Bangs, McCullen, Butler, Foye & Simmons, L.L.P.

A full-service firm with 130 years of experience and specialized knowledge in tax law, estate planning, trusts, health care, construction, and business litigation.

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Firm Overview

A full-service firm with 130 years of experience
and specialized knowledge in tax law, estate planning, trusts, health care, construction, and business litigation.
Main Office

Main Office
333 West Boulevard
Suite 400
Rapid City  SD  57701

Phone
  • 605-343-1040
Fax
Personal Injury
While we are normally involved in defending personal injury claims arising from auto accidents, slip and falls, and a variety of other tort litigation, we have frequently represented injured plaintiffs in need of legal assistance.
While we are normally involved in defending personal injury claims arising from auto accidents, slip and falls, and a variety of other tort litigation, we have frequently represented injured plaintiffs in need of legal assistance. These cases range from soft-tissue claims to substantial catastrophic injury and death claims.
Product Liability
While we are normally involved in defending personal injury claims arising from auto accidents, slip and falls, and a variety of other tort litigation, we have frequently represented injured plaintiffs in need of legal assistance.
While we are normally involved in defending personal injury claims arising from auto accidents, slip and falls, and a variety of other tort litigation, we have frequently represented injured plaintiffs in need of legal assistance.
Auto Accident
While we are normally involved in defending personal injury claims arising from auto accidents, slip and falls, and a variety of other tort litigation, we have frequently represented injured plaintiffs in need of legal assistance.
While we are normally involved in defending personal injury claims arising from auto accidents, slip and falls, and a variety of other tort litigation, we have frequently represented injured plaintiffs in need of legal assistance.
Trucking Accident
While we are normally involved in defending personal injury claims arising from auto accidents, slip and falls, and a variety of other tort litigation, we have frequently represented injured plaintiffs in need of legal assistance.
While we are normally involved in defending personal injury claims arising from auto accidents, slip and falls, and a variety of other tort litigation, we have frequently represented injured plaintiffs in need of legal assistance.
Wrongful Death
Bangs McCullen has a long history of providing comprehensive counsel and representation to the healthcare industry, including physicians, nurses, clinics, hospitals, long-term care facilities, and other allied providers.
We have extensive experience in representing health professionals ranging from tertiary hospitals to physician groups to solo practitioners.

Sarah E. Baron Houy

Associate
Sarah Baron Houy is an Associate in our Rapid City office. Sarah received her undergraduate degree in Business Administration, Marketing Emphasis, from the University of South Dakota. She received her Juris Doctorate from the University of Missouri-Columbia in 2006, graduating in the top 25% of her class. While at Mizzou, Sarah received several awards in recognition of her outstanding academic performance. Upon graduation, she spent one year clerking for the Fifth Judicial Circuit in Aberdeen, South Dakota. Sarah is licensed to practice law in South Dakota and Missouri and is admitted in the District Court for the District of South Dakota, the Eighth Circuit Court of Appeals, and the United States Supreme Court.



Sarah is an avid lover of animals (especially dogs) and a long-time Don Imus listener. In her free time, she enjoys dancing, reading, and engaging in political discourse with her husband.

Areas of Practice:
Civil Litigation
Civil Rights
Construction Law
Employment Law
Education
  • University of Missouri-Columbia
    Juris Doctorate

Victoria M. Duehr

Partner
Victoria M. Duehr graduated from South Dakota State University in 1991. She attended the University of South Dakota School of Law and graduated in 1995 with Sterling Honors. Following graduation, she clerked for Judges in the Second Judicial Circuit of South Dakota. She practiced in Brookings, South Dakota, until joining Bangs McCullen law firm in 2003. Her practice concentrates in the areas of family law and civil litigation.

Areas of Practice:
Civil Litigation
Family Law
Personal Injury

Daniel F. Duffy

Partner
Dan Duffy is a partner in the Litigation Department of our Rapid City office. He concentrates his practice in the areas of medical, hospital, and healthcare malpractice, as well as nursing home litigation, legal malpractice, and general litigation. Dan has extensive litigation and trial experience in all areas of professional liability, as he has represented hospitals, physicians, nurses, and other allied health professionals involved in litigation. He has also represented attorneys, accountants and other professionals, as well as major businesses and corporations involved in commercial and products litigation.



