8 South Dakota opinions name it 1 courts 1984–2020 0 in the last five years
The cases below were cited by South Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Dartt v. Berghorstgreen1 sentence2019See Dartt v. Berghorst, 484 N.W.2d 891, 896 (S.D. 1992). -3- #28695, #28719 [¶7.] Notwithstanding this detailed instruction concerning the order and effect of the jury’s individual factual determinations, the verdict form did not include corresponding special interrogatories. | 1 | 1 |
Fuerstenberg v. Fuerstenberggreen1 sentence2013See Fuerstenberg v. Fuerstenberg, 1999 S.D. 35 , 591 N.W.2d 798 . 2 In balancing all of the applicable Fuerstenberg factors, the trial court determined that it was in D.L.H.’s best interests that Father have primary physical custody. [¶ 10.] Mother appeals from the trial court’s order granting change of primary physical custody of D.L.H. to Father. | 1 | 1 |
Spires v. Lighthouse Solutions, LLCgreen2 sentences2008The court, nonetheless, found that the company operated for its stated purpose and denied dissolution. [¶ 19.] Finally, in Spires v. Casterline, a New York court engaged in a detailed analysis of the company’s articles of organization and operating agreement. 4 Misc.3d 428 , 778 N.Y.S.2d 259, 263 (N.Y.Sup.Ct.2004). 2008The court, nonetheless, found that the company operated for its stated purpose and denied dissolution. [¶ 19.] Finally, in Spires v. Casterline, a New York court engaged in a detailed analysis of the company’s articles of organization and operating agreement. 4 Misc.3d 428 , 778 N.Y.S.2d 259, 263 (N.Y.Sup.Ct.2004). | 1 | 1 |
Janet Grebin v. Sioux Falls Independent School District No. 49-5, John W. Harris, H.C. Rustad, Ronald L. Becker and Arnold L. Bauergreen1 sentence2006No. 49-5, 779 F.2d 18, 20 (8th Cir.1985); abrogated on other grounds by Foster v. Univ. of Arkansas, 938 F.2d 111 (8th Cir.1991) (“McDonnell-Douglas was not a jury case and its ritual is not well suited as a detailed instruction to the jury”). [¶ 23.] The United States Supreme Court and Eighth Circuit Court of Appeals also explained that the McDonnell Douglas burden shifting analysis and presumption disappears when the case is submitted to the jury: “at [the] final stage of the burden shifting analysis, the plaintiffs burden ‘merges with the ultimate burden of persuading the jury that [the pla | 1 | 1 |
State v. Tchidagreen1 sentence1984See, e.g., State v. Tchida, 347 N.W.2d 338 (S.D.1984); High Elk v. State, supra; State v. McBride, supra; Williams v. State, 349 N.W.2d 58 (S.D.1984) If anything, our test of what constitutes prejudice warranting a reversal based upon an ineffectiveness of counsel claim may well be more stringent than that set out in Strickland. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Moore v. Moore
green
2 sentences2020“Just as courts must be wary of an alimony obligor’s efforts to minimize his or her ability to pay through under- or unemployment, courts must also consider conduct by the alimony recipient to maximize his or her unmet needs through speculative expenses and the minimization of support provided by their live-in cohabitants.” Id. (quoting Moore, 2009 S.D. 16 , ¶ 15, 763 N.W.2d at 540 ). [¶22.] Here, the modification court conducted a detailed analysis of the parties’ financial circumstances both at the time of the divorce and at the time of the modification hearing. 2020“Just as courts must be wary of an alimony obligor’s efforts to minimize his or her ability to pay through under- or unemployment, courts must also consider conduct by the alimony recipient to maximize his or her unmet needs through speculative expenses and the minimization of support provided by their live-in cohabitants.” Id. (quoting Moore, 2009 S.D. 16 , ¶ 15, 763 N.W.2d at 540 ). [¶22.] Here, the modification court conducted a detailed analysis of the parties’ financial circumstances both at the time of the divorce and at the time of the modification hearing. | 1 | 2020–2020 |
Leroy Foster v. University Of Arkansas
green
1 sentence2006No. 49-5, 779 F.2d 18, 20 (8th Cir.1985); abrogated on other grounds by Foster v. Univ. of Arkansas, 938 F.2d 111 (8th Cir.1991) (“McDonnell-Douglas was not a jury case and its ritual is not well suited as a detailed instruction to the jury”). [¶ 23.] The United States Supreme Court and Eighth Circuit Court of Appeals also explained that the McDonnell Douglas burden shifting analysis and presumption disappears when the case is submitted to the jury: “at [the] final stage of the burden shifting analysis, the plaintiffs burden ‘merges with the ultimate burden of persuading the jury that [the pla | 1 | 2006–2006 |
Wallace v. Dtg Operations, Inc.
