According to the Federal District Court in South Dakota, it is only after a workers’ compensation claimant has exhausted her remedies under the South Dakota Workers’ Compensation statutes that a trial court may hear a bad faith claim for denial of workers’ compensation benefits. But what does it mean to exhaust your administrative workers’ compensation

On January 16, 2019, the Supreme Court of South Dakota published its opinion in Skjonsberg v. Menard, Inc., 2019 S.D. 6. This decision, which provides favorable language for Employers and Insurers, has potential ramifications on the bad faith environment in South Dakota.

In Skjonsberg, Cassandra Skjonsberg (“Claimant”) injured her right foot while working

The South Dakota Department of Labor recently held that when a Petition for Hearing is not filed within two (2) years from the date of the denial letter, the claim cannot be reopened for a change in condition pursuant to SDCL 62-7-33. In Palmquist v. Luverne Truck Equipment, Inc. and Travelers Insurance, the Claimant’s

Two 5th Circuit rulings recently addressed damages in claim brought under the Age Discrimination and Employment Act (ADEA) and the Fair Labor Standards Act (FLSA).  In Vaughan v. Anderson Regional Medical Center, 5th U.S. Circuit Court of Appeals, No. 16-6-1-4, a three-judge panel found that the plaintiff was not entitled to any damages for