The South Dakota Supreme Court will hold its November Term in Pierre on November 6, 7, and 8, 2017.
November 7, 2017, Oral Arguments
9:00 a.m., #28200, Harvey v. Regional Health Network, Inc., et al.
- Whether the trial court erred by failing to impute the actual malice of three individuals to the corporate defendants.
- Whether wrongfully accusing one of the plaintiffs of felony elder abuse was extreme and outrageous conduct.
- Whether the evidence supported a claim for malicious prosecution.
- Whether there was clear and convincing evidence that there was a reasonable basis to believe that the defendants engaged in malicious conduct so as to allow the plaintiff’s claim for punitive damages to proceed.
- Whether the circuit court erred by granting the defendants’ motion for summary judgment on one of the plaintiff’s wrongful termination and negligent infliction of emotional distress claims.
- Whether the defendants’ fair treatment and grievance procedure was a contract that the defendants breached.
10:00 a.m., #28216, Berggren v. Shonebaum, d/b/a Schonebaum Quarter Horses and Mendering.
- Whether the trial court had the authority to sanction an attorney.
11:00 a.m., #28214, Schaefer v. Sioux Spine & Sport, Prof., L.L.C., et al.
- Whether genuine issues of material fact precluded summary judgment on the plaintiff’s undue influence claim.
- Whether genuine issues of material fact existed on the question whether the sternal fracture was a known injury at the time that the plaintiff signed a release.
- Whether the trial court erred by holding that the sternal fracture was contemplated by the plaintiff in entering into a settlement agreement.
- Whether the trial court erred in determining that the release expressly waived unknown injuries.
- Whether the trial court erred by failing to rule on the plaintiff’s motion to supplement the record.
November 8, 2017, Oral Argument
9:00 a.m., Stern Oil Co., Inc. v. Brown, d/b/a Exxon Goode to Go & Freeway Mobil.
- Whether the trial court erred by determining that Stern Oil was not a prevailing party.
- Whether the trial court erred by instruction that consequential damages must be reasonably foreseeable.
- Whether the trial court erred by excluding evidence of Stern Oil’s lost profits.
Notice of Review:
- Whether the trial court erred in its calculation of prejudgment interest.
On November 6, 2017, the Court will also be considered the following cases on their briefs:
- #28081, 28082, Schwartz, on behalf of M.N. v. Neuenschwander.
- #28091, Iverson v. Fuerst
- #28094, Laska v. Barr, et al.
- #28108, Wright v. Theophilus
- #28130, In the Matter of the Conservatorship of Martin A. Bachand
- #28131, State v. Borthok
- #28142, State v. Shepard
- #28167, In re: the Administration of the Lee R. Wintersteen Revocable Trust Agreement
- #28168, Valley Power Systems v. S.D. Dep’t of Revenue
- #28170, State v. Fitzgerald
- #28171, State v. Hamling
- #28178, State v. Hanson
- #28181, State v. Phillips
- #28182, Curran v. Curran
- #28184, State v. Weber
- #28198, State v. Toavs
- #28206, Ollila v. Ginsbach, et al.
- #28213, State v. Humpal
- #28225, State v. Eberhardt
- #28233, Horn v. Horn
- #28244, State v. Popkes
- #28254, Siems v. Pilot Travel Centers, L.L.C., d/b/a Flying J Truck Plaza
- #28310, State v. Bausch