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Scott R. Swier

Scott Swier’s Legal Cases

9 total

  • Diana Hicks v. Gayville-Volin School District, 668 N.W.2d 69 (SD 2003)

    Practice Area:
    Education
    Date:
    Jan 01, 2003
    Outcome:
    Affirmed on Appeal
    Description:
    Teacher sought review of board of education's decision not to renew her contract.
  • Burley v. Kytec Innovative Sports Equipment, Inc., 737 N.W.2d 397 (SD 2007)

    Practice Area:
    Litigation
    Date:
    Jan 01, 2007
    Outcome:
    Reversed on Appeal
    Description:
    A high school athlete was injured while using a sports training product and brought an action against product manufacturer.
  • McDowell v. Citicorp U.S.A., et al., 734 N.W.2d 14 (SD 2007)

    Practice Area:
    Litigation
    Date:
    Jan 01, 2007
    Outcome:
    Affirmed on Appeal
    Description:
    After workers' compensation claimant settled her claim with employer, she filed a complaint against employer that alleged it acted in bad faith by unreasonably delaying payment of claimant's medical bills.
  • EMCASCO Insurance Company v. Diedrich, 394 F.3d 1091 (8th Cir. 2005)

    Practice Area:
    Litigation
    Date:
    Jan 01, 2005
    Outcome:
    Affirmed on Appeal
    Description:
    Insurer sought declaratory judgment that it had no duty under homeowner's liability insurance policy to defend or indemnify insured operator of a home day-care center against negligent supervision action brought by parent of child who had been sexually molested at center by named insured's son/additional insured.
  • State of South Dakota v. Klaudt, 772 N.W.2d 117 (SD 2009)

    Practice Area:
    Violent crime
    Date:
    Jan 01, 2009
    Outcome:
    Affirmed on Appeal
    Description:
    Former state legislator was convicted by a jury of four counts of second degree rape.
  • Flandreau Santee Sioux Tribe v. State of South Dakota; Governor Michael Rounds; Attorney General Larry Long (D.S.D. 2009)

    Practice Area:
    Litigation
    Date:
    Jan 01, 2009
    Outcome:
    State's Motion for Judgment on the Pleadings Granted in Part and Denied in Part
    Description:
    In this case, Scott represented the State of South Dakota, Governor Michael Rounds, Attorney General Larry Long, and the South Dakota Commission on Gaming. Absent “gaming” tribes were not necessary parties in Indian Tribe's Indian Gaming Regulatory Act (IGRA) claim alleging the State failed to negotiate in good faith with Indian Tribe regarding gaming on Indian Tribe's reservation. The potential relief under the IGRA, if the State negotiated in bad faith, was limited to directing the State and Indian Tribe to conclude a compact within sixty days, thus complete relief to the Indian Tribe concerning the compact was possible in the absence of other “gaming” tribes.
  • Rush v. Rush, 866 N.W.2d 556 (SD 2015)

    Practice Area:
    Divorce and separation
    Date:
    Jul 01, 2015
    Outcome:
    Reversed
    Description:
    Husband filed a complaint for divorce. The Circuit Court of the Sixth Judicial Circuit dismissed the action for lack of personal jurisdiction. Husband appealed. The Supreme Court reversed, holding that (1) divorce action was commenced when wife signed the admission of service; (2) evidence supported finding that husband was a resident of South Dakota at the time divorce action was commenced; and (3) the trial court could not dismiss husband's divorce action based on the doctrine of forum non conveniens.
  • O'Neill v. O'Neill, 876 N.W.2d 486 (SD 2016)

    Practice Area:
    Litigation
    Date:
    Feb 24, 2016
    Outcome:
    Reversed in Part
    Description:
    Plaintiff brother filed action to equitably divide assets of corporations he jointly owned with defendant brother. Defendant counterclaimed, seeking enforcement of agreement dividing the corporate land and equipment. The Circuit Court, Sixth Judicial Circuit, Bennett County, enforced the agreements, held plaintiff in contempt, awarded punitive damages, and denied plaintiff's motion for disqualification. Plaintiff appealed. The South Dakota Supreme Court reversed in part, holding that corporations, who were not parties to the action, were not entitled to an award of punitive damages.
  • Qwest Communications Corporation v. Free Conferencing Corporation, 2014 WL 5782543

    Practice Area:
    Litigation
    Date:
    Nov 06, 2014
    Outcome:
    Judgment for Free Conferencing Corporation
    Description:
    Third-party plaintiff, Qwest Communications Corporation (Qwest), brought claims against third-party defendant, Free Conferencing Corporation (FC), alleging that FC engaged in conduct amounting to unfair competition, civil conspiracy, and alternatively that FC was unjustly enriched. A court trial was held May 13–20, 2014. The court found that In the mid–2000s, free calling service companies and various LECs engaged in access stimulation to maximize profits in a favorable regulatory environment. In response, IXCs convinced the FCC to adopt new regulations to prevent access stimulation. The free calling service companies and LECs still operate, but do so under those new regulations. In this case, Qwest settled its claims stemming from Sancom's access stimulation with Sancom. In its effort to impose liability on FC, however, Qwest has failed to establish tort liability under South Dakota law. Qwest did not show that FC improperly interfered with Qwest's tariff relationship with Sancom. Qwest also has not shown that the South Dakota Supreme Court would recognize the tort theory of inducing regulatory violations. Although FC and Sancom had an agreement to engage in access stimulation, Qwest did not establish that FC intended to act unlawfully. Finally, Qwest has not established circumstances that would justify an equitable remedy. Accordingly, it is ORDERED that judgment will be entered in favor of third-party defendant, Free Conferencing Corporation, and against third-party plaintiff, Qwest Communications Corporation.