Appellate And Trial Lawyer Michael Henderson

Michael Henderson leads Swier Law Firm’s Appellate Law Practice Group. Mike’s practice is focused on legal research and writing, with an emphasis on appellate and trial court motion practice. Mike has extensive experience in appellate law, having been involved in numerous appeals before the South Dakota Supreme Court and the United States Court of Appeals for the Eighth Circuit. He has drafted briefs and handled appeals involving a wide range of complex legal issues, including medical malpractice, public entity defense, insurance defense, employment law, ERISA, criminal law, securities litigation, defamation, business disputes, personal injury, contractual disputes, commercial law, franchise disputes, worker’s compensation, arbitration, civil rights litigation, and family law.

Mike is a South Dakota native. He grew up on what is now a fifth generation family ranch in northwestern South Dakota. He earned his Bachelor of Arts in English with an emphasis on creative writing from the University of South Dakota in 1994 and graduated with honors from the University of South Dakota School of Law in 1997. During law school, Mike served as Lead Articles Editor for the South Dakota Law Review. He also published an article in the South Dakota Law Review entitled Today’s Symbolic Speech Dilemma: Flag Desecration and the Proposed Constitutional Amendment.

Following law school, Mike served as a judicial clerk for the Honorable Roger L. Wollman of the United States Court of Appeals for the Eighth Circuit. Upon the completion of his clerkship, he joined Cadwell Sanford Deibert & Garry LLP in Sioux Falls. Mike joined Swier Law Firm in 2015.

Mike is admitted to practice before the South Dakota Supreme Court, the United States District Court for the District of South Dakota, and the United States Court of Appeals for the Eighth Circuit. He is a member of the American Bar Association and the South Dakota Bar Association.

Mike and his wife, Christa, are the parents of two boys. He is extremely involved in youth activities and has coached youth football, baseball, and basketball. Mike also serves as a small group confirmation leader at Spirit of Joy Lutheran Church in Sioux Falls.

Mike’s interests include spending time with family and friends, reading, cooking, and bass fishing. He also enjoys spending time with his Siberian Husky, Champ. Mike is an avid sports fan and closely follows his favorite teams: the Minnesota Vikings, Cincinnati Reds, and Oklahoma Sooners.

Published Opinions

• O’Neill v. O’Neill, 876 N.W.2d 486 (S.D. 2016).
• American Family Mut. Ins. Group v. Kostaneski, 688 N.W.2d 410 (S.D. 2004).
• First Dakota Nat. Bank v. Performance Eng. & Mfg., Inc., 676 N.W.2d 395 (S.D. 2004).
• Hanig v. City of Winner, 692 N.W.2d 202 (S.D. 2005).
• Read v. McKennan Hospital, 610 N.W.2d 782 (S.D. 2000).
• Fin-Ag, Inc. v. Watertown Livestock Auction, Inc., 754 N.W.2d 23 (S.D. 2008).
• McDowell v. Citicorp U.S.A., 734 N.W.2d 14 (S.D. 2007).
• Tiede v. CorTrust Bank, N.A., 748 N.W.2d 748 (S.D. 2008).
• Fryer v. Kranz, 616 N.W.2d 102 (S.D. 2000).
• Ehresmann v. Muth, 757 N.W.2d 402 (S.D. 2008).
• McDowell v. Citicorp, Inc., 752 N.W.2d 209 (S.D. 2008).
• Stanga v. Husman, 694 N.W.2d 716 (S.D. 2005).
• Dakota, Minnesota & Eastern R.R. v. Schieffer, 742 F.Supp.2d 1055 (D.S.D. 2010).
• Hanig v. City of Winner, 527 F.3d 674 (8^th Cir. 2008).
• Dakota, Minnesota & Eastern R.R. Corp. v. Schieffer, 648 F.3d 935 (8^th Cir. 2011).
• In re Northwestern Corp. Securities Litigation, 329 F.Supp.2d 1105 (D.S.D. 2004).
• State v. Gutnik, 790 N.W.2d 495 (S.D. 2010).
• Lykken v Brady, 622 F.3d 925 (8^th Cir. 2010).
• Van Duysen v. Van Duysen, 871 N.W.2d 613 (S.D. 2015).
• Nine, Inc. v. City of Brookings, 797 N.W.2d 73 (S.D. 2011).
• Ronan v. Sanford Health, 809 N.W.2d 834 (S.D. 2012).
• VanGorp v. Sieff, 624 N.W.2d 712 (S.D. 2001).
• Novotny v. Tripp County, 664 F.3d 1173 (D.S.D. 2011).
• Hollander v. Douglas County, 620 N.W.2d 181 (S.D. 2000).
• Richland State Bank v. Household Credit Serv., 340 F.Supp.2d 1051 (D.S.D. 2004).
• E.E.O.C. v. Merchants State Bank, 554 F.Supp.2d 959 (D.S.D. 2008).
• Fuller v. Croston, 725 N.W.2d 600 (S.D. 2006).
• Dakota, Minnesota & Eastern R.R. v. Schieffer, 857 F.Supp.2d 886 (D.S.D. 2012).
• Pinnacle Pizza Co., Inc. v. Little Caesar Ent., Inc., 598 F.3d 970 (8^th Cir. 2010).
• Daily v. City of Sioux Falls, 802 N.W.2d 905 (S.D. 2011).
• Armstrong v. Turner County Board of Adjustment, 772 N.W.2d 643 (S.D. 2009).
• Pinnacle Pizza Co., Inc. v. Little Caesar Ent., Inc., 560 F.Supp.2d 786 (D.S.D. 2008).
• Neve v. Davis, 775 N.W.2d 80 (S.D. 2009).
• Setliff v. Akins, 616 N.W.2d 878 (S.D. 2000).