Scott N. Heidepriem - HPS Law Firm Attorneys

Scott N. Heidepriem


Scott Heidepriem  - Best Lawyers 2020

Scott Heidepriem has tried lawsuits in South Dakota for 39 years.  Scott practices in all areas of litigation in both federal and state court.  

He graduated from the University of South Dakota, School of Law in 1980, and from Harvard in 1992 with a Master’s degree in Public Administration.

Scott has been listed in Super Lawyers of the Midwest Top 25, as one of the top 25 lawyers in a three state area – being one of only five in South Dakota. He has been chosen as one of the Best Lawyers in America for many years. He holds an “AV” rating from Martindale-Hubbell.

The National Trial Lawyers Association selected Scott in the nation’s top 100 Trial Lawyers and as the only South Dakota lawyer to be designated the title of Diplomat. Membership to the Top 100 is extended solely to the select few of the most qualified attorneys who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile. Scott is a past president of the South Dakota Trial Lawyers where he is a life fellow. Scott is a member of American Association of Justice and the American Bar Association. He is a past president of the South Dakota Board of Trial Advocates. He received his ABOTA membership in 2000. He is a Life Fellow of the American Bar Foundation and ABOTA.

Scott served in the South Dakota legislature for 12 years. He was chosen as Speaker of the House, Pro Tempore, chairman of the Senate Judiciary Committee, and Senate Minority Leader for four years. Heidepriem was chosen the Democratic Party’s nominee for Governor of South Dakota in 2010.

Scott is married to Susan. They have two sons, Sam and Peter.

Scott’s e-mail address is Scott can also be reached by calling the law firm directly.

Areas of Practice

  • Arbitration
  • Bad Faith
  • Class Actions
  • Complex Litigation
  • Federal Courts
  • Legal Malpractice
  • Medical Malpractice
  • Motor Vehicle Accidents
  • Pharmaceutical Products
  • Premises Liability
  • Railroad Slip and Fall
  • State Trial Practice
  • US Court of Appeals for the Federal Circuit
  • US Supreme Court
  • Workers’ Compensation
  • Workers’ Compensation Appeals
  • Wrongful Death — Plaintiff

Attorney of Record in the Following Appeals:

  • Lagler v. Menard, Inc. & Zurich American Insurance Co., 2018 S.D. 53, 915 N.W.2d 707.
  • FB & Bldg. Products, Inc. v. Superior Truss & Components, A Division of Banks Lumber, Inc., 2007 S.D. 13, 727 N.W.2d 474.
  • Bair v. Callahan, 775 F. Supp.2d 1163 (D.S.D. 2011)
  • Stockwell v.Stockwell, 2010 S.D. 79, 790 N.W.2d 52
  • Haar v. Callahan, 2009 WL 1408671 (D.S.D. 2009)
  • Papke v. Harbert, 2007 SD 87, 738 N.W.2d 510 Bird Hotel Corp. v. Super 8 Motels, Inc., 246 F.R.D. 603, 605 (D.S.D.2007)
  • Johanns v. Livestock Marking Association et a;l., 544 U.S. 550, 125 S.Ct. 2055 (2005)
  • Olson v. Equitable Life Assur. Co., 681 N.W.2d 471 (S.D. 2004)
  • In re Arendt, 684 N.W.2d 79 (S.D. 2004)
  • Kwongyuen Hangkee Co., Ltd. v. Starr Fireworks, Inc., 634 N.W.2d 95 (S.D. 2001)
  • Maryott v. First National Bank of Eden, 2001 S.D 43, 624 N.W.2d 96
  • Sorrels v. Queen of Peace Hosp., 575 N.W.2d 240 (S.D. 1998)
  • Cramer v. Smith, 572 N.W.2d 445 (S.D. 1997)
  • Himrich v. Carpenter, 569 N.W.2d 568 (S.D. 1997)
  • Bruske v. Hille, 567 N.W.2d 872 (S.D. 1997)
  • Dakota Cheese, Inc. v. Taylor, 525 N.W.2d 713 (S.D. 1995)
  • Bell Paper Box, Inc. v. Trans Western Polymers, Inc., 53 F.3d 920 (8th Cir. 1995)
  • Cournoyer v. Montana, 512 N.W.2d 479 (S.D. 1994)
  • U.S. v. Hacker, 883 F.Supp. 444 (D.S.D. 1994)
  • Mueller v. Zelmer, 525 N.W.2d 49 (S.D. 1994)
  • State v. Sondreal, 459 N.W.2d 435 (S.D. 1990)
  • Prentice v. Classen, 355 N.W.2d 352 (S.D. 1984)
  • Olson v. Cass, 349 N.W.2d 435 (S.D. 1984)
  • Gross v. Gross, 355 N.W.2d 4 (S.D. 1984)
  • Northwest Realty Co. v. Carter, 338 N.W.2d 669 (S.D. 1983)
  • U.S. v. Oakie, 709 F.2d 506 (8th Cir. 1983)


