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  • Commentaries
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South Dakota Case Commentaries

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

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

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

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.

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

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

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

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

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

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...
Bego v. Gordon: Reaffirming and Refining Sovereign Immunity Doctrine for School District Employees in South Dakota

Bego v. Gordon: Reaffirming and Refining Sovereign Immunity Doctrine for School District Employees in South Dakota

Date: Jun 11, 1987
Bego v. Gordon: Reaffirming and Refining Sovereign Immunity Doctrine for School District Employees in South Dakota Introduction In Bego v. Gordon, Hobart G. Peterson, Lenhardt Aman and the Montrose...
Safety Code Compliance and Comparative Negligence: South Dakota Supreme Court's Decision in Lovell v. Oahe Electric Cooperative

Safety Code Compliance and Comparative Negligence: South Dakota Supreme Court's Decision in Lovell v. Oahe Electric Cooperative

Date: Feb 13, 1986
Safety Code Compliance and Comparative Negligence: South Dakota Supreme Court's Decision in Lovell v. Oahe Electric Cooperative Introduction The case of Roger Lovell; Earl Lovell and Blanche Lovell...
Clarifying the Insurer’s Duty to Defend in Ambiguous Third-Party Complaints: Hawkeye-Security Insurance Company v. Clifford

Clarifying the Insurer’s Duty to Defend in Ambiguous Third-Party Complaints: Hawkeye-Security Insurance Company v. Clifford

Date: Apr 18, 1985
Clarifying the Insurer’s Duty to Defend in Ambiguous Third-Party Complaints: Hawkeye-Security Insurance Company v. Clifford Introduction The case of Hawkeye-Security Insurance Company v. Allen A....
Independent Enforceability of Housing Allowances Separate from Child Support in Divorce Settlements

Independent Enforceability of Housing Allowances Separate from Child Support in Divorce Settlements

Date: Apr 4, 1985
Independent Enforceability of Housing Allowances Separate from Child Support in Divorce Settlements Introduction The case of Sharon R. Malcolm v. Kirk G. Malcolm (365 N.W.2d 863) adjudicated by the...
South Dakota Supreme Court Upholds 'Grandfather Clause' in SDCL 35-4-5.5: Reinstates Wholesale Liquor License to Famous Brands, Inc.

South Dakota Supreme Court Upholds 'Grandfather Clause' in SDCL 35-4-5.5: Reinstates Wholesale Liquor License to Famous Brands, Inc.

Date: Apr 26, 1984
South Dakota Supreme Court Upholds 'Grandfather Clause' in SDCL 35-4-5.5: Reinstates Wholesale Liquor License to Famous Brands, Inc. Introduction The case of Famous Brands, Inc. v. Secretary of...
Establishing the Boundaries of Host-Guest Relationships in Auto Accidents: Tranby and Ste v. Long

Establishing the Boundaries of Host-Guest Relationships in Auto Accidents: Tranby and Ste v. Long

Date: Apr 26, 1984
Establishing the Boundaries of Host-Guest Relationships in Auto Accidents: Tranby and Ste v. Long Introduction The case of Al Tranby and Steven Long v. Kevin Brodock, decided by the Supreme Court of...
Establishing Validity of Out-of-Jurisdiction Arrests in Implied Consent Law: IN RE MEHRER

Establishing Validity of Out-of-Jurisdiction Arrests in Implied Consent Law: IN RE MEHRER

Date: Jan 6, 1979
Establishing Validity of Out-of-Jurisdiction Arrests in Implied Consent Law: IN RE MEHRER Introduction In re Michael Richard Mehrer, 273 N.W.2d 194 (Supreme Court of South Dakota, 1979), is a pivotal...
Product Liability and Warranty Breach: The Shaffer v. Honeywell Decision

Product Liability and Warranty Breach: The Shaffer v. Honeywell Decision

Date: Jan 1, 1977
Product Liability and Warranty Breach: The Shaffer v. Honeywell Decision Introduction The case of Robert J. Shaffer et al. v. Honeywell, Inc., adjudicated by the Supreme Court of South Dakota in...
Declaratory Judgment Affirms Constitutional Supremacy in Gubernatorial Candidacy under SDCL 12-6-2

Declaratory Judgment Affirms Constitutional Supremacy in Gubernatorial Candidacy under SDCL 12-6-2

Date: Jan 10, 1974
Declaratory Judgment Affirms Constitutional Supremacy in Gubernatorial Candidacy under SDCL 12-6-2 Introduction The case of Kneip v. Herseth (87 S.D. 642) before the Supreme Court of South Dakota...
Brewer v. Mattern: Establishing Standards for Willful and Wanton Misconduct in Automobile Guest Statute Cases

Brewer v. Mattern: Establishing Standards for Willful and Wanton Misconduct in Automobile Guest Statute Cases

Date: Dec 30, 1970
Brewer v. Mattern: Establishing Standards for Willful and Wanton Misconduct in Automobile Guest Statute Cases Introduction Brewer v. Mattern, 85 S.D. 356 (Supreme Court of South Dakota, 1970), is a...
Assessment of Testamentary Capacity and Undue Influence in In re Estate of Hobelsberger

Assessment of Testamentary Capacity and Undue Influence in In re Estate of Hobelsberger

Date: Dec 5, 1970
Assessment of Testamentary Capacity and Undue Influence in In re Estate of Hobelsberger Introduction The case of In re Estate of Hobelsberger (85 S.D. 282) adjudicated by the Supreme Court of South...
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