Dan is a member of the Defense Research Institute (DRI), including its healthcare subsection, as well as the Association of Defense Trial Attorneys (ADTA), the South Dakota Defense Attorneys Association, the South Dakota Trial Lawyers Association, and the State Bar of South Dakota. Dan is also a member of the American Board of Trial Advocates (ABOTA) and was inducted into the International Society of Barristers in 2006. In addition, he also holds an AV rating from Martindale-Hubbell, the highest rating given. Dan is listed in Best Lawyers in America, Great Plains Super Lawyers, and Chambers USA lists him as "an excellent trial lawyer."



A 1983 graduate of Dakota Wesleyan University, Dan was a two-time Academic All-American basketball player, as well as a three-time all-conference performer. He also spent one year playing professional basketball in Limerick, Ireland. Dan is a 1990 graduate of the University of South Dakota Law School, where he served as president of the moot court board. Following graduation, he served as a law clerk for the United States District Court for the District of South Dakota.



The small poster in Dan's office shows a dimly lit basketball court, and states: "You'll always miss 100% of the shots you don't take." Whether playing basketball in Ireland or coaching one of his eight kids, the lessons from basketball are still important to Dan today. Team work. Hard work. Discipline. Passion. Competition. These traits form the cross-over from basketball to litigation.



When he is not working or coaching one of his kids, Dan can be found reading history, hiking or simply shooting a few baskets in his driveway.

Areas of Practice:
Civil Litigation
Healthcare & Medical Malpractice Law
Insurance Law
Professional Liability Defense

Gregory J. Erlandson

Partner
Greg Erlandson graduated from the University of South Dakota School of Law in 1997. Prior to attending law school, Greg served in the United States Marine Corps and was then employed with a lobbying association during the State\'s legislative session. While attending the Law School, he served as the President of the Client Counseling and Negotiations Board and as a member of the Law School Disciplinary Committee. Upon graduation from law school, Greg served as the law clerk for the Chief Justice of the South Dakota Supreme Court. He is active in the South Dakota and American Bar Association and a member of several committees on a State and national level. He is currently or has served as a Bar Commissioner, on the State Bar of South Dakota Ethics Committee, DRI Lawyers' Professionalism & Ethics Committee Member, South Dakota Practice Rules Committee.



He is admitted to practice in South Dakota State and Federal Courts, the Sicangu Oyate (Rosebud Sioux Tribe) Courts, the Eighth Circuit Court of Appeals, and the United States Supreme Court. He has been named in The Best Lawyers in America, Top Great Plains Lawyers, Great Plains Super Lawyers, and is rated AV-PREEMINENT by Martindale-Hubble.

Areas of Practice:
Business Litigation
Civil Litigation
Construction Law
Criminal Defense
Personal Injury

Jessica L. Fjerstad

Associate
Jessica, an associate in our Rapid City office, is a 2011 graduate of the University of South Dakota School of Law.



Jessica was born and raised in Madison, SD, graduating from Madison High School with honors. She attended the University of South Dakota and graduated cum laude, obtaining a Bachelor of Arts in Political Science. During law school, Jessica was a member and Vice President of the USD Moot Court Board. In 2010, Jessica and two teammates took fifth place, and won a third-place brief award, in the National Entertainment Law Moot Court Competition. In 2011, Jessica was the tournament director for the Sam Masten Moot Court Tournament and she was selected for student publication in the South Dakota Law Review. After graduation from law school with High Honors, Jessica clerked for the South Dakota Supreme Court. She is a member of the South Dakota Bar Association and the American Bar Association.



In her free time, Jessica enjoys yoga, reading, swimming, road biking, running, hiking, and spending time outdoors with her Siberian huskies.

Areas of Practice:
Healthcare & Medical Malpractice Law

Michael M. Hickey

Managing Partner
Mike Hickey, a Rapid City native, is a graduate of Creighton University and the University of South Dakota School of Law. He was a Senior Editor of the South Dakota Law Review and authored an article on water law. Following law school, Mike served as a law clerk for the judges of the Sixth Judicial Circuit in Pierre, South Dakota. Mike is a Great Plains Super Lawyer and is listed in the Best Lawyers of America in the areas of Administrative Law, Labor and Employment Law and Workers Compensation. He is also listed in Chambers, U.S.A. and carries an A rating from Martindale-Hubbell. Since joining the firm in 1977, Mike concentrates his practice on trials, employment law, administrative law, water law, and mineral and natural resources law.

