Latest 4 Cases: Ibrahim v. Department Of Public Safety (Criminal Law), Billman v. Clarke Machine, Inc. (Labor & Employment Law), Sentell v. Farm ...

The Oprah Interview as a Truth Commission

LESLEY WEXLER

Illinois Law professor Lesley Wexler explains how Oprah’s interview with Prince Harry and Meghan Markle might illuminate how a formal truth commission to deal with legacies of racism and colonialism might function in the British empire. Professor Wexler describes the purpose and function of state-operated truth commissions and notes the similarities and differences between those and the interview.

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Ibrahim v. Department Of Public Safety

Citation: 2021 S.D. 17

Opinion Date: March 10, 2021

Judge: Jensen

Areas of Law: Criminal Law, Government & Administrative Law

The Supreme Court reversed the judgment of the circuit court reversing the judgment of the Department of Public Safety ordering Appellee's commercial driving privileges to be disqualified for one year, holding that commercial driver's license (CDL) disqualification under S.D. Codified Laws 32-12A-36(4) applies when a vehicle is used as a means to possess a felony quantity of marijuana. The Department disqualified Appellee's commercial driving privileges for one year pursuant to 32-12A-36(4) because he had been convicted of a felony committed in a vehicle by a CDL holder. The circuit court reversed Appellee's CDL disqualification, holding that the statute requires that a vehicle was an "instrumentality" of the felony. The Supreme Court reversed and reinstated the Department's decision, holding (1) possession of a felony quantity of marijuana in a vehicle is "using a...vehicle in the commission of any felony" under section 13-21A-36(4); (2) the circuit court erred by holding that section 13-21A-36(4) was unconstitutionally vague; and (3) there was sufficient evidence to support the Department's disqualification of Appellee's CDL privileges.

Billman v. Clarke Machine, Inc.

Citation: INC., 2021 S.D. 18

Opinion Date: March 10, 2021

Judge: David Gilbertson

Areas of Law: Government & Administrative Law, Labor & Employment Law, Personal Injury

The Supreme Court reversed the judgment of the circuit court affirming the decision of the Department of Labor and Regulation denying Steven Billman's application for permanent total disability benefits, holding that the Department's determination that Billman was not obviously unemployable was clearly erroneous. During his employment, Billman suffered a work-related injury that required the amputation of his left leg just below the knee. The Department denied Billman's application for benefits, finding that Billman was not obviously unemployable and that he failed to conduct a reasonable job search. The circuit court affirmed the Department's findings. The Supreme Court reversed, holding that Billman established that he was obviously unemployable, and therefore, he was entitled to odd-lot disability benefits.

Sentell v. Farm Mutual Insurance Co.

Citation: 2021 S.D. 19

Opinion Date: March 10, 2021

Judge: Devaney

Areas of Law: Insurance Law

The Supreme Court affirmed the judgment of the trial court denying Insureds' motion for attorney fees after they prevailed in their claims against Insurer, holding that the circuit court properly declined to award Insureds' requested attorney fees. A jury returned a verdict in favor of Insureds on their claims of breach of contract and tortious breach of good faith and fair dealing arising out of Insurer's failure to pay for property damage sustained after a hail and wind storm. Insureds filed a motion for attorney fees, arguing that Insurer's disallowance of their claim was vexatious and unreasonable and in violation of the Unfair Trade Practices Act. The trial court denied Insureds' request, concluding that the circuit court could not award attorney fees without a jury determination that Insurer had engaged in an unfair trade practice. The Supreme Court affirmed, holding that the circuit court did not err in declining to award attorney fees.

In re Estate of French

Citation: 2021 S.D. 20

Opinion Date: March 10, 2021

Judge: Salter

Areas of Law: Real Estate & Property Law

The Supreme Court reversed the order of the circuit court applying the doctrine of equitable tolling, thus allowing Noreen French to bring an action against the Estate of Norman D. French to enforce a contract for deed relating to the sale of two quarter sections of farmland, holding that the circuit court erred in applying the doctrine of equitable tolling. Norman French, who farmed two quarters of land in Beadle County, entered into a contract for deed with Alan and Noreen French, his son and daughter-in-law, to sell them the land for $10,000. Noreen continued to farm the two quarters after both Norman and Alan passed away. When Noreen learned that Norman had never conveyed the two quarters, the Estate commenced an action to discharge the contract for deed. The circuit court denied the Estate's petition. Noreen then filed this action alleging that she satisfied her obligations under the contract for deed and requesting that the court order the Estate to deliver a deed conveying legal title to the two quarters of farmland. The Supreme Court reversed, holding that the court's decision to apply the doctrine of equitable tolling was not sustainable.