8 South Dakota opinions name it 1 courts 1975–2026 1 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 |
|---|---|---|
Melstad v. Kovacgreen1 sentence2018See Melstad v. Kovac , 2006 S.D. 92 , ¶ 10, 723 N.W.2d 699 , 703 (recognizing the validity of an oral settlement agreement between the attorney for the plaintiff and the insurer in the context of a personal injury claim). | 1 | 1 |
Quality Chiropractic, PC v. Farmers Insurancegreen2 sentences2010Co., 847 N.E.2d 942 (Ind.2006) (construing the common law to prohibit an assignment of proceeds and leaving it to the legislature to change the rule); Quality Chiropractic, 132 N.M. at 525-27 , 51 P.3d at 1179-81 (rejecting the distinction between assignments of claims and proceeds, observing that public policy prohibits allowing assignments to be treated “as currency” for any purpose, and litigation complications in the medical arena *372 make “it best to leave to the legislature the decision as to whether to recognize health care assignments”). [¶ 14.] We observe that there is a technical, l 2010Co., 847 N.E.2d 942 (Ind.2006) (construing the common law to prohibit an assignment of proceeds and leaving it to the legislature to change the rule); Quality Chiropractic, 132 N.M. at 525-27 , 51 P.3d at 1179-81 (rejecting the distinction between assignments of claims and proceeds, observing that public policy prohibits allowing assignments to be treated “as currency” for any purpose, and litigation complications in the medical arena *372 make “it best to leave to the legislature the decision as to whether to recognize health care assignments”). [¶ 14.] We observe that there is a technical, l | 1 | 1 |
Kappenmann v. Kappenmanngreen1 sentence2007But, in Kappenmann v. Kappenmann, this Court set aside a pending personal injury claim to the wife. 479 N.W.2d 520, 525 (S.D.1992). | 1 | 1 |
Colby v. Columbia Countygreen2 sentences2006Colby v. Columbia Co., 202 Wis.2d 342 , 550 N.W.2d 124, 127-28 (Wis.1996) (analyzing Wis Stat 893.23). 2006Colby v. Columbia Co., 202 Wis.2d 342 , 550 N.W.2d 124, 127-28 (Wis.1996) (analyzing Wis Stat 893.23). | 1 | 1 |
In Re Marriage of McNerneygreen2 sentences1988In other jurisdictions, there are cases which hold such funds are marital assets, In re Marriage of McNerney, 417 N.W.2d 205, 206 (Iowa 1987) ("proceeds of a personal injury claim are marital assets, to be divided according to the circumstances of each case"); Phillips v. Phillips, 290 S.C. 455 , 351 S.E.2d 178 (S.C.App.1986); McDonald v. McDonald, 19 Ark.App. 75 , 716 S.W.2d 788 (1986); Richardson v. Richardson, 139 Wis.2d 778 , 407 N.W.2d 231 (1987), and cases which hold the funds belong to the party injured and are not marital assets, Regan v. Regan, 507 So.2d 54 (Miss.1987); Izatt v. Izatt 1988In other jurisdictions, there are cases which hold such funds are marital assets, In re Marriage of McNemey, 417 N.W.2d 205, 206 (Iowa 1987) (“proceeds of a personal injury claim are marital assets, to be divided according to the circumstances of each case”); Phillips v. Phillips, 290 S.C. 455 , 351 S.E.2d 178 (S.C.App.1986); McDonald v. McDonald, 19 Ark.App. 75 , 716 S.W.2d 788 (1986); Richardson v. Richardson, 139 Wis.2d 778 , 407 N.W.2d 231 (1987), and cases which hold the funds belong to the party injured and are not marital assets, Regan v. Regan, 507 So.2d 54 (Miss.1987); Izatt v. Izatt, | 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 |
|---|---|---|
Egan v. Waggoner
green
2 sentences2026But Davenport, and its preceding case, Egan v. Waggoner, 170 N.W. 142 (S.D. 1918), dealt with an attorney who was disbarred prior to the resolution of a case involving joint representation. [¶32.] In Egan, a client retained two attorneys to prosecute a personal injury claim for a contingent fee of 50% of the amount collected. 170 N.W. at 142 . 2026But Davenport, and its preceding case, Egan v. Waggoner, 170 N.W. 142 (S.D. 1918), dealt with an attorney who was disbarred prior to the resolution of a case involving joint representation. [¶32.] In Egan, a client retained two attorneys to prosecute a personal injury claim for a contingent fee of 50% of the amount collected. 170 N.W. at 142 . | 1 | 2026–2026 |
Community Hospital of Roanoke Valley, Inc. v. Musser (In Re Musser)
green
2 sentences2010The assignment of a personal injury claim is a legal assignment that involves the “transfer of a present right which divests the assignor of all control over that which is assigned.” Musser, 24 B.R. at 919 . 2010The assignment of a personal injury claim is a legal assignment that involves the “transfer of a present right which divests the assignor of all control over that which is assigned.” Musser, 24 B.R. at 919 . | 1 | 2010–2010 |
Midtown Chiropractic v. Illinois Farmers Insurance Co.
