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6 South Dakota opinions name it 1 courts 1936–2022 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 |
|---|---|---|
Schreiner v. Scovillegreen2 sentences2005Therefore, “the test for third party recovery is whether the intent to benefit actually existed, not whether there could have been an intent to benefit the third party.” Id. (quoting Flaherty, 492 A.2d at 625 ). [¶ 14.] In Schreiner v. Scoville, the Supreme Court of Iowa allowed for a limited exception to the strict privity rule noting that “[t]his trend is particularly evident in cases involving claims against lawyers accused of preparing testamentary instruments that are invalid or in some other way frustrate the stated testamentary intent of the deceased.” 410 N.W.2d 679, 681 (Iowa 1987). 2005The Iowa court ultimately concluded that “a lawyer owes a duty of care to the direct, intended, and specifically identifiable beneficiaries of the testator as expressed in-the testator’s testamentary instruments.” Id. at 682 . [¶ 15.] Here, the Friske children are identifiable beneficiaries under Doug’s will and one of the primary objectives of Hogan’s representation was to benefit them. | 1 | 1 |
Savings Bank v. Wardgreen2 sentences2002Nat’l Savings Bank v. Ward, 100 U.S. [10 Otto] 195, 198, 25 L.Ed. 621, 624 (1879). 2002Nat'l Savings Bank v. Ward, 100 U.S. [10 Otto] 195, 198, 25 L.Ed. 621, 624 (1879). | 1 | 1 |
Noble v. Brucegreen2 sentences2002Noble v. Bruce, 349 Md. 730 , 709 A.2d 1264, 1278 (1998). 2002Noble v. Bruce, 349 Md. 730 , 709 A.2d 1264, 1278 (1998). | 1 | 1 |
Littau v. Midwest Commodities, Inc.green1 sentence1993Instead, we have stated that “the relationship of the parties, arising out of contract or otherwise, must be such that in morals and good conscience *657 the one has the right to rely upon the other for information, and the other giving the information to give it with care.” Littau v. Midwest Commodities, Inc., 316 N.W.2d 639, 644 (S.D.1982) (emphasis added). 3 See generally, Block v. Neal, 460 U.S. 289 , 103 S.Ct. 1089 , 75 L.Ed.2d 67 (1983). | 1 | 1 |
Schell v. Walkergreen2 sentences1983Schell v. Walker, 305 N.W.2d 920, 922 (S.D.1981). 1983Schell v. Walker, 305 N.W.2d 920, 922 (S.D. 1981). | 1 | 1 |
Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundationgreen2 sentences1983As the United States Supreme Court held when it eradicated the privity requirement in defensive uses of res judicata: 2 “Permitting repeated litigation of the same issue as long as the supply of unrelated defendants holds out reflects ... the aura of the gaming table . .. ‘hardly a worthy or wise basis for fashioning rules of procedure.’ ” Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation, 402 U.S. 313, 329 , 91 S.Ct. 1434, 1443 , 28 L.Ed.2d 788, 799-800 (1971) (quoting in part Kerotest Mfg. 1983As the United States Supreme Court held when it eradicated the privity requirement in defensive uses of res judicata: 2 “Permitting repeated litigation of the same issue as long as the supply of unrelated defendants holds out reflects ... the aura of the gaming table . .. ‘hardly a worthy or wise basis for fashioning rules of procedure.’ ” Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation, 402 U.S. 313, 329 , 91 S.Ct. 1434, 1443 , 28 L.Ed.2d 788, 799-800 (1971) (quoting in part Kerotest Mfg. | 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 |
|---|---|---|
Chem-Age Industries, Inc. v. Glover
green
2 sentences2022Chem-Age Indus., Inc. v. Glover, 2002 S.D. 122 , ¶ 30, 652 N.W.2d 756, 769 . 2022The privity rule limits third-party claims such that, “to recover for a lawyer’s negligence, a plaintiff must first show that an attorney-client relationship existed between the lawyer and the plaintiff.” 9 Id. | 2 | 2005–2022 |
Ford v. Moore
green
1 sentence2005This is commonly referred to as the “strict privity rule.” Id. [¶ 11.] The rationale behind maintaining the strict privity rule is as follows: First, the rule preserves an attorney’s duty of loyalty to and effective advocacy for the client. | 1 | 2005–2005 |
Flaherty v. Weinberg
green
2 sentences2005Therefore, “the test for third party recovery is whether the intent to benefit actually existed, not whether there could have been an intent to benefit the third party.” Id. (quoting Flaherty, 492 A.2d at 625 ). [¶ 14.] In Schreiner v. Scoville, the Supreme Court of Iowa allowed for a limited exception to the strict privity rule noting that “[t]his trend is particularly evident in cases involving claims against lawyers accused of preparing testamentary instruments that are invalid or in some other way frustrate the stated testamentary intent of the deceased.” 410 N.W.2d 679, 681 (Iowa 1987). 2005Therefore, “the test for third party recovery is whether the intent to benefit actually existed, not whether there could have been an intent to benefit the third party.” Id. (quoting Flaherty, 492 A.2d at 625 ). [¶ 14.] In Schreiner v. Scoville, the Supreme Court of Iowa allowed for a limited exception to the strict privity rule noting that “[t]his trend is particularly evident in cases involving claims against lawyers accused of preparing testamentary instruments that are invalid or in some other way frustrate the stated testamentary intent of the deceased.” 410 N.W.2d 679, 681 (Iowa 1987). | 1 | 2005–2005 |
Block v. Neal
green
2 sentences1993Instead, we have stated that “the relationship of the parties, arising out of contract or otherwise, must be such that in morals and good conscience *657 the one has the right to rely upon the other for information, and the other giving the information to give it with care.” Littau v. Midwest Commodities, Inc., 316 N.W.2d 639, 644 (S.D.1982) (emphasis added). 3 See generally, Block v. Neal, 460 U.S. 289 , 103 S.Ct. 1089 , 75 L.Ed.2d 67 (1983). 1993Instead, we have stated that “the relationship of the parties, arising out of contract or otherwise, must be such that in morals and good conscience *657 the one has the right to rely upon the other for information, and the other giving the information to give it with care.” Littau v. Midwest Commodities, Inc., 316 N.W.2d 639, 644 (S.D.1982) (emphasis added). 3 See generally, Block v. Neal, 460 U.S. 289 , 103 S.Ct. 1089 , 75 L.Ed.2d 67 (1983). | 1 | 1993–1993 |
Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.
