ADMINISTRATIVE LAWCitibank, 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 LITIGATIONRaven 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 LITIGATIONCorner 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 DEFENSEHutterville 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 LAWSchieffer 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 EXPERIENCEInvolved 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 REPRESENTATIONSComplex 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.
You should not send any sensitive or confidential information through this site. Emails sent through this site do not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent though this site could be intercepted or read by third parties.