Areas of Practice:
Civil Litigation
Civil Rights
Employment Law
Insurance Law
Tax Law
Workers' Compensation and Administrative Law

Terry L. Hofer

Partner
Terry Hofer graduated from the University of South Dakota Law School in 1982 as a Sterling Honor Graduate. He served two years as a law clerk in the United States District Court with the Honorable Andrew W. Bogue. Terry's practice concentrates in the areas of construction, personal injury, products liability, civil litigation, and trial practice. Terry is a member of the American Bar Assocaition, American Board of Trial Advocates, American Assocation for Justice, the State Bar of South Dakota, the South Dakota Trial Lawyers Association, the South Dakota Defense Lawyers Association, and the Pennington County Bar Association.



"If a job is worth doing, it's worth doing right."



"Hard work always pays off."



Truer words have never been spoken, and Terry carries them with him every day. They are just a couple of the lessons his father taught him growing up in small-town South Dakota (Onida). Terry is one of those guys that proves hard work and dreams go together. He followed his dream to Texas (Pan American University) to play professional golf. Although that didn't pan out, he wasn't discouraged. More hard work to finish college, then stints as a junior high math teacher and steakhouse/lounge owner before enrolling in law school. Terry has had a lot of adventures, but right now no dream could keep him away from the family and baseball he loves. When not immersed with volunteer work centered on American Legion baseball, he has a laundry list of hobbies including motorcycling, hunting, fishing, boating, golf, reading and outdoor events. Despite all that, he counts his favorite moments as those spent with his wife, two sons, daughter-in-law and two grandchildren. In fact, when it comes to time with them,



"If you're five minutes early, you're late."

Areas of Practice:
Business Litigation
Civil Litigation
Construction Law
Personal Injury

Kathryn L. Hoyme

Associate
Kathryn, an associate in our Sioux Falls office, is a 2011 graduate of the University of Nebraska College of Law.



Kathryn was born in Flowood, Mississippi and raised in Omaha, NE, graduating from Westside High School with honors . She obtained a Bachelor of Arts in Government and a minor in history from Augustana College, where she graduated Magna Cum Laude. During law school, Kathryn participated in the Criminal Law Clinic as well as the Family Law Clinic. Upon graduating with Honors from the University of Nebraska College of Law, Kathryn was employed by Nebraska Legal Aid in North Platte, and also Child Support Services in Omaha. She is a member of the South Dakota State Bar Association and the Nebraska Bar Association.



Kathryn enjoys watching football especially her Nebraska Cornhuskers. In her free time, Kathryn enjoys spending time with her family and three dogs.

Areas of Practice:
Family Law

Jeffrey G. Hurd

Partner
For over 20 years, Jeff Hurd has been representing health care professionals and businesses in civil courts and administrative agencies. He is a partner in the Litigation Department in our Rapid City office. He concentrates his practice in the areas of business litigation, and health care law and litigation.

Jeff is a Great Plains Super Lawyer (a distinction earned by only 5% of the lawyers in South Dakota, North Dakota, Nebraska, and Iowa), and he is listed in The Best Lawyers in America, Chambers U.S.A., and has an AV rating from Martindale-Hubbell.

Jeff has extensive experience in complex cases involving business and employment disputes, disputes between shareholders and partners, breach of contract, and fraud. Jeff also has a broad spectrum of experience defending malpractice claims against physicians, nurses, nursing homes, and hospitals. He represents some of the region's largest businesses, as well as small start-up businesses, hospitals, nursing homes, physicians, and clinics. In addition to considerable trial experience, Jeff also has experience arbitrating, mediating, and negotiating disputes to resolution.

In professional circles, Jeff has played a leadership role. His peers elected him as the President of the South Dakota Defense Lawyers Association, as well as the South Dakota State Representative to the Defense Research Institute. Jeff has been awarded the Pro Bono Publico Award for providing extraordinary legal services to the underprivileged without compensation.

He is a 1990 graduate of the University of South Dakota School of Law, where he served as Articles Editor of the South Dakota Law Review. Following Graduation, he served as a law clerk to the Chief Judge of the United States District Court for the District of South Dakota, and has practiced with Bangs McCullen since 1992.



