KW Economics prepares economic damages analyses for wrongful termination cases venued in South Dakota: the components the loss claim consists of, the records that drive them, and a present value built to South Dakota's damages rules and venues. Plaintiff and defense.
A wrongful termination economic claim measures what the employee lost when the employment ended, as back pay, front pay, and lost benefits, and how much of that loss has been or should be replaced by other work. Read the full wrongful termination analysis guide.
South Dakota courts screen expert testimony for reliability: the trial judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report is written to that standard, with each data series named and each assumption tied to the record.
Highest court: South Dakota Supreme Court. Federal venues: D.S.D. Court system: ujs.sd.gov.
South Dakota's unusual comparative negligence rule allows recovery in a negligence-based claim only when the plaintiff's negligence was slight in comparison with the defendant's. Prejudgment interest is allowed on past damages but not on future damages, punitive damages, or intangible losses, so the report separates past from future amounts as of a fixed date. Economic damages are not subject to a general statutory limit outside specific statutory claims.
The same four steps apply to a wrongful termination case venued in South Dakota; the damages framework above decides which components enter the total.
Wrongful Termination cases venued in South Dakota are heard in the Circuit Court (General jurisdiction; 7 circuits across 66 counties; all civil, criminal, and domestic matters). Final appeals run to the South Dakota Supreme Court. Matters within federal jurisdiction proceed in the United States District Court for the District of South Dakota.
South Dakota's unusual comparative negligence rule allows recovery in a negligence-based claim only when the plaintiff's negligence was slight in comparison with the defendant's. Prejudgment interest is allowed on past damages but not on future damages, punitive damages, or intangible losses, so the report separates past from future amounts as of a fixed date. Economic damages are not subject to a general statutory limit outside specific statutory claims. South Dakota courts screen expert testimony for reliability: the trial judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report is written to that standard, with each data series named and each assumption tied to the record.
Request a consultation on wrongful termination cases in South Dakota or call (201) 343-0700. Plaintiff and defense counsel.