Practice Areas

• Administrative Law
• Antitrust & Trade Regulation
• Banking Law and Litigation
• Commercial Litigation
• Employment Law and Litigation
• Family Law
• Health Care Law and Litigation
• Insurance Litigation
• Professional Liability
• Public Utilities and Energy Law

Experience

Tom is a partner in our litigation section with extensive trial and appellate experiences. He joined the firm in 1979 after working in the South Dakota Attorney General’s Office as the chief deputy in charge of litigation and was a former “white collar crime” prosecutor. Some of Tom’s representative cases include:

• Raven Industries, Inc. v. Clark Lee and Integra Plastics, Inc., Civ. No. 08-144 (Second Judicial Circuit, Minnehaha County, South Dakota) (judgment granting permanent injunction August 10, 2009). Represented plaintiff in obtaining permanent injunction against departing employee and new employer.
• First American Bank & Trust, N.A. v. Farmers State Bank of Canton, et al., 2008 SD 83. banking law litigation.
• In re Otter Tail Power Co. ex rel. Big Stone II, 744 N. W.2d 594 (SD 2008). Lead South Dakota counsel for Big Stone II, a power plant project which exceeds $1.5 billion in construction costs, in obtaining various permits.
• Herman Schumacher, Michael P. Callicrate, and Roger D. Koch vs. Tyson Fresh Meats, Inc., Cargill Meat Solutions Corporation d/b/a Excel Corporation, Swift Beef Company and National Beef Packing Company, L.L.C., 515 F.3d 867 (8th Cir. 2008). The case involved motions to dismiss, summary judgment, class certification, a jury trial and appeal. Co-lead counsel for one of the defendants in a national class action case involving violations of the Packers and Stockyards Act.
• Dosch v. Avera Health, 731 N.W.2d 184 (SD 2007). Lead counsel for a hospital system in a state class action involving health care pricing issues.
• Sanford v. Sanford, 694 N.W.2d 283 (SD 2005). Represented wife challenging prenuptial agreement involving the largest marital estate in the history of South Dakota.
• Mueller et al. v. Cedar Shore Resort, Inc., et al., 643 N.W.2d 56 (SD 2002). Represented eight officers and directors personally in a complex shareholder litigation matter.
• Chem Age Industries, Inc. v. Glover, 652 N.W.2d 756 (SD 2002). Lawyer malpractice defense.
• Corner Pocket et al v. Video Lottery Technologies, Inc. et al., 123 F.3d 1007 (8th Cir. 1997), cert denied, 118 S. Ct. 1054 (1998). Appointed lead defense counsel by Chief Judge Richard Battey in a multimillion dollar and multiple party class action video lottery antitrust case.
• Involved in over fifty (50) appeals to the South Dakota Supreme Court and Eighth and Ninth Circuit Courts of Appeal, and has argued over forty (40) of these cases personally.

Education

• J.D., University of South Dakota School of Law (1975)
• M.B.A., University of South Dakota School of Business (1975)
• B.S., University of South Dakota School of Business (1972), with honors

Credentials and Recognition

• Board certified since 1995 in civil trial law by the National Board of Legal Specialty Certification
  www.nblsc.us
• Outstanding Panel Counsel Award by ALPS (legal malpractice insurer) (2004)
• DRI Fred Sievert Award (national recognition for outstanding state defense bar leader) (2001)
• Listed in Best Lawyers in America since 1995. To be listed for 2010 for the six specialties of administrative law, antitrust law, health care law, commercial litigation, energy law and bet-the-company litigation
• In 2007 and 2009, listed as one of 25 lawyers who received the highest point totals for Great Plains Super Lawyers for the states of South Dakota, North Dakota and Nebraska
• Recognized in Chambers USA 2009 as one of the leading lawyers in general commercial litigation (Band 1)

Associations and Organizations

• State Bar of South Dakota President, 2004-2005; former chair of disciplinary board, judicial qualifications and lawyer competency committees; founder of South Dakota Trial Academy; currently co-chair of the Access to Justice Committee and Chairperson of the Equal Access to Our Courts Commission
• American Board of Trial Advocates
• Federation of Defense and Corporate Counsel
• International Association of Defense Counsel
• Defense Research Institute (Commercial Law Section)
• South Dakota Defense Lawyers Association (Board of Directors, 1998-2002; President, 2000-2002)
• American Bar Association (State Fellow, antitrust and tort trial and insurance sections)