Jason R. Sutton


I have been representing clients in various types of litigation in the federal and state courts in South Dakota since 2007. My practice involves advising parties in commercial litigation matters, defending attorneys and insurance agents in malpractice cases, and representing clients in employment-related matters.

I have also been involved in trust and estate litigation and have represented clients in tax appeals and utility and energy regulatory matters. Additionally, I handle complicated divorce cases.


ason Sutton grew up in Watertown, South Dakota, and attended South Dakota State University, where he received his Bachelor of Science degree in business economics with a minor in accounting, graduating with highest honors in 2002. He then attended law school at the University of Nebraska, where he was a three-time recipient of the Westlaw Award for Academic Excellence and graduated with highest distinction honors in 2005.

Following graduation, Jason clerked for two years for the Honorable Karen E. Schreier of the U.S. District Court in South Dakota, before joining Boyce Law Firm in 2007.

Jason is an experienced partner in the firm’s litigation practice, representing individuals and corporations across several different areas of the law.

Since joining the firm, he has tried several cases, including acting as lead counsel in both jury trials and court trials. He has personally taken and defended over 200 depositions, and he has managed the discovery in a successful, complex arbitration that involved over 70,000 pages of discovery and 12 depositions. He has also been involved in large trust cases and assisted in internal investigations.

Additionally, Jason has represented clients, including individuals and utilities, in administrative hearings in South Dakota. He has been involved in several appeals to both the Eighth Circuit Court of Appeals and the South Dakota Supreme Court, and he has argued before the South Dakota Supreme Court on multiple occasions.


  • J.D. University of Nebraska College of Law (2005)
    • Graduated with highest distinction honors
    • Three time recipient for Westlaw Award for Academic Excellence for having highest annual GPA
  • B.S., South Dakota State University (2002)
    • Graduated with highest honors with a degree in business economics and minor in accounting


  • South Dakota
  • U.S. District Court for the District of South Dakota
  • U.S. Court of Appeals for the 8th Circuit

Professional and Community

  • South Dakota Defense Lawyers Associations
  • Defense Research Institute
  • Member of the Electronic Filing Task Force Appointed by Chief Justice of South Dakota Supreme Court
  • South Dakota State Bar Association Committees:
    • CLE Committee Chair—(2015-2019)
    • Bar Commissioner—(2016-2019)
    • Second Circuit Bar Association—President from 2013-2014
    • Previous member of South Dakota Civil Pattern Jury Instruction Committee and Ethics Committee

Awards and Recognitions

  • Recognized in The Best Lawyers in America® 2024 for work in:
    • Commercial Litigation
    • Legal Malpractice Law – Defendants
    • Litigation – Trusts and Estates
  • Great Plains Super Lawyers (2021-2024)
  • Great Plains Super Lawyers Rising Star (2013-2020)
  • Martindale-Hubbell – Distinguished Award

Reported Cases and Results

Some of Jason’s representative cases are:

Commercial Cases:

  • Hass v. Wentzlaff, 2012 SD 50, 816 N.W.2d 96 (lead counsel obtaining and defending summary judgment for a life insurance company involving loss involving agent fraud)
  • Raven Industries, Inc. v Clark, 2010 SD 49, 783 N.W.2d 844 (represented plaintiff employer in obtaining permanent injunction against former employer and new employee following 8 day court trial and involving trade secrets and breach of confidentiality agreements)
  • Wittrock v. First National Bank in Sioux Falls, et al., 2018 WL 2186473 (D.S.D. 2018) (represented securities brokerage firm in tort action arising from theft)

Lawyer Malpractice Cases:

  • Hutterville Hutterian Brethren, Inc. et al. v. Jeffrey T. Sveen et al, 776 F.3d 547 (8th Cir. 2015) (responsible for motion to dismiss briefing and argument on RICO claims asserted against attorney)
  • Roger Hamilton v. Richard Sommers, et al., 2014 SD 76, 855 N.W.2d 855 (active second counsel including taking several depositions, directing discovery, and briefing at trial court and Supreme Court on legal malpractice case)
  • Waldner v. N. Am. Truck and Trailer, Inc., 277 F.R.D. 401 (D.S.D. 2011) (obtained dismissal of RICO claim asserted against attorney)

Employment Law:

  • Kolda v. City of Yankton, 2014 SD 60, 852 N.W.2d 425 (co-counsel defending employer resulting in defense verdict)
  • Specht v. City of Sioux Falls, 639 F.3d 814 (8th Cir. 2011) (represented municipality in Fair Labor Standards Act case)
  • Mittleider v. Dakota, Minnesota, and Eastern Railroad, 2014 WL 1093812 (D.S.D. 2014) (successfully represented former employer against railroad in employment matter)

Administrative Law:

  • Pesall v. Montana Dakota Utilities Co. et al, 2015 SD 81, 871 N.W.2d 649 (directed discovery and second chair attorney in trying contested case hearing before South Dakota PUC for facility permit on 160 mile electric transmission line Project and worked as second chair on condemnation cases needed for right of way acquisition)
  • Montana-Dakota Utilities Co. v. Parkshill Farms, LLC, 2017 SD 88, 905 N.W.2d 334 (condemnation action involving court trial on right-to-take and appeal of both right-to-take and just compensation issues)
  • Citibank, N.A. v. South Dakota Department of Revenue, 2015 SD 67, 868 N.W.2d 361 (refund request of over $30 million for bank franchise taxes involving statute of limitations)
  • In re Application of Northwestern Corporation, Docket EL 14-106 (represented industrial intervenors in general electric rate increase case before South Dakota Public Utilities Commission)

Family Law:

  • Schieffer v. Schieffer, 2013 SD 11, 826 N.W.2d 627 (represented husband in substantial net worth cased involving prenuptial agreement, child support, relocation of special needs child and 12 expert witnesses)
  • In re Ibanez, 2013 SD 45, 834 N.W.2d 306, 834 N.W.2d 306 (represented mother in trying to set-aside voluntary termination of her parental rights)

Insurance Agent Malpractice:

  • Quest Aviation, Inc. v. NationAir Insurance Agencies, Inc., 2017 WL 395107 (D.S.D. 2017) (represented broker of aviation insurance on claim exceeding one million dollars arising out of fatal plane crash)