JOHN M. FITZGERALD

 PARTNER

2005 Graduate of Black Hills State University. 2010 Graduate with Honors from University of South Dakota School of Law.

I practice in several areas of the law but I particularly enjoy Real Estate, Contract and Trust Litigation. I get a tremendous amount of satisfaction from beating a big company or big money. 

The legal system does not guarantee justice but it gives us an opportunity to achieve justice. I have spent my entire career in private practice. I have always represented people and I always will.

John is also an outdoor enthusist. He loves snowboarding, skydiving, flying airplanes and hiking.  See more about John below . . .

 

RECORD*

2011-2012 (Judgment/Settlement: $200,000): I successfully sued and received a judgment against a stack testing company in North Dakota partially owned by a Blackhawk company for breach of an installment contract.

 

2012-2016 (Judgment/Settlement: Confidential): This case involved real estate held in trust in Lawrence County valued at 3.6 million. I successfully tried the case before a judge.

 

2013-2015 (Judgment/Settlement: Confidential): I successfully sued and received a settlement in this against the City of Spearfish involving a city block of 18 residents whose sewers backed up 3 times over 10 years. 

 

2014-2020 (Judgment/Settlement: Confidential): I successfully litigated a Family Trust in Tripp County regarding 1.1 million in trust. This case was appealed three (3) times to the South Dakota Supreme Court and we won all three appeals. 

 

2014-2019 (Judgement/Settlement: $850,000) I successfully litigated and collected on a breach of oral contract valued at 1.4 million. Defendants appealed and the Supreme Court of North Dakota unanimously affirmed the judgment at its Law School term.

John has also had several notable criminal trial victories including a Class 1 Felony acquittal in 2015. 

 

*Disclaimer: Past success cannot be an assurance of future success because each case must be decided on its own merit
 

JOHN'S AREAS OF PRACTICE:
COMMERCIAL AND CIVIL LITIGATION

REAL ESTATE LAW

CONTRACT LAW 
PERSONAL INJURY

CRIMINAL LAW

KELLY M. PETERSON

ATTORNEY

Kelly graduated Summa Cum Laude with High Honors from Wayne State College in 2005. Kelly was named valedictorian of her class and was honored to give the commencement speech at her graduation. Kelly's educational excellence continued in law school.  Kelly graduated with High Honors from the University of South Dakota School of Law in 2010, ranked eleventh in her class. While in law school, Kelly was on the Dean's List in 2008 and 2009 and she received the James E. Doyle Scholarship. Kelly entered private practice in 2012 where she specialized in Family Law for six  years. Kelly founded United Families in 2014. United Families is a nonprofit visitation center in Rapid City, SD.  See more about Kelly below  ....  

When Kelly isn't working she enjoys riding horses and coaching soccer. 

Kelly currently serves as the Executive Director of United Families, which is the only visitation center in Western South Dakota. United Families provides essential services to Child Protective Services and victims of domestic violence. Today, Kelly balances her time as In-House Counsel of Century Companies, Executive Director of United Families and being a mother of three children. 

In 2016, Kelly was named "Pro Bono" Attorney of the year by the Pennington County Bar Association. 

KELLY'S AREAS OF PRACTICE:

Business and Corporate Law

Commercial and Civil Litigation

Real Estate Law

Construction Law

Family Law (Divorce, Child Custody, and Adoption)


 

PATRICK EALY

Legal Assistant/Researcher/Pilot

PAMELA SMALLWOOD

Legal Assistant

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