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Author Archives: Geri Dreiling

Criminal Law: Domestic Abuse- Prior Conviction- Firearm

Where a defendant was charged under three subsections of South Dakota’s “simple assault domestic violence” law and only two of the three subsections qualified as a misdemeanor crime of domestic violence which would allow the defendant to be charged in ...

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Criminal Law: Domestic Abuse- Prior Convictions- Tribal Court

Where a defendant in a domestic assault case challenged the admission of the victim’s testimony about the facts underlying his prior convictions as well as evidence of his tribal court convictions, the testimony was relevant to prove that the convictions ...

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Criminal Law: Conspiracy- Evidence

Where the defendant conspired with two other men to steal commercial trucks, trailers and the cargo, the mere fact that the defendant rented a storage unit and had a key to the unit where stolen goods were kept was not ...

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Contracts: Non-Compete Agreement- Personal Services Contract- Assignment

Where employees who signed non-compete agreements and were sued by the employer, which had purchased their former employer as an asset purchase, summary judgment in favor of the employees is reversed and remanded because the non-compete and confidentiality agreements were ...

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Civil Rights: Inmate Action- Deliberate Indifference- Dental Pain

Where a plaintiff who was arrested while recovering from dental surgery brought an action alleging deliberate indifference to his serious medical needs based on the officers’ refusal to provide him with any pain medications, the two days’ delay of pain ...

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Civil Practice: Settlement Agreement- Res Judicata- Legal Malpractice

Where plaintiffs who claimed that their attorney negligently advised them regarding their bankruptcy leading to a settlement agreement and the loss of their property ownership, the plaintiffs could have argued a negligence claim in their first malpractice action, so claim ...

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Bankruptcy: Time-Barred Claim- FDCPA

Even though a creditor filed a proof of claim in a Chapter 13 bankruptcy on a time-barred debt, the proof of claim was not false, deceptive or misleading under the Fair Debt Collections Practices Act. Eleventh Circuit The debtor “urges ...

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