written notice requirement (South Dakota) · Go Syfert
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written notice requirement in South Dakota

7 South Dakota opinions name it 1 courts 1995–2018 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.

Followed or applied (2)

CaseFollowedCited
Shykes v. Rapid City Hilton Inngreen
sd · 2000 · cited in 3 South Dakota opinions naming this issue, 2006–2009
2 sentences

2009The “good cause” determination “shall be liberally construed in favor of the employee.” SDCL 62-7-10. “ ‘The purpose of the written notice requirement is to give the employer the opportunity to investigate the injury while the facts are accessible.’ ” Shykes v. Rapid City Hilton Inn, 2000 SD 123, ¶ 24 , 616 N.W.2d 493, 499 (quoting Westergren v. Baptist Hosp. of Winner, 1996 SD 69, ¶ 18 , 549 N.W.2d 390, 395 ).

2009The “good cause” determination “shall be liberally construed in favor of the employee.” SDCL 62-7-10. “ ‘The purpose of the written notice requirement is to give the employer the opportunity to investigate the injury while the facts are accessible.’ ” Shykes v. Rapid City Hilton Inn, 2000 SD 123, ¶ 24 , 616 N.W.2d 493, 499 (quoting Westergren v. Baptist Hosp. of Winner, 1996 SD 69, ¶ 18 , 549 N.W.2d 390, 395 ).

23
Streyle v. Steiner Corp.green
sd · 1984 · cited in 1 South Dakota opinions naming this issue, 2006–2006
2 sentences

2006"The notice requirement protects the employer by assuring he is alerted to the possibility of a claim so that a prompt investigation can be performed." Id. [¶ 53.] "In determining actual knowledge, the employee must prove that *598 the employer had `sufficient knowledge to indicate the possibility of a compensable injury.'" Shykes v. Rapid City Hilton Inn, 2000 SD 123, ¶ 36 , 616 N.W.2d 493, 501 (quoting Streyle v. Steiner Corp., 345 N.W.2d 865, 866 (S.D.1984)).

2006“The notice requirement protects the employer by assuring he is alerted to the possibility of a claim so that a prompt investigation can be performed.” Id. [¶ 53.] “In determining actual knowledge, the employee must prove that the employer had ‘sufficient knowledge to indicate the possibility of a compensable injury.’ ” Shykes v. Rapid City Hilton Inn, 2000 SD 123, ¶ 36 , 616 N.W.2d 493, 501 (quoting Streyle v. Steiner Corp., 345 N.W.2d 865, 866 (S.D.1984)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Westergren v. Baptist Hospital of Winner green
sd · 1996
2 sentences

2009The “good cause” determination “shall be liberally construed in favor of the employee.” SDCL 62-7-10. “ ‘The purpose of the written notice requirement is to give the employer the opportunity to investigate the injury while the facts are accessible.’ ” Shykes v. Rapid City Hilton Inn, 2000 SD 123, ¶ 24 , 616 N.W.2d 493, 499 (quoting Westergren v. Baptist Hosp. of Winner, 1996 SD 69, ¶ 18 , 549 N.W.2d 390, 395 ).

2009The “good cause” determination “shall be liberally construed in favor of the employee.” SDCL 62-7-10. “ ‘The purpose of the written notice requirement is to give the employer the opportunity to investigate the injury while the facts are accessible.’ ” Shykes v. Rapid City Hilton Inn, 2000 SD 123, ¶ 24 , 616 N.W.2d 493, 499 (quoting Westergren v. Baptist Hosp. of Winner, 1996 SD 69, ¶ 18 , 549 N.W.2d 390, 395 ).

32000–2009
Schindler v. Manchester Biscuit Co. green
sd · 1946
2 sentences

1996Schuck, 529 N.W.2d at 897 (citing Schindler v. Manchester Biscuit Co., 71 S.D. 336 , 24 N.W.2d 76 (1946)).

1996Schuck, 529 N.W.2d at 897 (citing Schindler v. Manchester Biscuit Co., 71 S.D. 336 , 24 N.W.2d 76 (1946)).

21995–1996
Brennan v. Brennan green
sd · 1974
2 sentences

2018Moreover, the County objected, requested a hearing before the circuit court on the application for taxation of attorney fees and costs, and filed a written notice of a hearing on American Legion's request for attorney fees. 2 Both parties appeared at the attorney fee hearing held approximately three weeks later. [¶38.] We have conditioned an award of attorney fees upon compliance with "procedural due process and fundamental fairness." Kappenman v. Kappenman , 522 N.W.2d 199 , 203 (S.D. 1994) (quoting Brennan v. Brennan, 88 S.D. 541 , 543, 224 N.W.2d 192 , 193 (1974) ).

2018Moreover, the County objected, requested a hearing before the circuit court on the application for taxation of attorney fees and costs, and filed a written notice of a hearing on American Legion's request for attorney fees. 2 Both parties appeared at the attorney fee hearing held approximately three weeks later. [¶38.] We have conditioned an award of attorney fees upon compliance with "procedural due process and fundamental fairness." Kappenman v. Kappenman , 522 N.W.2d 199 , 203 (S.D. 1994) (quoting Brennan v. Brennan, 88 S.D. 541 , 543, 224 N.W.2d 192 , 193 (1974) ).

12018–2018
Kappenman v. Kappenman green
sd · 1994
1 sentence

2018Moreover, the County objected, requested a hearing before the circuit court on the application for taxation of attorney fees and costs, and filed a written notice of a hearing on American Legion's request for attorney fees. 2 Both parties appeared at the attorney fee hearing held approximately three weeks later. [¶38.] We have conditioned an award of attorney fees upon compliance with "procedural due process and fundamental fairness." Kappenman v. Kappenman , 522 N.W.2d 199 , 203 (S.D. 1994) (quoting Brennan v. Brennan, 88 S.D. 541 , 543, 224 N.W.2d 192 , 193 (1974) ).

12018–2018
Schuck v. John Morrell & Co. green
sd · 1995
1 sentence

1996Schuck, 529 N.W.2d at 897 (citing Schindler v. Manchester Biscuit Co., 71 S.D. 336 , 24 N.W.2d 76 (1946)).

11996–1996

Statutes the citing opinions construe

SD § S.D. Codified Laws § 62-7-10 (6) SD § S.D. Codified Laws § 1-26-37 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 529 (1860–2026) CT 43 (1930–2026) TX 40 (1949–2024) AL 32 (1980–2024) IL 30 (1910–2025) FL 24 (1966–2018) OK 22 (1909–2022) PA 16 (1980–2025) GA 14 (1921–2022) NC 12 (1916–2024) TN 11 (1986–2021) HI 11 (1973–2023) CA 11 (1964–2024) MN 11 (1915–2016) MA 11 (1947–2025) MD 11 (1946–2007) ND 11 (1980–2009) OH 10 (1991–2025) UT 10 (1983–2024) VA 9 (1976–2016) LA 8 (1934–2021) NM 7 (1980–2019) MO 7 (1913–2022) CO 7 (1942–2026) SD 7 (1995–2018) MI 6 (1974–2025) ME 6 (1924–2013) KS 6 (1899–2014) NJ 6 (1962–2020) IN 5 (1982–2016) IA 5 (1916–2025) MS 5 (1996–2012) DC 5 (1979–2008) SC 5 (2001–2025) NE 4 (1989–2006) RI 4 (1999–2012) WI 4 (1981–2021) VT 3 (1986–2015) AR 3 (2011–2025) NV 3 (1975–2013) MT 2 (1975–1977) WA 2 (1995–1998) KY 2 (2020–2021) AK 2 (1984–1997)

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.

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