Areas of Practice:
Business Litigation
Civil Litigation
Condemnation
Healthcare & Medical Malpractice Law
Professional Liability Defense

James P. Hurley

Attorney
James Hurley, a South Dakota native, is a 1974 graduate of the University of South Dakota School of Law. He joined the firm in 1976. Jim is a Past President of the University of South Dakota Moot Court Board, and he served as a law clerk in the United States District Court in Rapid City. Prior to law school, Jim served as an infantry Captain with the United States Army in Vietnam. Jim is a member of the Order of Barristers, the National Academy of Trial Lawyers, the South Dakota Trial Lawyers Association, and the Association of Trial Lawyers of America. He is a Past President of the Pennington County Bar Association. He concentrates his practice in areas of litigation involving commercial law, bankruptcy law, agricultural law, banking law, and personal injury law. Jim is regularly listed in the publication entitled The Best Lawyers in America.

Areas of Practice:
Agriculture Law

Mark F. Marshall

Attorney
Mark F. Marshall grew up in Huron, South Dakota, and was admitted to the practice of law in 1981. The breadth of his work since that time has given him insights from what are usually opposite sides of the spectrum representing both plaintiffs and defendants, in both civil and criminal matters, and on both sides of the state. He has also experienced the courtroom on both sides of the bench, having served as a United States magistrate judge and a state court magistrate. A skilled and compassionate mediator, Mark also has the broad vision of one who has been in the neutral position. Mark is a fellow of the American Academy of Appellate Lawyers. When not practicing law, he can be found outdoors on his motorcycle, at the golf course or on the ski slopes.

Areas of Practice:
Civil Litigation
Criminal Defense
Personal Injury

Allen G. Nelson

Attorney
Upon graduating from Sioux Falls College in 1964, Allen Nelson served as a First Lieutenant in the United States Army in Vietnam. Al received his law degree from the University of South Dakota School of Law and served as the Editor-in-Chief of the South Dakota Law Review. He was admitted to practice in 1972 and served for one year as a law clerk for Judge Andrew W. Bogue of the United States District Court in Rapid City, South Dakota. Al is a member of the American Bar Association, South Dakota Bar Association and the Cooperative Bar Association. His current practice areas are Cooperative Law, Condemnation, Land Development, and Will and Estate Contests.

Areas of Practice:
Civil Litigation
Condemnation

Steven R. Nolan

Partner
Steven R. Nolan, a Rapid City native, practices in the areas of personal injury, family law, workers compensation, real estate, and insurance law. Steve obtained his undergraduate degree from the University of South Dakota. While attending law school, he was a member of the Client Counseling and Negotiations Board. After graduation, Steve served as a law clerk for the judges of South Dakota's Fourth Judicial Circuit Court.



Professionally, Steve is a member of the South Dakota Bar Association, South Dakota Trial Lawyers Association, American Bar Association, and the Pennington County Bar Association. Mr. Nolan is admitted to practice law in state and federal courts in South Dakota. In the community, he is a member of the Rapid City Chamber of Commerce; Junior Achievement of the Black Hills; and is actively involved in several youth athletic associations in Rapid City.

Areas of Practice:
Family Law
Workers' Compensation and Administrative Law

Eric J. Pickar

Partner
Eric Pickar received a Bachelor of Science in Psychology from South Dakota State University, graduating with high honors in 2000. In 2003, he graduated from the University of South Dakota School of Law. While attending law school, Eric was a published editor of the South Dakota Law Review, a member of the USD School of Law Trial Team, and also a teacher for the USD English Department. Additionally, he served as an editor for Moot Court, as President of the Delta Theta Phi Law fraternity, and as a member of the School of Law Disciplinary Board. Eric joined Bangs McCullen immediately after graduating from the USD School of Law. Eric is a member of the Pennington County Bar Association, the South Dakota Trial Lawyers Association, the American Association of Justice, the National Association of Criminal Defense Lawyers, and the American Bar Association. His practice primarily focuses on criminal defense, family law, antitrust and civil litigation.

Areas of Practice:
Civil Litigation
Civil Rights
Construction Law
Criminal Defense
Family Law
Personal Injury

Jacob M. Quasney

Associate
Jake, an associate in our Rapid City office, is a 2011 Sterling Honors Graduate from the University of South Dakota School of Law.



Jake grew up in Rapid City and is a Central High School graduate. He received his Bachelor's Degree in Business Administration and Accounting from Chadron State College. Before law school, Jake spent several years with a public accounting firm in Sioux City, Iowa. In law school, Jake was a member of, and Business Manager for, the USD Moot Court Board. Jake and his teammates competed in Minneapolis, San Diego, and New York. After graduating from law school with High Honors, Jake clerked for the Seventh Judicial Circuit in Rapid City. He is a member of the South Dakota Bar Association, American Bar Association, and is licensed to practice in Federal Tax Court.



