South Dakota Questions & Answers by Practice Area


  • Admiralty / Maritime
  • Adoption
  • Agricultural Law
  • Animal / Dog Law
  • Antitrust
  • Appeals / Appellate Law
  • Arbitration / Mediation Law
  • Banking
  • Business Formation
  • Business Law
  • Car Accidents
  • Child Custody
  • Child Support
  • Civil Litigation
  • Civil Rights
  • Collections
  • Communications Law
  • Constitutional Law
  • Construction Law
  • Domestic Violence
  • Education Law
  • Elder Law
  • Election Law
  • Employment Discrimination
  • Energy, Oil and Gas
  • Entertainment / Sports
  • Environmental
  • Federal Crimes
  • Gaming
  • Gov & Administrative Law
  • Government Contracts
  • Health Care Law
  • Identity Theft
  • Insurance Bad Faith
  • Insurance Defense
  • Intellectual Property
  • International Law
  • Internet Law
  • Juvenile Law
  • Land Use & Zoning
  • Landlord - Tenant
  • Legal Malpractice
  • Lemon Law
  • Libel & Slander
  • Medical Malpractice
  • Mergers & Acquisitions
  • Military Law
  • Municipal Law
  • Native American Law
  • Nursing Home Abuse
  • Patents (Intellectual Property)
  • Probate
  • Public Benefits
  • Securities Law
  • Sexual Harassment
  • Small Claims
  • Social Security
  • Stockbroker Fraud
  • Trademark
  • Uncategorized
  • White Collar Crime
  • Wrongful Death

South Dakota Questions & Answers

Q: What type of attorney handles disability discrimination/defamation/possible harassment suit against a university

1 Answer | Asked in Personal Injury for South Dakota on
Answered on Sep 12, 2018
Peter Munsing's answer
You would look for a disability rights attorney; check the South Dakota Assn for Justice--they can tell you who in your general area handles those cases, and their members give free consults.

Q: What kind of lawyer would I need because the person that leases farm land hasn't paid rent and has filed chapter 11

1 Answer | Asked in Bankruptcy and Contracts for South Dakota on
Answered on Jul 10, 2018
Timothy Denison's answer
Bankruptcy attorney who does creditors rights and Chapter 11.

Q: My brother in law is getting a divorce and he is giving her q million dollars. Does she have to pay income tax on that?

1 Answer | Asked in Divorce for South Dakota on
Answered on May 21, 2018
Salim U. Shaikh's answer
The moment she owns that amount assessment of income and holdings as a whole will start and at the end will have to pay taxes subject to assessed calculations.

Q: travel abroad LPR, misdemeanor for simple possession of 2 oz or less marijuana, 1yr max sentence, inadmissible?

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for South Dakota on
Answered on Mar 12, 2018
Hector E. Quiroga's answer
Yes. The maximum amount you can possess is 30 grams, and 2oz is closer to 50 grams. If you leave you will likely have trouble returning to the US.

Q: I was involved in a charter bus crash. What legal rights do the bus and insurance companys have to withhold my property.

1 Answer | Asked in Car Accidents for South Dakota on
Answered on Jan 4, 2018
Peter Munsing's answer
No. Contact a member of the SDak Assn for Justice --they give free consults.

Q: I have a residence in Mn. I have a car and insurance and license in Mn. My question is this.

1 Answer | Asked in Car Accidents for South Dakota on
Answered on Dec 21, 2017
Peter Munsing's answer
If you regularly drive it to South Dakota that should be noted. However if it's only used in Mn, is kept there, I don't see a problem.

Q: We are strictly a local business in SD, and we want to trademark "Handcrafted In the Name of Beer" but "In the Name of..

1 Answer | Asked in Trademark for South Dakota on
Answered on Nov 17, 2017
Benton R Patterson III's answer
You may be able to register a state level trademark, assuming the other company has a state level trademark and not a national level trademark. It is also possible that there may be an error in the other company's trademark filing or that you have superior rights to the mark based on prior use. I would speak with a trademark attorney to see what your options are.

Q: We are wanting to trademark a slogan for our company, "Handcrafted In the Name of Beer" but "In the Name of Beer"

1 Answer | Asked in Trademark for South Dakota on
Answered on Nov 16, 2017
Karima Gulick's answer
This would most likely lead someone to confusion between the marks and as such, you should probably find a different name.

As always, please read the disclaimers below.