green
1 sentence2006No. 49-5, 779 F.2d 18, 20 (8th Cir.1985); abrogated on other grounds by Foster v. Univ. of Arkansas, 938 F.2d 111 (8th Cir.1991) (“McDonnell-Douglas was not a jury case and its ritual is not well suited as a detailed instruction to the jury”). [¶ 23.] The United States Supreme Court and Eighth Circuit Court of Appeals also explained that the McDonnell Douglas burden shifting analysis and presumption disappears when the case is submitted to the jury: “at [the] final stage of the burden shifting analysis, the plaintiffs burden ‘merges with the ultimate burden of persuading the jury that [the pla | 1 | 2006–2006 |
Texas Department of Community Affairs v. Burdine
green
1 sentence2006No. 49-5, 779 F.2d 18, 20 (8th Cir.1985); abrogated on other grounds by Foster v. Univ. of Arkansas, 938 F.2d 111 (8th Cir.1991) (“McDonnell-Douglas was not a jury case and its ritual is not well suited as a detailed instruction to the jury”). [¶ 23.] The United States Supreme Court and Eighth Circuit Court of Appeals also explained that the McDonnell Douglas burden shifting analysis and presumption disappears when the case is submitted to the jury: “at [the] final stage of the burden shifting analysis, the plaintiffs burden ‘merges with the ultimate burden of persuading the jury that [the pla | 1 | 2006–2006 |
Stringer v. Black
green
2 sentences2000After the detailed analysis of Zant , it was inherent in our conclusion that the “invalid factor would not have made a difference to the jury’s determination.” Stringer, 503 U.S. at 232 , 112 S.Ct. at 1137 , 117 L.Ed.2d at 379 . 2000After the detailed analysis of Zant , it was inherent in our conclusion that the “invalid factor would not have made a difference to the jury’s determination.” Stringer, 503 U.S. at 232 , 112 S.Ct. at 1137 , 117 L.Ed.2d at 379 . | 1 | 2000–2000 |
In Re the Appeal of the Sales Tax Refund Applications of Black Hills Power & Light Co.
green
1 sentence1987While the general rule that repeals by implications are not favored is recognized, see, e.g., Matter of Sales Tax Refund Applications, 298 N.W.2d 799 (S.D.1980), such a detailed analysis is not needed in this case. | 1 | 1987–1987 |
State v. McBride
green
1 sentence1984See, e.g., State v. Tchida, 347 N.W.2d 338 (S.D.1984); High Elk v. State, supra; State v. McBride, supra; Williams v. State, 349 N.W.2d 58 (S.D.1984) If anything, our test of what constitutes prejudice warranting a reversal based upon an ineffectiveness of counsel claim may well be more stringent than that set out in Strickland. | 1 | 1984–1984 |
Williams v. State
green
1 sentence1984See, e.g., State v. Tchida, 347 N.W.2d 338 (S.D.1984); High Elk v. State, supra; State v. McBride, supra; Williams v. State, 349 N.W.2d 58 (S.D.1984) If anything, our test of what constitutes prejudice warranting a reversal based upon an ineffectiveness of counsel claim may well be more stringent than that set out in Strickland. | 1 | 1984–1984 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.