We Get Results

We can’t guarantee victory. We’ve lost cases we thought we should win.
But we believe our results speak for themselves… A few are listed below.

Construction & Engineering

  • 2020: Resolved contractor claims with municipality in eastern South Dakota for undisclosed sum
  • 2018: following a 9-day Lake County jury trial, a unanimous verdict of $1,569,691 for our Client, Excel Underground, Inc., against the Brant Lake Sanitary District for wrongful termination, breach of the duty of good faith and fair dealing, defective plans and specifications, and systematic and intentional underpayment of contract items; the Trial Court then calculated and added prejudgment interest to that verdict, and entered a judgment in favor of our Client, in the amount of $2,026,483.39.
  • 2017: a confidential settlement following six months of litigation about cost overruns on a residential home and improperly documented mechanic’s liens in Union County
  • 2016: our successful motion for partial summary judgment eliminated over $1,000,000 in alleged liquidated damages that a public entity in Lake County had wrongfully attempted to collect from our Client, a general contractor
  • 2016: residential construction dispute in Lincoln County resulting in a $271,000 settlement package for the homeowner, one month before trial

Insurance Disputes

  • 2021: bad faith insurance dispute in regarding over $1 million in unpaid residential and commercial hail damage in Spink County resulting in confidential settlement after less than ten months of litigation
  • 2020: bad faith insurance dispute regarding Custer County cattle theft resulting in undisclosed settlement following three years of litigation
  • 2019: bad faith insurance dispute regarding failure to pay UIM coverage for fatal car crash in Yankton County, resulted in $325,000 settlement with insurer, plus additional insurance recovery for Clients
  • 2017: bad faith insurance dispute in Minnehaha County resulting in a confidential settlement following four years of litigation
  • 2014: fraud and deceit case in Lincoln County against a South Dakota insurance company resulted in a confidential settlement after a 12-month, AAA arbitration proceeding
  • 2013: automobile crash on Interstate 90, resulting in a $905,000 settlement following several years of litigation, but just a few months after we discovered a $1,000,000 insurance policy that had been concealed from our Client

Will & Trust Disputes

  • 2021: trial court victory to invalidate suspicious deed to $450,000 family farm in Gregory County, and obtained over $150,000 judgment for wrongdoer’s breach of fiduciary duty, and other damages
  • 2021: unanimous jury verdict in $4 million undue influence case seeking to invalidate Will
  • 2021:after two years of litigation and a court trial, successfully defended claim to invalidate a gift of real estate in Turner County valued at $165,000 at the time of gifting
  • 2015: a challenge to a million-dollar trust and a falsely notarized quitclaim deed in Minnehaha County resulting in a confidential settlement shortly after taking the deposition of the accused wrongdoer
  • 2014: a challenge to a will/probate in McCook County resulting in a $1,185,000 settlement two weeks before trial
  • 2013: successfully defended undue influence allegations in Minnehaha County, resulting in Client’s retention of all farmland

Medical Malpractice

  • $933,835 Jury Verdict where orthopedic surgeon performed unnecessary and negligent surgeries – Bockholt v. Sossan, Yankton County, S.D.
  • $600,000 settlement for failure to diagnose and treat infection;
  • $450,000 settlement for failure to diagnose heart attack;
  • $193,000 settlement for medication overdose/error; and
  • Significant settlements for hospital falls.
  • Current and pending cases include:
  • Death from complications involving plastic surgery;
  • Negligent rotator cuff repair;
  • Bowel perforation during hysterectomy;
  • Severing ureter during colon surgery and failed repair of ureter;
  • Hospital falls; and
  • Violation of patient privacy.

Personal Injury & Wrongful Death

We have achieved results for clients harmed or killed in car accidents, by defective products, and by the negligent actions of other individuals, including:

  • $2 Million wrongful death verdict in Minnesota – Simonian v. Gertz, Hennepin County District Court;
  • $745,000 in total recovery for a Yankton County, South Dakota, wrongful death auto crash, including the waiver/forgiveness of over $225,000 in crash-related medical expenses and cash recoveries of $520,000
  • Motor vehicle crash in Yankton County resulted in a $225,000 settlement for our Client six weeks prior to trial
  • Dalkon Shield Litigation – we represented several hundred women who were injured by defective intrauterine devices;
  • Breast Implant Litigation – we represented several hundred women against multiple manufacturers of defective implant products; and
  • Millions of dollars in total recoveries for clients who have sustained serious injury or death from motor vehicle crashes and accidents.

Business Formation & Disputes

We advise companies of all sizes, at all stages: from start-up, to growth, to exit-strategy, and everything in between. We assist with mergers and acquisitions, employment matters, intellectual property, and corporate governance. Along the way, businesses run into problems, and we understand the stress and frustration that accompanies commercial and corporate disputes. When the need arises, we have handled all types of business litigation, including:

  • Investor fraud cases
  • Commercial product disputes, including UCC claims
  • Secured Creditors and Lender/Borrower disputes
  • Buy-Sell Agreements
  • Real Estate Broker or Auctioneer malfeasance
  • Real Estate & Development Disputes
  • Litigation involving managers, directors, members, and shareholders; and
  • Business Dissolutions