Overview
Throughout my career, I have developed a passion for trying cases and helping clients resolve litigation, having represented numerous professionals and their insurers in state and federal court. I represent professionals in all types of litigation, especially design professionals and contractors. I also represent insurance companies in bad faith litigation, in addition to defending individuals and businesses in general liability claims.
Beyond litigation, I have excelled in appellate advocacy, handling numerous appeals to the South Dakota Supreme Court and the Eighth Circuit Court of Appeals. I take pride in my zeal, intellect, experience, and common sense, which have contributed to the successful results and outcomes that my clients have come to expect as we navigate the entire litigation process.
Bio
Michael Tobin was raised in Aberdeen, South Dakota. His father, Tom, practiced law in Aberdeen for decades, instilling in Michael a passion for education and the law from his earliest years. Michael graduated from Roncalli High School in 1994, and he spent much of his youth playing hockey, tennis, and football.
Michael attended the University of Notre Dame and graduated with honors with degrees in American history and government. He returned to South Dakota and attended the University of South Dakota School of Law, graduating in 2001 with a variety of honors and awards, including Sterling Honor Graduate and the Lexis/Nexus Award for the highest GPA in the graduating class. Michael also received the Order of Barristers for oral argument and advocacy in Moot Court competitions.
Following his graduation, Michael served as Law Clerk for the Honorable Charles B. Kornmann, United States District Judge for the District of South Dakota. During his two-year clerkship, Michael witnessed and assisted Judge Kornmann with dozens of jury trials, providing an invaluable extension of his legal education.
Michael joined Boyce Law Firm in 2003 and is a member of the firm’s litigation section. His practice is in civil litigation and focuses upon representing professionals in litigation, especially engineers, architects, and contractors. He also represents teachers, schools, lawyers, physicians, and nursing homes. Additionally, he represents insurance companies in bad faith litigation and insurance agents and producers in litigation. He also represents trusts and estates in a variety of probate litigation.
Throughout his career, Michael has successfully tried many cases in both state and federal court. He has appeared numerous times before the South Dakota Supreme Court and the United States Court of Appeals for the Eighth Circuit. Appellate advocacy is a component of his practice that he especially enjoys.
Outside of the office, Michael and his wife Katie focus much of their time on their five children and the variety of activities that they enjoy. On any given evening, you can find Michael at the hockey rink, softball field, soccer field, or basketball court, just to name a few. He is a board member of the St. Francis House in Sioux Falls and is dedicated to their mission of housing and assistance to those in need. Michael also faithfully follows his beloved Fighting Irish, taking too seriously the joys of victory and the agony of defeat. In the rare quiet times that remain, he enjoys reading about American history, especially World War II and the American Civil War.
Education:
- J.D., University of South Dakota (2001)
- Sterling Honor Graduate
- Recipient of the Lexis/Nexus Award for highest GPA in graduating class
- Member of The Order of Barristers for oral argument and advocacy in Moot Court competitions
- B.A., University of Notre Dame (1998)
- Graduated with Honors with degrees in American History and Government
- Student manager for the University of Notre Dame Athletics Department
Admissions:
- State and Federal Courts in South Dakota, including the Eighth Circuit Court of Appeals
Practice Areas
- Construction Professional Malpractice Litigation
- Construction Defect Litigation
- General Construction Litigation
- Insurance & Coverage Litigation
- Construction Contract & Document Negotiation
- Construction Licensing Matters
- Construction Education & Risk Management
- Other Construction Advice & Representation
Professional and Community
Associations:
- South Dakota Defense Lawyers Association
- Defense Research Institute (DRI) (Construction Law, Architects and Engineers Subcommittee, Professional Liability Committee, and Commercial Law Committee)
- Professional Liability Defense Federation (PLDF) (Architect/Engineer Claims Group, Insurance Agent/Broker Claims Group, Medical Malpractice Claims Group)
- South Dakota State Bar Association
- American Bar Association
- Second Circuit Bar Association
Awards and Recognitions
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Recognized in The Best Lawyers in America® 2024 for work in Litigation – Construction
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Named “Lawyer of the Year” by Best Lawyers® for Litigation – Construction, Sioux Falls (2022)
- Martindale-Hubbell AV Rated
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Great Plains Super Lawyers (2023-2024)
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Great Plains Super Lawyers Rising Star (2015)