green
1 sentence2010Co., 847 N.E.2d 942 (Ind.2006) (construing the common law to prohibit an assignment of proceeds and leaving it to the legislature to change the rule); Quality Chiropractic, 132 N.M. at 525-27 , 51 P.3d at 1179-81 (rejecting the distinction between assignments of claims and proceeds, observing that public policy prohibits allowing assignments to be treated “as currency” for any purpose, and litigation complications in the medical arena *372 make “it best to leave to the legislature the decision as to whether to recognize health care assignments”). [¶ 14.] We observe that there is a technical, l | 1 | 2010–2010 |
Hemme v. Bharti
green
2 sentences2007Id. 2007Id. | 1 | 2007–2007 |
Regan v. Regan
green
2 sentences1988In other jurisdictions, there are cases which hold such funds are marital assets, In re Marriage of McNerney, 417 N.W.2d 205, 206 (Iowa 1987) ("proceeds of a personal injury claim are marital assets, to be divided according to the circumstances of each case"); Phillips v. Phillips, 290 S.C. 455 , 351 S.E.2d 178 (S.C.App.1986); McDonald v. McDonald, 19 Ark.App. 75 , 716 S.W.2d 788 (1986); Richardson v. Richardson, 139 Wis.2d 778 , 407 N.W.2d 231 (1987), and cases which hold the funds belong to the party injured and are not marital assets, Regan v. Regan, 507 So.2d 54 (Miss.1987); Izatt v. Izatt 1988In other jurisdictions, there are cases which hold such funds are marital assets, In re Marriage of McNemey, 417 N.W.2d 205, 206 (Iowa 1987) (“proceeds of a personal injury claim are marital assets, to be divided according to the circumstances of each case”); Phillips v. Phillips, 290 S.C. 455 , 351 S.E.2d 178 (S.C.App.1986); McDonald v. McDonald, 19 Ark.App. 75 , 716 S.W.2d 788 (1986); Richardson v. Richardson, 139 Wis.2d 778 , 407 N.W.2d 231 (1987), and cases which hold the funds belong to the party injured and are not marital assets, Regan v. Regan, 507 So.2d 54 (Miss.1987); Izatt v. Izatt, | 1 | 1988–1988 |
Phillips v. Phillips
green
2 sentences1988In other jurisdictions, there are cases which hold such funds are marital assets, In re Marriage of McNemey, 417 N.W.2d 205, 206 (Iowa 1987) (“proceeds of a personal injury claim are marital assets, to be divided according to the circumstances of each case”); Phillips v. Phillips, 290 S.C. 455 , 351 S.E.2d 178 (S.C.App.1986); McDonald v. McDonald, 19 Ark.App. 75 , 716 S.W.2d 788 (1986); Richardson v. Richardson, 139 Wis.2d 778 , 407 N.W.2d 231 (1987), and cases which hold the funds belong to the party injured and are not marital assets, Regan v. Regan, 507 So.2d 54 (Miss.1987); Izatt v. Izatt, 1988In other jurisdictions, there are cases which hold such funds are marital assets, In re Marriage of McNemey, 417 N.W.2d 205, 206 (Iowa 1987) (“proceeds of a personal injury claim are marital assets, to be divided according to the circumstances of each case”); Phillips v. Phillips, 290 S.C. 455 , 351 S.E.2d 178 (S.C.App.1986); McDonald v. McDonald, 19 Ark.App. 75 , 716 S.W.2d 788 (1986); Richardson v. Richardson, 139 Wis.2d 778 , 407 N.W.2d 231 (1987), and cases which hold the funds belong to the party injured and are not marital assets, Regan v. Regan, 507 So.2d 54 (Miss.1987); Izatt v. Izatt, | 1 | 1988–1988 |
McDonald v. McDonald
neutral
2 sentences1988In other jurisdictions, there are cases which hold such funds are marital assets, In re Marriage of McNemey, 417 N.W.2d 205, 206 (Iowa 1987) (“proceeds of a personal injury claim are marital assets, to be divided according to the circumstances of each case”); Phillips v. Phillips, 290 S.C. 455 , 351 S.E.2d 178 (S.C.App.1986); McDonald v. McDonald, 19 Ark.App. 75 , 716 S.W.2d 788 (1986); Richardson v. Richardson, 139 Wis.2d 778 , 407 N.W.2d 231 (1987), and cases which hold the funds belong to the party injured and are not marital assets, Regan v. Regan, 507 So.2d 54 (Miss.1987); Izatt v. Izatt, 1988In other jurisdictions, there are cases which hold such funds are marital assets, In re Marriage of McNemey, 417 N.W.2d 205, 206 (Iowa 1987) (“proceeds of a personal injury claim are marital assets, to be divided according to the circumstances of each case”); Phillips v. Phillips, 290 S.C. 455 , 351 S.E.2d 178 (S.C.App.1986); McDonald v. McDonald, 19 Ark.App. 75 , 716 S.W.2d 788 (1986); Richardson v. Richardson, 139 Wis.2d 778 , 407 N.W.2d 231 (1987), and cases which hold the funds belong to the party injured and are not marital assets, Regan v. Regan, 507 So.2d 54 (Miss.1987); Izatt v. Izatt, | 1 | 1988–1988 |
