South Dakota Case Commentaries

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

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

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

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

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

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

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

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.

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...

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...

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