Thomas J. Welk

Thomas J. Welk: Attorney with Boyce Law Firm, L.L.P.
  • Partner at Boyce Law Firm, L.L.P. (20 Attorneys)
  • 300 South Main Avenue, P.O. Box 5015, Sioux Falls, SD 57104-6367
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Biography

Tom has over 40 years of trial and appellate experience in complex civil, criminal and administrative law litigation, representing individuals, small and global entities as well as governmental entities in the state and federal courts and before administrative agencies in South Dakota. He joined the firm in 1979 after working in the South Dakota Attorney General’s Office as the chief deputy in charge of litigation and was a former “white collar” crime prosecutor.

(Certified as a Civil Trial Advocate by the National Board of Trial Advocacy)

Areas of Practice (3)

  • Administrative Law
  • Business Litigation
  • Health Law

Education & Credentials

Contact Information:
605-336-2424  Phone
605-334-0618  Fax
boycelaw.com/lawyers/thomas-j-welk
Mailing Address:
P.O. Box 5015, Sioux Falls, SD 57104-6367
University Attended:
University of South Dakota School of Business, B.S., Economics with honors, 1972; University of South Dakota School of Business, M.B.A., 1975
Law School Attended:
University of South Dakota, J.D., 1975
Year of First admission:
1975
Admission:
1975, South Dakota
Memberships:
State Bar of South Dakota (President, 2004-2005); American Board of Trial Advocates; Federation of Defense and Corporate Counsel; Defense Research Institute; South Dakota Defense Lawyers Association.
Birth Information:
Hoven, South Dakota, August 12, 1950
Reported Cases:

ADMINISTRATIVE LAW

Citibank, N.A. v. South Dakota Department of Revenue, 868 N.W.2d 381 (2015)(refund request of over $30 million for bank franchise taxes involving statute of limitations). BSSE Project Counsel. Lead South Dakota permit counsel for over a 160 mile 345kV electric transmission line in excess of $300 million in construction costs for Montana-Dakota Utilities Co. and Otter Tail Power Company. Gerald Pesall v. Montana Dakota Utilities Co., Otter Tail Power and South Dakota Public Utilities Commission, 871 N.W.2d 649 (2015). (Affirming issuance of construction permit.) Northwestern Energy Rate Case, SD PUC Docket EL14-106 (represented industrial intervenors) settlement approved by SD PUC by Order dated November 4, 2015. In re Otter Tail Power Co. ex rel. Big Stone II, 744 N.W.2d 594 (SD 2008). Lead South Dakota counsel for Big Stone II, a coal fired power plant project which exceeded $1.5 billion in construction costs, in obtaining various permits. Northwestern Bell Telephone Co., Inc. d/b/a U.S. West Communications v. Kenneth D. Stofferahn, 461 NW2d 129 (SD 1990). (Declaratory and mandamus proceeding to disqualify elected public utility official based upon bias.)

BUSINESS LITIGATION

Raven Industries, Inc. v. Clark Lee and Integra Plastics, Inc. 2010 SD 49, 783 N.W. 2d 844. Represented plaintiff employer in obtaining permanent injunction against departing employee and new employer. Herman Schumacher, Michael P. Callicrate, and Roger D. Koch vs. Tyson Fresh Meats, Inc., Cargill Meat Solutions Corporation d/b/a Excel Corporation, Swift Beef Company and National Beef Packing Company, L.L.C., 515 F.3d 867 (8th Cir. 2008). The case involved motions to dismiss, summary judgment, national class certification, a jury trial of a nationwide class and an appeal. Co-lead counsel for one of the defendants in a case involving alleged violations of the Packers and Stockyards Act. Dosch v. Avera Health, 731 N.W.2d 184 (SD 2007). Lead counsel for a hospital system in a state class action involving health care pricing issues. Mueller et al. v. Cedar Shore Resort, Inc., et al., 643 N.W.2d 56 (SD 2002). Represented eight officers and directors personally in a complex shareholder litigation matter. First American Bank & Trust, N.A. v. Farmers State Bank of Canton, et al., 756 N.W.2d 19 (SD 2008) Banking law litigation.

ANTITRUST LITIGATION

Corner Pocket et al v. Video Lottery Technologies, Inc. et al., 123 F.3d 1007 (8th Cir. 1997), cert denied, 118 S. Ct. 1054 (1998). Appointed lead defense counsel by Chief Judge Richard Battey in a multimillion dollar and multiple party class action video lottery antitrust case. State of South Dakota, et al. v. Kansas City Southern Industries, Inc., et al., 880 F. 2d 40 (8th Cir. 1989) cert. denied, 493 US 1023, 110 S.Ct. 726, 107 L.Ed 2d 745. (Nine week jury trial representing State of South Dakota involving Section 1 and 2 Sherman Act claims and tortious interference with contract.)

LAWYERS MALPRACTICE DEFENSE

Hutterville Hutterian Brethren, Inc., et al. v. Jeffrey T. Sveen, et al., 776 F.3d 547 (8th Cir. 2015) Roger Hamilton v. Richard A Sommers, et al., 855 N.W.2d 855 (S.D. 2014) Chem Age Industries, Inc. v. Glover, 652 N.W.2d 756 (SD 2002). Yarcheski v. Reiner, Miner and Johnson, Heidepreim, Miner, Marlow & Janklow, LLP, 669 N.W.2d 487 (SD 2003)

FAMILY LAW

Schieffer v. Schieffer, 826 N.W. 2d 627, 2013 WL 266258, 2013 SD 11 (representation of husband in substantial net worth case involving prenuptial agreement, child support and relocation request of special needs child). Sanford v. Sanford, 694 N.W.2d 283 (SD 2005). Represented wife challenging prenuptial agreement involving one of the largest reported marital estates in the history of South Dakota.

APPELLATE EXPERIENCE

Involved in more than sixty (60) appeals to the South Dakota Supreme Court and Eighth and Ninth Circuit Courts of Appeal, and has argued over fifty (50) of these cases personally.

OTHER REPRESENTATIONS

Complex trust and estate litigation (representing trustees, beneficiaries and special committee members) (matters are sealed) Appointed receiver in family law matter — Mary Grace Raiche v. Fred Raiche, Minnehaha County Circuit Court Div. 13-565; Lisa Jane Nielsen v. Larry Lee Nielsen, Minnehaha County Circuit Court Div. 14-007. Special counsel engaged to conduct investigations for various public and private entities.
Certifications:
( Certified as a Civil Trial Advocate by the National Board of Trial Advocacy )
ISLN:
902857702
Payment Information:
  • Credit cards accepted
  • Accepts Visa and MasterCard
  • Peer Reviews

    • 5.0/5.0
    • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

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