Mark J. Arndt

Mark Arndt 2.jpg

Reported DECISIONS

South Dakota Supreme Court

  • State Auto Ins. Companies v. B.N.C., 2005 S.D. 89, 702 N.W.2d 379. 
  • Burley v. Kytec Innovative Sports Equip., Inc., 2007 S.D. 82, 737 N.W.2d 397.
  • Progressive Halcyon Ins. Co. v. Philippi, 2008 S.D. 69, 754 N.W.2d 646.
  • Dakota Plains AG Ctr., LLC v. Smithey, 2009 S.D. 78, 772 N.W.2d 170.
  • Law v. City of Sioux Falls, 2011 S.D. 63, 804 N.W.2d 428. 
  • Kern v. Progressive N. Ins. Co., 2016 S.D. 52, 883 N.W.2d 511.

Federal Court

  • Goddard, Inc. v. Henry's Foods, Inc., 161 F. Supp. 2d 1006 (D.S.D. 2001).
  • Culhane Commc'ns v. Fuller, 489 F. Supp. 2d 959 (D.S.D. 2007).
  • Thach v. Tiger Corp., 2009 WL 2185399 (D.S.D. 2009).
  • Thach v. Tiger Corp, 609 F.3d 955 (8th Cir. 2010).
  • Taco John's of Huron, Inc. v. Bix Produce Co., LLC, 569 F.3d 401 (8th Cir. 2009).
  • Bjornestad v. Progressive N. Ins. Co., 2010 WL 4687640 (D.S.D. Nov. 10, 2010).
  • Bjornestad v. Progressive N. Ins. Co 664 F.3d 1195 (8th Cir. 2011).
  • Ebaugh v. PetSmart, Inc., 2012 WL 2576217, (D.S.D. July 3, 2012).
  • Mehlbrech v. Acuity, 2012 WL 4718659 (D.S.D. Oct. 3, 2012).
  • Fox Drywall & Plastering, Inc. v. Sioux Falls Const. Co., 2012 WL 1457183 (D.S.D. 2012).
  • LeBeau v. Progressive N. Ins. Co., 2015 WL 5697364 (D.S.D. 2015).

ABOUT MARK

Mark is a former prosecutor, and now an experienced trial lawyer who has tried dozens of cases to verdict during his 20 year career. Mark’s jury trial record sets him apart. Mark takes pride in providing efficient litigation services for clients through litigation and mediation.  Mark's specialties include defense of first-party insurance/bad faith claims, construction litigation, personal injury litigation, and acting as general counsel for medical specialty groups.  

Mark’s pro-bono/community service practice includes representation of Catholic Family Services and their prospective adoptive parents.

Contact Information

Education

  • J.D., University of Nebraska, 1995
  • Undergraduate, B.A., University of Nebraska, 1991

Admissions

  • South Dakota, Circuit and Supreme Court, 8th Circuit Court of Appeals

Professional Associations and Memberships

  • South Dakota Defense Lawyers Association (President, 2012)
  • ABOTA (American Board of Trial Advocates- by invitation)
  • Defense Research Institute
  • State Bar of South Dakota
  • 2nd Circuit Bar Association

Accolades

In 2012 Mark was elected as the President of the South Dakota Defense Lawyers Association.  Based upon his trial experience, in 2014, Mark was invited to become a member of the American Board of Trial Advocates.    

Civic Achievements

  • South Dakota Defense Lawyers Association (President, 2012)
  • American Board of Trial Advocates (2014).
  • Sioux Falls Youth Hockey Association, Board Member and President (2013-14)
  • O'Gorman High School, Board Member
  • Girl Scouts of America, Sioux Falls, Board Member
  • Minnehaha Country Club, Board of Directors

Personal Information

Mark grew up in Grand Island, Nebraska, and attended college (undergrad and law school) at the University of Nebraska-Lincoln. Mark and his wife (Amy), and their two children have lived in Sioux Falls since 1996. Mark joined May & Johnson in 2000. Mark’s hobbies include fly fishing and golf.

Areas of Practice

Agriculture

  • Catastrophic Livestock Losses

Construction

  • Construction Defects
  • Contractor Subcontractor Agreements

Family

  • Adoption

Insurance Defense

  • Liability Defense
  • Coverage Opinions 
  • Bad Faith Defense
  • Construction Defect Defense

LABOR & EMPLOYMENT

  • Physician / Professional Contracts

Litigation

  • Personal Injury / Wrongful Death
  • Commercial
  • Insurance Defense
  • Construction