Click on the below to read South Dakota Case Laws for the following years: In Safety National Casualty Co. v. United States Department of Homeland Security<\/i><\/b>, 2012 WL 974955 (S.D.Tex. March 21, 2012) the parties made cross motions for summary judgment as to six immigration bonds on which DHS sent notice to the bonding agent, but not to the surety. The court reviewed its prior decisions in the case and the Fifth Circuit’s decision reported at 2011 WL 5138639 (5th Cir. October 31, 2011) and applied the law as explained in those decisions to the six bonds. The court granted DHS summary judgment against the bond agent because DHS sent it timely notice to produce the alien. However, the court also granted summary judgment to the surety because DHS failed to send it notice. Thus, the court enforced the Fifth Circuit’s holding that if the “notice to both” box was checked, notice to both was not a condition precedent to any liability on the bond but that only party who was sent notice was liable.<\/p>\n In Dominguez v. Safety National Casualty Corp<\/i><\/b>.<\/i>, 2010 WL 697274 (S.D.Tex. February 23, 2010) the defendant agency and surety filed counterclaims against the plaintiffs alleging that the plaintiffs (and some members of the putative class they purported to represent) breached their immigration bond contracts and were obligated to indemnity the defendants for costs and attorneys fees should the defendants prevail. The plaintiffs moved to dismiss the counterclaims for lack of subject matter jurisdiction and failure to state a claim. The court denied the motion. It had supplemental jurisdiction and the indemnity provision, as interpreted by the defendants, could apply to the case.<\/p>\n","protected":false},"excerpt":{"rendered":" South Dakota Case Laws Click on the below to read South Dakota Case Laws for the following years: 2012 2010 South Dakota Case Law 2012 In Safety National Casualty Co. v. United States Department of Homeland Security, 2012 WL 974955 (S.D.Tex. March 21, 2012) the… <\/p>\n
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\n2010<\/a><\/p>\nSouth Dakota Case Law 2012<\/h3>\n
South Dakota Case Law 2010<\/h3>\n