Marriage of Richardson v. Richardson
green
2 sentences1988In other jurisdictions, there are cases which hold such funds are marital assets, In re Marriage of McNemey, 417 N.W.2d 205, 206 (Iowa 1987) (“proceeds of a personal injury claim are marital assets, to be divided according to the circumstances of each case”); Phillips v. Phillips, 290 S.C. 455 , 351 S.E.2d 178 (S.C.App.1986); McDonald v. McDonald, 19 Ark.App. 75 , 716 S.W.2d 788 (1986); Richardson v. Richardson, 139 Wis.2d 778 , 407 N.W.2d 231 (1987), and cases which hold the funds belong to the party injured and are not marital assets, Regan v. Regan, 507 So.2d 54 (Miss.1987); Izatt v. Izatt, 1988In other jurisdictions, there are cases which hold such funds are marital assets, In re Marriage of McNemey, 417 N.W.2d 205, 206 (Iowa 1987) (“proceeds of a personal injury claim are marital assets, to be divided according to the circumstances of each case”); Phillips v. Phillips, 290 S.C. 455 , 351 S.E.2d 178 (S.C.App.1986); McDonald v. McDonald, 19 Ark.App. 75 , 716 S.W.2d 788 (1986); Richardson v. Richardson, 139 Wis.2d 778 , 407 N.W.2d 231 (1987), and cases which hold the funds belong to the party injured and are not marital assets, Regan v. Regan, 507 So.2d 54 (Miss.1987); Izatt v. Izatt, | 1 | 1988–1988 |
Izatt v. Izatt Ex Rel. Clark
green
2 sentences1988In other jurisdictions, there are cases which hold such funds are marital assets, In re Marriage of McNerney, 417 N.W.2d 205, 206 (Iowa 1987) ("proceeds of a personal injury claim are marital assets, to be divided according to the circumstances of each case"); Phillips v. Phillips, 290 S.C. 455 , 351 S.E.2d 178 (S.C.App.1986); McDonald v. McDonald, 19 Ark.App. 75 , 716 S.W.2d 788 (1986); Richardson v. Richardson, 139 Wis.2d 778 , 407 N.W.2d 231 (1987), and cases which hold the funds belong to the party injured and are not marital assets, Regan v. Regan, 507 So.2d 54 (Miss.1987); Izatt v. Izatt 1988In other jurisdictions, there are cases which hold such funds are marital assets, In re Marriage of McNemey, 417 N.W.2d 205, 206 (Iowa 1987) (“proceeds of a personal injury claim are marital assets, to be divided according to the circumstances of each case”); Phillips v. Phillips, 290 S.C. 455 , 351 S.E.2d 178 (S.C.App.1986); McDonald v. McDonald, 19 Ark.App. 75 , 716 S.W.2d 788 (1986); Richardson v. Richardson, 139 Wis.2d 778 , 407 N.W.2d 231 (1987), and cases which hold the funds belong to the party injured and are not marital assets, Regan v. Regan, 507 So.2d 54 (Miss.1987); Izatt v. Izatt, | 1 | 1988–1988 |
Imel v. Travelers Indemnity Company
green
2 sentences1975A few of the distinctions are: subrogation secures contribution and indemnity, whereas assignment transfers the entire claim; the consideration in subrogation moves from subrogor to subrogee, whereas in an assignment the consideration flows from assignee to assignor; assignment contemplates the assignee being a volunteer, whereas subrogation rests on a contractual duty to pay; assignment normally covers but a single claim, whereas subrogation may include a number of claims over a specific period of time; subrogation entails a substitution, whereas assignment is an outright transfer.” (citation 1975A few of the distinctions are: subrogation secures contribution and indemnity, whereas assignment transfers the entire claim; the consideration in subrogation moves from subrogor to subrogee, whereas in an assignment the consideration flows from assignee to assignor; assignment contemplates the assignee being a volunteer, whereas subrogation rests on a contractual duty to pay; assignment normally covers but a single claim, whereas subrogation may include a number of claims over a specific period of time; subrogation entails a substitution, whereas assignment is an outright transfer." (citation | 1 | 1975–1975 |
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.