Jake is a sports fanatic, and follows virtually every major sport. In his free time, he and his wife, Lindsey, can be found boating, hiking, kayaking, or cross-country skiing in the hills.

Areas of Practice:
Business & Corporate Law
Tax Law
Trust & Estate

John H. Raforth

Partner
John Raforth graduated from the University of South Dakota School of Law in 1985. He also has a Master's Degree in Accounting from the University of South Dakota Graduate Business School and a Master's in Law (L.L.M.) in Taxation Degree from the University of Denver Law School. He holds an undergraduate degree in Business Administration with an accounting emphasis from Concordia College in Moorhead, Minnesota. John's practice focuses on federal, state, and local tax planning and controversy issues, business transactions, strategic business planning and advice, and estate and trust matters, including perpetuities (dynasty) trust formation and planning issues. He is a Certified Public Accountant and has practiced as a tax specialist with Deloitte Haskins & Sells (presently Deloitte & Touche), both domestically and in Saudi Arabia. Prior to joining Bangs McCullen, John practiced law with national and regional firms, including San Francisco- based Heller, Ehrman, White & McAuliffe. He also has been a state law author of chapters in State Limited Partnership Laws and State Limited Liability Company Statutes published by Aspen. John is a frequent presenter to the State Bar of South Dakota on tax and probate matters. John is listed in the Super Lawyers Business Edition Section, Best Lawyers in America, and Chambers, USA. He carries an A rating from Martindale-Hubbell.

Areas of Practice:
Business & Corporate Law
Property Law
Tax Law
Trust & Estate

Charles L. Riter

Attorney
Chuck Riter attended Northwestern University and graduated from the University of South Dakota and the University of South Dakota School of Law. Prior to joining Bangs McCullen, Chuck practiced as an attorney with the Office of District Counsel of the Internal Revenue Service in St. Paul, Minnesota. He has lectured extensively on wills, trust and estate matters as well as tax matters to a wide range of organizations and groups, including the South Dakota Bar Association. Chuck is listed in The Best Lawyers in America, Great Plains Super Lawyers and Chambers Leading Lawyers. He is a fellow of the American College of Trust and Estate Counsel and the American Bar Foundation. He is a member of the Pennington County Bar, State Bar of South Dakota and the American Bar Association as well as a member of the IRS Liaison Committee (1971-1977, 1978-1983). He is admitted to practice in all South Dakota state and federal courts, and the United States Tax Court. His practice concentrates on wills, trusts, estate planning, probate, charitable giving, tax matters and business law.



Areas of Practice:
Business & Corporate Law
Trust & Estate

Rodney W. Schlauger

Partner
Rod graduated Magna Cum Laude from Bethel College in 1987 and the University of South Dakota School of Law in 1990. He has been practicing with the firm since graduation and is a member of the South Dakota, Minnesota, North Dakota, and Nebraska State Bars. He is also a member of the Order of the Barrister and has been elected to the Board of Governors of the South Dakota Trail Lawyers Association. Rods practice focuses on commercial and construction litigation, personal injury, banking, and real estate law, including real property litigation. He is listed in the Best Lawyers of America for the areas of Litigation - Banking & Finance, Litigation - Real Estate and Real Estate Law. The National Trial Lawyers listed Rod as one of the top 100 Trial Lawyers for South Dakota in 2012.

Areas of Practice:
Banking Law
Business & Corporate Law
Business Litigation
Civil Litigation
Property Law

Terry G. Westergaard

Partner
Terry Westergaard is a partner in the Litigation Department in our Rapid City Office. He concentrates his practice in the areas of insurance law and litigation and construction litigation.

Terry has extensive experience in insurance coverage claims and complex insurance litigation. He also regularly represents small businesses in various areas including employment issues, property disputes, contract formation and contract disputes.

Terry has served the legal community through his involvement in the ABA and State Bar of South Dakota. He has served on various State Bar committees and was elected a Bar Commissioner for the State Bar of South Dakota. He is a member of the Defense Research Institute, the South Dakota Trial Lawyers Association, and the South Dakota Defense Lawyers Association. He has also served on various local boards including the YMCA and Canyon Lake Little League.

He is a 1990 graduate of the University of South Dakota School of Law and has practiced with Bangs McCullen since 1998.

Areas of Practice:
Agriculture Law
Business Litigation
Civil Litigation
Construction Law
Insurance Law
Personal Injury
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