” Status Determined Objectively Introduction In State v....
Intrinsic Evidence Has Limits: State v. Rouse Restricts “Res Gestae” to Truly Contextual Facts, Reinforces 404(b) Foundations, and Reaffirms Written-Order Tolling Under the 180‑Day Rule Introduction...
State v. Parris: South Dakota Authorizes Opening of Closed Containers During Mental Health Protective Custody as a Noninvestigatory Administrative Search, and Clarifies Probable Cause for Emergency...
State v. Shepley: South Dakota Endorses Tovar’s Plea-Stage Waiver Standard and Reaffirms Court’s Nondelegable Duty to Warn Introduction In State v. Shepley, 2025 S.D. 28, the Supreme Court of South...
SDCL 44-9-42 Authorizes Attorney Fees for Defending Intertwined Counterclaims in Mechanic’s Lien Actions; Law-of-the-Case Controls Fee Decisions on Remand Introduction In Smith Masonry v. WIPI Group...
Targeted SI‑Joint Diagnostics Prevail Over Degenerative MRI Findings in Establishing “A Major Contributing Cause”; Odd‑Lot PTD Demands a Reasonable Job Search Case: Brewer v. Tectum Holdings, Inc.,...
Substance Over Form and the Anti‑Clogging Rule: Unambiguous Sale–Leaseback Papers May Be Recast as an Equitable Mortgage Without Extrinsic Evidence Case: Sturzenbecher v. Sioux County Ranch, LLC,...
Dual-Status Technicians Earn Paid Military Leave While on Title 10 Duty; No Antimilitary Animus Needed for USERRA Claims Involving Military-Only Benefits Case: Christiansen v. Major General Morrell,...
De Novo Review and the Presumption of Validity in Municipal Special Assessment Appeals Introduction KJD, LLC v. City of Tea, 2025 S.D. 22, is a Supreme Court of South Dakota decision addressing a...