Serving South Dakota Since 1946

Through its Web site, Lynn Jackson offers a number of blogs tailored to the firm’s practice areas. These blogs are intended to provide useful information to our clients (and visitors) and are updated on a frequent basis. In some blogs, clients will be made aware of new developments in the law. Other blogs will provide practical advice on how to avoid certain pitfalls. The purpose of each blog is to provide content that offers real value to our clients and visitors. Please access any blog that may interest you within the Practice Group pages.

Tuesday, 19 March 2019
Written by
Published in Firm Blog

Burden to Disprove a Negative or Prove a Positive – What is the Difference?

The South Dakota Supreme Court recently considered whether a probate court proceeding on a petition for finding of intestacy erred because it did not first consider whether to admit a copy of the will to probate. The appellant argued that…
Wednesday, 13 March 2019
Written by
Published in Firm Blog

Lynn Jackson Alert: U.S. Department of Labor Proposes Raise to Exempt Employee Minimum Salary

On March 7, 2019, the U.S. Department of Labor (DOL) announced a Notice of Proposed Rulemaking to raise the minimum salary threshold for exempt employees to $35,308 annually ($679 per week), which is up from the 2004 standard currently in…
Tuesday, 05 March 2019
Written by
Published in Firm Blog

Staging the Courtroom: The Eighth Circuit Rules on Who May Sue Whom

When deciding whether to file a lawsuit, it is imperative that it is filed against the appropriate party. Simply because a wrong is arguably attributable to a specific person or entity does not mean that is the appropriate person or…
Tuesday, 26 February 2019
Written by
Published in Firm Blog

Eighth Circuit Visits – but Declines to Expand – Bivens Claims to Tribal Officers

Under federal law and common law doctrines, it is well established that sovereign immunity exists for each of the 573 federally recognized Native American tribes, absent consent or an act of Congress. Although the Indian Civil Rights Act was adopted…
Tuesday, 26 February 2019
Written by
Published in Firm Blog

Trademarks for your Business: Which is best, State or Federal?

More and more businesses of all sizes are recognizing their names and logos as an asset to their operation. As an asset, protection by trademark is advisable. Trademarks serve multiple purposes, in that they distinguish goods or services of one…
Tuesday, 26 February 2019
Written by
Published in Firm Blog

The Keys to the Courtroom: The South Dakota Supreme Court Explains the Necessity of Expert Witnesses

When it comes to litigation, everything must be properly supported. What document supports what fact? Who can testify to what occurrence? The South Dakota Supreme Court recently made one thing clearer in Cooper v. Brownell: you are not an expert…
Friday, 15 February 2019
Written by
Published in Firm Blog

Gun Safety in Schools

A new report from the nation’s largest education unions and the nation’s largest gun safety organization indicates that arming school district staff "increases risk and is overall an ineffective solution to gun violence." The report comes out amid a previous…
Friday, 08 February 2019
Published in Firm Blog

If at First You Don’t Even Try: Eighth Circuit Revisits if Failure to Reinstate Can Revive Employment Discrimination Claim

In the realm of employment discrimination, there are strict time bars to bringing claims of discrimination to the Equal Employment Opportunity Commission (“EEOC”) or its state equivalent. When those deadlines are missed, employees will sometimes attempt to seek reinstatement in…
Friday, 25 January 2019
Written by
Published in Firm Blog

McKee v. Reuter: The First Amendment Does Not Permit Employment Termination Based on Political Affiliation

Jeanette McKee was a chief deputy clerk for the Circuit Court of Jefferson County, Missouri. In 2014, she ran as a candidate to replace the outgoing clerk of court. Her opponent in the race, Michael Reuter, was ultimately elected. During…
Thursday, 24 January 2019
Written by
Published in Firm Blog

#MeToo Still Going Strong: EEOC Releases FY 2018 Sexual Harassment Data

By now, everyone is aware of the #MeToo movement, which began in October 2017 as a backlash against sexual harassment and sexual assault in Hollywood and the entertainment industry. The Equal Employment Opportunity Commission (EEOC), created as part of the…
Page 1 of 2

What's New atLynn Jackson

View All