Practice Areas

• Commercial Litigation
• Construction/ Design Litigation
• Family Law
• Insurance Litigation
• Products Liability
• Professional Liability

Experience

Since joining our firm, Michael Tobin has successfully tried cases in the courts of South Dakota. He has also tried commercial and construction arbitrations as a member of our litigation section. Michael joined the law firm in 2003 after completing his two year federal clerkship for the Honorable Charles B. Kornmann, United States District Judge for the District of South Dakota, in Pierre and Aberdeen.

He has been involved in several appeals to the South Dakota Supreme Court, including Schwaiger v. Avera Queen of Peace Health Services, 2006 SD 44, 714 NW2d 874, which he successfully argued before the Court. He has defended numerous claims against engineers, lawyers, and contractors. He also has defended bad faith insurance claims and products liability claims. He has engaged in extensive motion practice before the courts of South Dakota, successfully obtaining numerous summary judgments and dismissals for a variety of clients. He is currently involved in the following illustrative matters:

• Defending an insurance bad faith claim where the plaintiff is seeking over $15 million in damages.
• Defending a manufacturer in a products liability case where the plaintiff is seeking millions in damages.
• Defending engineers and lawyers against malpractice claims brought against them.
• Defending bank executives in a claim where the plaintiff seeks millions in damages.

Education

• J.D., University of South Dakota School of Law (2001)
  • Sterling Honor Graduate
  • Recipient of the Lexis/Nexus Award for highest GPA in graduating class
  • Member of The Order of Barristers for oral argument and advocacy in Moot Court competitions
• B.A., University of Notre Dame (1998)
  • Graduated with honors with degrees in American History and Government
  • Student Manager for the University of Notre Dame Athletics Department

Associations

• South Dakota Trial Lawyers Association
• South Dakota Defense Lawyers Association
• Defense Research Institute (DRI) (Construction Law, Architects and Engineers Subcommittee, Professional Liability Committee, and Commercial Law Committee)
• State Bar of South Dakota (Civil Pattern Jury Instruction Committee and Tort, Insurance and Trial Law Section)
• American Bar Association
• Second Circuit Bar Association

Admitted to Practice

• South Dakota