South Dakota Case Commentaries

Alexander v. Estate of Hobart: ROFRs Conditioned on USFS Permit Issuance Are Enforceable; Market/Arbitration-Based ROFRs Are Not Unreasonable Restraints

Date: Jul 24, 2025

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: Commentary on Lapin v. Zeetogroup (2025 S.D. 36)

Date: Jul 17, 2025

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)

Date: Jul 17, 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

Date: Jul 17, 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 Is Valid — Olson v. Huron Regional Medical Center, Inc., 2025 S.D. 34 (S.D. 2025)

Date: Jul 10, 2025

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

Date: Jul 10, 2025

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”

Date: Jul 10, 2025

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

Date: Jul 3, 2025

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

Date: Jul 3, 2025

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

Date: Jun 26, 2025

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

Date: Jun 19, 2025

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 Detentions

Date: Jun 12, 2025

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

Date: Jun 12, 2025

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

Date: Jun 12, 2025

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

Date: Apr 17, 2025

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

Date: Apr 17, 2025

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

Date: Apr 17, 2025

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,...

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South Dakota Case Commentaries

Alexander v. Estate of Hobart: ROFRs Conditioned on USFS Permit Issuance Are Enforceable; Market/Arbitration-Based ROFRs Are Not Unreasonable Restraints

Actual Physical Residency at Time of Receipt Required to Invoke South Dakota’s Anti‑Spam Statute: Commentary on Lapin v. Zeetogroup (2025 S.D. 36)

Causation Required for Juvenile Restitution: South Dakota Aligns Delinquency Restitution with Adult Standard in In re Interest of J.W. (2025 S.D. 38)

Two-Year Medical Malpractice Repose Means Two Calendar Years Ending the Day Before the Anniversary: Paulsen v. Avera McKennan

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 Is Valid — Olson v. Huron Regional Medical Center, Inc., 2025 S.D. 34 (S.D. 2025)

Depositing a “Full Satisfaction” Check Discharges Disputed Claims: South Dakota Affirms UCC 3‑311 as Controlling

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”

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

State v. Geist: Silent Witness Authentication Extends to Body-Worn Camera Footage, Including Pre‑Buffer Clips, Without Testimony from the Recording Officer

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

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

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 Detentions

State v. Shepley: South Dakota Endorses Tovar’s Plea-Stage Waiver Standard and Reaffirms Court’s Nondelegable Duty to Warn

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

Targeted SI‑Joint Diagnostics Prevail Over Degenerative MRI Findings in Establishing “A Major Contributing Cause”; Odd‑Lot PTD Demands a Reasonable Job Search

Substance Over Form and the Anti‑Clogging Rule: Unambiguous Sale–Leaseback Papers May Be Recast as an Equitable Mortgage Without Extrinsic Evidence

Dual-Status Technicians Earn Paid Military Leave While on Title 10 Duty; No Antimilitary Animus Needed for USERRA Claims Involving Military-Only Benefits

De Novo Review and the Presumption of Validity in Municipal Special Assessment Appeals

State v. Holy: Limits on Unrelated Contraband Interrogations During Traffic Stops

Underinsured Motorist Coverage Follows the Insured: Public Policy Bars “Owned But Not Insured” Exclusions