DAVID A. GERDES was born in Aberdeen, South Dakota, on August 10, 1942, and was raised in Lemmon, South Dakota. He graduated from Northern State College, Aberdeen, South Dakota, in 1965 and from the School of Law, University of South Dakota, Cum Laude, in 1968. He is a member of the Phi Delta Phi legal fraternity and served as managing editor of the South Dakota Law Review from 1967 to 1968. In addition to the state courts of South Dakota, he is admitted to practice before the U.S. District Court for the District of South Dakota, the U.S. Circuit Court of Appeals for the Eighth Circuit, and the United States Supreme Court. He is a private pilot with an instrument rating.

Mr. Gerdes was a member of the Board of Directors of the University of South Dakota Law School Foundation from 1973 to 1986 and served as president from 1979 to 1984. He is a member of the State Bar of South Dakota, having served as President in 1992. He is currently co-chairman of the Professional Liason Committee. His prior State Bar committee service has included: Professionalism Committee (Chairman 1989-90); Court Modernization Committee, 1986-88; Disciplinary Board, 1976-1981 (Chairman 1980-81); Judicial Selection, Tenure and Election Committee, 1974-75. He served on the Federal Practice Committee for the District of South Dakota from 1986 to 1991 and is serving another term which began in 1994. He served from 1989 to 1993 on the Federal Advisory Committee of the Eighth Circuit Court of Appeals. He is a member of the American Bar Association and the American Judicature Society. Litigation-related memberships include the American Board of Trial Advocates, the Defense Research Institute, and the Lawyer-Pilots Bar Association, and prior service as State Chairman for both the International Association of Defense Counsel and the Association of Defense Trial Attorneys. Mr. Gerdes is a charter member of the American Society of Medical Association Counsel. He was president of the Pierre Area Chamber of Commerce from 1980 to 1981, serving on its board of directors from 1977 to 1982. He is a board member of the South Dakota Chamber of Commerce and Industry, serving since 1998.

PROFESSIONAL EMPHASIS AND EXPERIENCE

Mr. Gerdes is general counsel to the South Dakota Electric Utility Companies and the South Dakota State Medical Association and represents them before the Legislature. Mr. Gerdes concentrates on litigation, regulatory work, and health care law. His litigation experience covers a wide range of product liability cases, including fire and explosion cases, irrigation equipment, farm machinery, DES and other drugs, exploding bottles, conveyors, tire and rim cases, and automobiles. He has defended professional malpractice actions, including lawyers, physical therapists, nurses and physicians. Other areas of litigation experience include securities, aviation accidents, workers' compensation, civil rights actions, motor vehicle accidents, civil trespass, and nuisance. His practice also involves regulatory work for electric and gas utilities, telecommunications companies, and insurers. He is general counsel for the South Dakota Association of Realtors.

MAJOR CASES

Defended manufacturer and installer A & P Steel, Inc., in a six-week trial involving allegations of fraud, conspiracy, breach of contract and breach of warranties arising from a contract for development of a multi-million dollar 32-pivot irrigation system on land owned by the Rosebud Sioux Tribe. The jury verdict in favor of A & P Steel and awarding damages on counterclaim for retainage due under the contract was reversed on appeal by the Eighth Circuit Court of Appeals. Retrial in U.S. District Court again resulted in an award of retainage and interest which was upheld on appeal. Rosebud Sioux Tribe vs. A & P Steel, Inc., 733 F2d 509 (8th Cir 1984); 874 F2d 550 (8th Cir 1989).

Represented the South Dakota State Medical Association in St. John's Medical Staff vs. St. John's Medical Center, 90 SD 674, 245 NW2d 472 (SD 1976), which case established the landmark precedent that medical staff by-laws represent a contract binding upon the governing board of a hospital.

Represented Allstate Insurance Company overturning as unconstitutional protectionist auto glass legislation: "This statute constitutes mandated price-fixing, and that is not a proper means of helping local glass dealers ... It is clearly an unconstitutional restriction." Allstate Insurance Co. vs. South Dakota, 871 F Supp. 355 (DSD 1994).

Established matter of law defense in helicopter power line strike case based upon absence of intersecting line's duty to warn pilot and observer conducting line patrol. Poelstra vs. Basin Electric Power Coop., 1996 SD 36, 545 NW2d 823.

Successfully defended Montana-Dakota Utilities Co. in two-week personal injury gas explosion case against allegations of defendant and third-party plaintiff gas line fitting manufacturer that all or part of plaintiff's injuries resulted from the utility's failure to comply with the Federal Pipeline Safety Act rather than from a defective fitting. Smith vs. Chevron Chemical Co. vs. Montana-Dakota Utilities Co., Civ. 96-4260, U.S. District Court, District of South Dakota, Southern Division; affirmed, Smith vs. Chevron Chemcial, Inc., 242 F3d 376 (8th Cir, 2000).

Co-lead counsel, representing electric utility plaintiffs, in South Dakota Farm Bureau, Inc. vs. Hazeltine, F3d, 2003 WL 21961138, 8th Cir. (SD), Aug. 19, 2003, which invalidated on federal constitutional dormant commerce clause grounds SD Const. Art. XVII, §§ 21-24, known as Amendment E, designed to prohibit "corporate farming." The appellatte court found "... that Amendment E was motivated by a discriminatory purpose ..." and directed at out-of-state businesses.

David A. Gerdes

AREAS OF PRACTICE

Administrative &
Regulatory Law

Utilities

Telecommunications

Insurance

Government Relations &
Lobbying

Healthcare Law

Litigation