Scott presents and teaches attorneys all over the country and has been published numerous times.

  • Assisted teaching environmental litigation at the University of Michigan Law School Ann Arbor, Michigan
  • “Debating the Doctrine: Government Speech,” South Dakota Law Review 2012 Symposium – Vermillion, SD
  • “Criminal Defense Artistry: Proficiencies & Persepectives” State Bar of South Dakota - Sioux Falls, South Dakota
  • “The 2008 Legislative Session: A Work in Progress” State Bar of South Dakota Early Bird CLE – Rapid City, SD
  • "Reproductive Rights in South Dakota" Speech at Macalester College, St. Paul, MN
  • "Rainmaking" Young Lawyers Regional Conference - Deadwood, SD
  • "Taking a Medical Deposition that the Jury Can Understand," South Dakota Trial Lawyers Association - Rapid City, SD
  • "Preparing the Witness for a Deposition" Trial Academy – USD Law School, Vermillion, SD
  • "Overcoming Juror Bias: How it Affects Your Case" South Dakota Trial Lawyers Association
  • "From Miller to Sioux Falls: Is There a Difference in Juries?" SDTLA Spring Seminar, Sioux Falls, SD
  • "Discovery Skills for Legal Staff in South Dakota" Lorman Education Services, Sioux Falls, SD
  • "Common Sense Rules to Guide Your Trial Practice" SDTLA Spring Seminar, Trial Strategies & Techniques, Sioux Falls, SD
  • “Successful Trial Strategies” Iowa Trial Lawyers Association CLE, Marina Inn, Sioux City, IA
  • “The Million Dollar Case” SDTLA, Excellence in Advocacy, Practicing With the Best, Sioux Falls, SD
  • “Tort Reform in South Dakota: The Plaintiff’s Perspective” South Dakota Law Review, Volume 42, Issue 2 (1998) (with Nancy Turbak)
  • “Going Up Against the Trial Lawyer of the Year, or the Case of the Smoking Belly Button: An Adversary’s Diary” Barrister
  • Adjunct Professor, USD Law School Settlement & Negotiation, Pre-trial Process
  • “Treatment Plans: Medicate or Amputate?” SDTLA Practice Made Easier, Anatomy of a Law Firm, Chamberlain, SD
  • "Pretrial Process" USD School of Law, Adjunct Professor with Jonathan Van Patten
  • "Negotiations and Settlement" USD School of Law, Adjunct Professor with Martha Davis & Cris Palmer
  • "Subrogation Issues Involving the Government, Worker's Comp, and the Tort Setting" State Bar of South Dakota CLE, Subrogation Issues, Chair of Panel
  • "South Dakota's Competitive Advantage" Annual Meeting - Saskatchewan Chamber of Commerce, Calgary
  • "Tax Consequences of Repossession and Developments for 1984" State Bar of South Dakota CLE, Mitchell, SD
  • "Age Discrimination in Employment" State Bar of South Dakota CLE, Advising Elderly Clients, Pierre, SD


  • “Tort Reform in South Dakota - The Plaintiff’s Perspective,” co-authored with Nancy J. Turbak, Vol. 42, Issue 2, 1999, South Dakota Law Review


  • A FAIR CHANCE FOR A FAIR PEOPLE, A Biography of Karl Mundt, Mundt Foundation, Madison, SD, 1998
  • BRING ON THE PIONEERS! A History of Hand County, South Dakota, State Publishing, Pierre, SD 1978

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