Complaint and Summons in South Dakota  When you are served with a Complaint and Summons in South Dakota, you have a certain amount of time to respond or there could be dire consequences. If you don’t respond, a Court can agree with the facts in the Complaint and find you in default. You then have a judgment against you and the party against you can try to collect on that judgment through various avenues. In…
At the end of the year, millions of people around the world prepare for the arrival of Santa Claus. But what if Santa doesn’t bring what you ask for? Or, what if his reindeer cause damage to your roof? Can you sue Santa? This light-hearted post relates to whether you can sue Santa, and what are some of the considerations associated with that.[1] However, it does not attempt to deal with the more important question…
In my blog article “Confidential Information” vs. “Trade Secrets,” I provided a general overview of what confidential information and trade secrets are. Let’s pretend, however, that despite your efforts and filing a lawsuit, your valuable information is at risk because an employee took it with them when they quit. What can you do to protect further damage to your business or, at the very least, protect your business from being damaged during the…
Being the national language, English is by far the most common language spoken in the United States. However, there is a substantial section of the population who either do not speak much English or are at least more comfortable in their native (non-English) language. With that in mind, being able to speak a second language is a useful skill for attorneys. Being bilingual myself (I speak English and Spanish), I have seen this firsthand. This…
During the past several months, due to the coronavirus pandemic, a lot of court proceedings have moved to video chatting programs or to telephone conferences. Court proceedings previously thought to be only effectively done in person are now routinely done remotely. This poses a question of how should litigants and attorneys prepare for such hearings? The short answer: thoroughly.…
Before filing a lawsuit, it is imperative that you put an idea in place on what the case is worth. There are various buckets of damages to consider when evaluating what your case is worth. Compensatory damages are actual damages caused by losses that plaintiffs experience. While compensatory damages are designed to provide justice through reimbursement after a wrong is committed, punitive damages can be awarded on top of compensatory damages. Punitive damages are available…
When you get a bad outcome in a case, it is natural to say: “I will just appeal it.” But it is not always that simple and not always possible. This blog tries to give a brief overview of some initial considerations for when you could appeal a decision, and what is involved with an appeal.…
The short answer is – absolutely! Over the past couple of months and into the foreseeable future, many of us litigators and our clients will be appearing before Courts via videoconferencing technology for a meaningful and substantive hearing. As the old adage goes, one party has to wear the black hat and be the bad guy and one party has to wear the white hat and be the good guy. And as litigators, we always…
Congratulations! You have won your case.  But, was it worth it?  Sadly, winning a case does not guarantee that the defendant will actually pay you what the court says they owe.  The fact is that some people simply do not have the money to pay you, or (out of spite, defiance, or some other reason) they choose to brush off the court’s order and refuse to pay.  This post presents a couple of options that…