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.

Thursday, 02 May 2019
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Establishing False Pretenses: The Eighth Circuit Rules on Whether an Employer Engaged in Discriminatory Hiring Practices

Getting to a jury in an employment discrimination case is often a three-step process. In this process, the burden of proof shifts between the plaintiff-employee and the defendant-employer. In Nelson v. USAble Mutual Insurance Co., the United States Court of…
Tuesday, 30 April 2019
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U.S. Department of Labor States Employees May Not Decline or Defer FMLA Leave of a Covered Absence

On March 14, 2019, the United States Department of Labor (“DOL”) issued an opinion letter (FMLA2019-1-A) after being asked “whether an employer may delay designating paid leave as Family and Medical Leave Act (FMLA) leave or permit employees to expand…
Friday, 26 April 2019
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Attorney Spotlight: Wade E. Warntjes

For those of you that aren’t familiar with my story, I am the Advocacy Chair for the Pancreatic Cancer Action Network in South Dakota. This is a cause that is near and dear to my heart as my wife’s sister…
Thursday, 18 April 2019
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Stop Right There: The Eighth Circuit Decides Whether a Preliminary Injunction Should Prevent a Business from Hiring a Competitor’s Employees

When a plaintiff starts a lawsuit, he or she may wish to stop the defendant from performing some action during the lawsuit. In some instances, a court can grant the plaintiff’s wish in the form of a preliminary injunction. In…
Tuesday, 09 April 2019
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Estate planning lessons learned from country singer Corb Lund

A fellow attorney at our law firm recently went to a Corb Lund concert in Rapid City, South Dakota. She invited me to listen to Corb’s song, S Lazy H, which is a ballad about a man’s experience growing up…
Tuesday, 02 April 2019
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Fool Me Three Times: the Eighth Circuit Rules that an Employer Did Not Hold a Grudge Against a Thrice-Hired Plaintiff

In order to reach a jury in an employment discrimination lawsuit, a plaintiff-employee bears the burden of producing direct evidence of a discriminatory basis for his termination or that the defendant-employer’s legitimate reason for terminating the plaintiff is not credible.…
Tuesday, 02 April 2019
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“My accountant says I need to set up a ….”

It’s that time of year: meeting with your CPA to do your taxes. She probably had some suggestions for you about how to better track your expenses, and if you are a business owner, may have suggested that you set…
Tuesday, 19 March 2019
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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
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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
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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…
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