Shawn Nichols

Shawn Nichols

Phone:  605-336-0828

Fax:  605-336-6036

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Assistant:  Mary Dunlap

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Shawn began his legal career in 2002 as a law clerk for the Second Judicial Circuit of South Dakota. By choice Shawn has developed a diverse practice. Most recently Shawn's practice has focused on commercial and bank litigation, insurance, insurance defense, commercial transactions, business entities and construction law. Shawn has substantial courtroom and motion-practice experience. Highlights include over 15 jury trials, 30 court trials, and more than a dozen appeals to the South Dakota Supreme Court and the Eighth Circuit.

Shawn is admitted to practice in all South Dakota State and Federal Courts (including Bankruptcy Court), Nebraska Federal Court, and the Eighth Circuit Court of Appeals. Shawn has also been admitted pro hac vice in Minnesota and Iowa.

In 2010 Chambers USA (a leading identifier of the Nations' very best lawyers) recognized Shawn as one of two up-and-coming South Dakota lawyers. Shawn received similar recognition n 2011 from the Sioux Falls Business Journal.

Shawn is a lifelong resident of Sioux Falls. He and his wife Gina have three children—Jocelyn, Noah and Finley. Outside of family and his legal career Shawn's hobbies include fishing, diving, soccer and all things Nebraska Cornhuskers. Shawn is also an avid musician and has been playing the guitar for 20 years.

Admitted

2003, South Dakota and U.S. District Court, District of South Dakota

Law School:

University of South Dakota, J.D., 2002

College

University of Nebraska at Lincoln, B.J., with distinction, 1999

Member

American Bar Association (Member, Young Lawyers, Second Circuit Rep.).

Legal Biography

Cadwell Sanford Deibert & Garry, Partner (2007-present); ABA Member; South Dakota Young Lawyer Representative (2005); Second Circuit Bar; Law Clerk, Second Judicial Circuit of South Dakota, 2002-2003; Editor, Moot Court, 2001; Editor in Chief, South Dakota Law Review, 2001-2002; Author: "Jorgenson v. Vener: The South Dakota Supreme Court Declares Loss-Of-Chance Doctrine As Part of Our Common Law in Medical Malpractice Torts," 46 S.D. L.Rev. 618 (2001).

Born

Sioux Falls, South Dakota, November 4, 1976

Reported Cases:

  • Ortman v. DeJager, 787 N.W.2d 299 (SD 2010)
  • Stockwell v. Stockwell, 790 N.W.2d 52, (SD 2010)
  • LOL Finance Co. v. Paul Johnson & Sons Cattle Co., Inc., --- F.Supp.2d ----, 2010 WL 5422621, D.Neb., December 23, 2010
  • Jacquot v. Rozum, 790 N.W.2d 498 (SD 2010)
  • Murray v. Mansheim, 779 N.W.2d 379 (SD 2010)
  • Cable v. Union County Bd. of County Com'rs, 769 N.W.2d 817 (SD 2009)
  • LOL Finance Co. v. Johnson, Slip Copy, 2010 WL 3419609, D.Neb., August 26, 2010 (NO. 4:09CV3224)
  • Gul v. Center for Family Medicine, 762 N.W.2d 629 (SD 2009)
  • Andrushchenko v. Silchuk, 744 N.W.2d 850 (SD 2008)
  • Pinnacle Pizza Co., Inc. v. Little Caesar Enterprises, Inc., 560 F.Supp.2d 786, D.S.D., June 05, 2008 (NO. CIV 04-4170 KES)
  • Nelson v. Promising Future, Inc., 759 N.W.2d 551 (SD 2008)
  • In re Estate of Gustafson, 731 N.W.2d 922 (SD 2007)
  • U.S. ex rel. Greendyke v. CNOS, P.C., 2007 WL 2908414, D.S.D., September 27, 2007 (NO. CIV 04-4105)
  • Kent v. United of Omaha Life Ins. Co., 430 F.Supp.2d 946, 2006 DSD 7, D.S.D., April 28, 2006 (NO. CIV. 02-4214)
  • Hot Stuff Foods, LLC v. Mean Gene's Enterprises, Inc., 2006 WL 1788311, D.S.D., June 22, 2006 (NO. CIV. 06-4085)
  • Hertz Motel v. Ross Signs, 698 N.W.2d 532 (SD 2005)
  • Schulte v. Progressive Northern Ins. Co., 699 N.W.2d 437 (SD 2005)
  • Stanga v. Husman, 694 N.W.2d 716 (SD 2005)
  • Estate of Anderson v. Pelican Lake Consulting, 2005 WL 1277862, D.S.D., May 25, 2005 (NO. CIV 03-4257)