Q: Can a person refile charges after they were dropped, who lied to police in the 1st place? Criminal Law

1 Answer | Asked in Criminal Law for South Dakota on
Answered on Oct 16, 2017
Salim U. Shaikh's answer
What's the nature of charges? When levelled first time and when dropped? Charges dropped by the police or at the court? Did police know that earlier charges were dropped?

Please elaborate your question.

Q: Who pays insurance claim for a minor that was in an accident?What happens when the minor becomes 18 & claim isn't paid 4

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for South Dakota on
Answered on Oct 9, 2017
Peter Munsing's answer
The parents are technically responsible.You may want to pay it if you can. Start by figuring what the bill was (I'm assuming you are at fault because you say so). If you pay you want a release of all claims.

Q: I am needing to file bankruptcy. How much does it cost? Can we go from my credit report if I dont have bills?

1 Answer | Asked in Bankruptcy for South Dakota on
Answered on Sep 26, 2017
Stuart Nachbar's answer
Get to a local bankruptcy counsel asap. Perhaps he/she can get you an emergency or "bare Bones" filing before the wage garnishment starts. Fees vary in regions. Most counsel will import a Credit Report to make sure everything is listed on the Petition.

Q: Man's net worth is 375,000 and he resides in SD. Dies, no will, left wife & 2 minor children& 25yr old child w/ diff mom

1 Answer | Asked in Estate Planning for South Dakota on
Answered on Aug 1, 2017
Kenneth V Zichi's answer
Still potentially too complex to state for sure. Does his net worth include assets in joint name or with beneficiaries, etc.

http://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=29A-2

will answer your question, but you're going to have to dig deeper than a qanda forum on the internet can provide and ultimately you need to hire an attorney to get a specific answer!

--This answer is offered for informational purposes only and does not...

Q: Dan has 28yr old son with diff person other than w/ his spouse Jan with their 2 minor children. No will. Who inherits?

1 Answer | Asked in Estate Planning for South Dakota on
Answered on Aug 1, 2017
Kenneth V Zichi's answer
All of the above potentially. It depends on how much value there is in Probate and who else might be owed money.

The laws of intestacy in the state where "Dan" lived will govern, and most states provide spouse and minor children are first in line, but if there are LEGAL children who are not the issue of the surviving spouse, then there is a provision for them too.

Without more facts it is impossible to say

--This answer is provided for information only, and should not...

Q: My lawyer retired without finishing my bankruptcy case. How do I get a hold of a certified copy of the dismissal form?

1 Answer | Asked in Bankruptcy for South Dakota on
Answered on Apr 30, 2017
Ray Choudhry's answer
Your question doesn't make sense. Once a lawyer files your bankruptcy case, he is stuck with you until he officially withdraws from the case or the case is dismissed or discharged.

He can't just retire and walk away.

Anyway, assuming your case is dismissed, you need to contact the Clerk of Bankruptcy Court where your bankruptcy case was filed.

That Clerk will tell you what you have to do to get a copy of the Order of Dismissal.

It's entirely possible your case...

Q: pictures where taken with consent why else could they charge a person with this

1 Answer | Asked in Criminal Law for South Dakota on
Answered on Nov 5, 2016
Paul Stanko's answer
What is your question?

Q: Hello, Can I file for green card together with my wife who is now working under TPS status? Thanks

1 Answer | Asked in Immigration Law for South Dakota on
Answered on Aug 3, 2016
Shan Dimitris Potts' answer
You can not apply for a green card for your wife when you do not have one, you did mention you are applying under EB2 but there is no guarantee that your petition might be approved. You can only apply after yours gets approved.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is only general in nature cannot be...

Q: Can you sue a person who is aware they are infected with a STD and they knowingly or intentionally infect multiple peopl

1 Answer | Asked in Personal Injury for South Dakota on
Answered on Dec 28, 2015
Adam Studnicki's answer
Definitely worth having a personal injury lawyer look at the case. There may be a viable claim.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local...

Q: If i build a drift trike at home and then sell it saying i built it at home, am i liable for any injuries they may have?

1 Answer | Asked in Products Liability for South Dakota on
Answered on Dec 28, 2015
Adam Studnicki's answer
Anyone can sue for anything, but doesn't mean they will win. More info is needed to answer in detail

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a...

Q: Do I need to pay for days downtime to repair car wash I damaged?

1 Answer | Asked in Car Accidents for South Dakota on
Answered on Nov 13, 2015
Adam Studnicki's answer
Turn it over to your insurance company.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific...

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