green
2 sentences1983As of 1980, twelve jurisdictions were listed as continuing to cling to a strict privity requirement. 18 Wright, Miller and Cooper, § 4463 at 561 n. 4 (1981). [5] This doctrine is a product of: United Mine Workers v. Pennington, 381 U.S. 657 , 85 S.Ct. 1585 , 14 L.Ed.2d 626 (1965), and Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127 , 81 S.Ct. 523 , 5 L.Ed.2d 464 , reh'g denied, 365 U.S. 875 , 81 S.Ct. 899 , 5 L.Ed.2d 864 (1961). 1983As of 1980, twelve jurisdictions were listed as continuing to cling to a strict privity requirement. 18 Wright, Miller and Cooper, § 4463 at 561 n. 4 (1981). [5] This doctrine is a product of: United Mine Workers v. Pennington, 381 U.S. 657 , 85 S.Ct. 1585 , 14 L.Ed.2d 626 (1965), and Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127 , 81 S.Ct. 523 , 5 L.Ed.2d 464 , reh'g denied, 365 U.S. 875 , 81 S.Ct. 899 , 5 L.Ed.2d 864 (1961). | 1 | 1983–1983 |
United Mine Workers v. Pennington
green
2 sentences1983As of 1980, twelve jurisdictions were listed as continuing to cling to a strict privity requirement. 18 Wright, Miller and Cooper, § 4463 at 561 n. 4 (1981). [5] This doctrine is a product of: United Mine Workers v. Pennington, 381 U.S. 657 , 85 S.Ct. 1585 , 14 L.Ed.2d 626 (1965), and Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127 , 81 S.Ct. 523 , 5 L.Ed.2d 464 , reh'g denied, 365 U.S. 875 , 81 S.Ct. 899 , 5 L.Ed.2d 864 (1961). 1983As of 1980, twelve jurisdictions were listed as continuing to cling to a strict privity requirement. 18 Wright, Miller and Cooper, § 4463 at 561 n. 4 (1981). [5] This doctrine is a product of: United Mine Workers v. Pennington, 381 U.S. 657 , 85 S.Ct. 1585 , 14 L.Ed.2d 626 (1965), and Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127 , 81 S.Ct. 523 , 5 L.Ed.2d 464 , reh'g denied, 365 U.S. 875 , 81 S.Ct. 899 , 5 L.Ed.2d 864 (1961). | 1 | 1983–1983 |
Baker v. Carr
green
2 sentences1983This doctrine is a product of: United Mine Workers v. Pennington, 381 U.S. 657 , 85 S.Ct. 1585 , 14 L.Ed.2d 626 (1965), and Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127 , 81 S.Ct. 523 , 5 L.Ed.2d 464 , reh’g denied, 365 U.S. 875 , 81 S.Ct. 899 , 5 L.Ed.2d 864 (1961). 1983As of 1980, twelve jurisdictions were listed as continuing to cling to a strict privity requirement. 18 Wright, Miller and Cooper, § 4463 at 561 n. 4 (1981). [5] This doctrine is a product of: United Mine Workers v. Pennington, 381 U.S. 657 , 85 S.Ct. 1585 , 14 L.Ed.2d 626 (1965), and Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127 , 81 S.Ct. 523 , 5 L.Ed.2d 464 , reh'g denied, 365 U.S. 875 , 81 S.Ct. 899 , 5 L.Ed.2d 864 (1961). | 1 | 1983–1983 |
Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.
green
2 sentences1983This doctrine is a product of: United Mine Workers v. Pennington, 381 U.S. 657 , 85 S.Ct. 1585 , 14 L.Ed.2d 626 (1965), and Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127 , 81 S.Ct. 523 , 5 L.Ed.2d 464 , reh’g denied, 365 U.S. 875 , 81 S.Ct. 899 , 5 L.Ed.2d 864 (1961). 1983As of 1980, twelve jurisdictions were listed as continuing to cling to a strict privity requirement. 18 Wright, Miller and Cooper, § 4463 at 561 n. 4 (1981). [5] This doctrine is a product of: United Mine Workers v. Pennington, 381 U.S. 657 , 85 S.Ct. 1585 , 14 L.Ed.2d 626 (1965), and Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127 , 81 S.Ct. 523 , 5 L.Ed.2d 464 , reh'g denied, 365 U.S. 875 , 81 S.Ct. 899 , 5 L.Ed.2d 864 (1961). | 1 | 1983–1983 |
Labore v. Forbes
green
1 sentence1936This court in the case of Lahore v. Forbes, 59 S. D. 12, 238 N. W. 124, 125 , said: “Privity exists between two occupants when possession is acquired by voluntary transfer of title or possession.” Such is the general holding. | 1 | 1936–1936 |
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.