Latest News

Below you will find a summary of some of the recent developments in cases successfully litigated by Schoenbeck Law, P.C., as well as some of the previous cases successfully litigated as a sample of our experience and success in the cases accepted by our firm.

Day County jury returned a $300,000 verdict

A Day County jury returned a $300,000 verdict for a local farmer for back injuries arising from a 1999 car accident. At that time, it was the largest verdict ever returned in Day County, and it reaffirms that local juries understand what a back injury means in the...

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Wegleitner v. Hartford Insurance

After the South Dakota Supreme Court's refusal to permit a dram shop cause of action, we tried a jury trial in Marshall County against the underinsurance carrier on October 1, 1998, and obtained a verdict of $600,000 for our client. At that time, it was the largest...

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Wegleitner v. Sattler and Town of Lake City

Wegleitner v. Sattler and Town of Lake City, 1998 S.D. 88, 582 N.W.2d 688, was the last dram shop case decided by the South Dakota Supreme Court. We represented a deputy sheriff who was rear-ended by a drunk driver. In the litigation, we settled with the drunk driver...

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Bad Faith Litigation with Safeco Insurance

In a Roberts County case in the Fifth Judicial Circuit against Safeco Insurance Company, we obtained a favorable verdict on the underlying personal injury case, and pursued Safeco for its unreasonable conduct in handling the claim. In that setting, it is an...

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Bad Faith Victory

The South Dakota Supreme Court affirmed a jury verdict against American Family Insurance in Biegler v. American Family Ins., 2001 S.D. 13, 621 N.W.2d 592. The original verdict is discussed below. The Supreme Court reduced the amount of the judgment to $165,000, which...

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Bad Faith Victory

The South Dakota Supreme Court once again reaffirmed that an insured can sue their insurance company for bad faith in handling a claim in a case we brought before the Court (Brooks v. Milbank Insurance Company, 2000 S.D. 16, 605 N.W.2d 173). After the Court's...

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Insurance Coverage Victory

Circuit Judge Robert Timm handed down a decision determining more than $1,000,000 of insurance coverage was available for our client and other victims. The factual setting in which the case arose is as follows: A car accident occurred on February 14, 1998. The...

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Insurance Dispute Victory

The South Dakota Supreme Court handed down a favorable decision in Rumpza v. Donalar Enterprises and Stockholm Farm Mutual Ins. Co., 1998 S.D. 79, 581 N.W.2d 517 (Rumpza II). The decision was another step in an insurance dispute we had been pursuing for five years,...

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Buffalo Trial Verdict Before Supreme Court

Attorney Schoenbeck will be arguing before the Supreme Court on January 8, 2019, in the case of Mealy v. Prins.  Our opponents were not happy with the Roberts County jury verdict results and appealed the decision to the Supreme...

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Banks Are Entitled To Be Treated Fairly Too

Schoenbeck Law had the honor and pleasure of successfully completing 2½ years of representation of an established South Dakota commercial institution in a banking litigation case involving a participating lending arrangement. Near the end of the litigation, we...

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Investment Banking Dispute

The United States 8th Circuit Court of Appeals handed down a win in an investment banking dispute involving a client of our office who assisted a meatpacker in obtaining financing for a meatpacking plant. After the financing was obtained, the meatpacker refused to pay...

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Securities Fraud

The South Dakota Supreme Court in Tschetter v. Berven, 2001 S.D. 11, 621 N.W.2d 372, determined that the LLC investments were not securities, and that there was no duty to perform a suitability assessment. The case arose out of actions by the promoters of a Country...

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Attorney Malpractice and Breach of Fiduciary Duty

A Grant County jury returned a verdict for $150,000 of principal and pre-judgment interest of approximately $45,000, for a total judgment of $195,000 in an attorney malpractice and breach of fiduciary duty case. The case was Harms v Boos. The jury took two hours to...

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Attorney Malpractice

We had the opportunity to be brought in as co-counsel in an attorney malpractice case where the trial judge ruled that the attorney's conduct was such that it was appropriate to go forward with discovery on a claim for punitive damages. In South Dakota, you can only...

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Medical Negligence

In a medical negligence case in Day County, South Dakota, we represented a victim of unnecessary multiple back surgeries. The victim had a non-operative compression fracture, but had the misfortune of being treated in the Avera St. Luke's emergency room by Dr. Britt...

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Accountant Malpractice

Our office completed an accounting malpractice case which also obtained a favorable ruling from the trial court permitting us to go forward with a punitive damage claim against the accountant. Specific facts were presented to the trial court that showed a reasonable...

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Codington County Jury Upholds Last Will and Testament

In a Codington County jury trial, we were successful in defending the wishes of a testator as reflected in her Last Will and Testament that was signed near the very end of her life. The Last Will and Testament left the bulk of her estate to charity. Two nieces...

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