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.
Divorce and separation
Rush v. Rush, 866 N.W.2d 556 (SD 2015)
Jul 01, 2015
OUTCOME: Reversed
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 tha...t (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.
Litigation
Qwest Communications Corporation v. Free Conferencing Corporation, 2014 WL 5782543
Nov 06, 2014
OUTCOME: Judgment for Free Conferencing Corporation
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 unfai...r 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.
Violent crime
State of South Dakota v. Klaudt, 772 N.W.2d 117 (SD 2009)
Jan 01, 2009
OUTCOME: Affirmed on Appeal
Former state legislator was convicted by a jury of four counts of second degree rape.
Litigation
Flandreau Santee Sioux Tribe v. State of South Dakota; Governor Michael Rounds; Attorney General Larry Long (D.S.D. 2009)
Jan 01, 2009
OUTCOME: State's Motion for Judgment on the Pleadings Granted in Part and Denied in Part
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.
A high school athlete was injured while using a sports training product and brought an action against product manufacturer.
Litigation
McDowell v. Citicorp U.S.A., et al., 734 N.W.2d 14 (SD 2007)
Jan 01, 2007
OUTCOME: Affirmed on Appeal
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 bi...lls.
Litigation
EMCASCO Insurance Company v. Diedrich, 394 F.3d 1091 (8th Cir. 2005)
Jan 01, 2005
OUTCOME: Affirmed on Appeal
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 acti...on brought by parent of child who had been sexually molested at center by named insured's son/additional insured.
Education
Diana Hicks v. Gayville-Volin School District, 668 N.W.2d 69 (SD 2003)
Jan 01, 2003
OUTCOME: Affirmed on Appeal
Teacher sought review of board of education's decision not to renew her contract.
