direct phone: (605) 906-8904

Mark is a veteran trial lawyer and former prosecutor that joined our firm in 2019. Mark’s practice is primarily devoted to commercial litigation, including the defense of first and third-party insurance claims, high value personal injury and wrongful death claims, and complex construction litigation. Mark’s trial record includes jury trials in both South Dakota state and federal court for causes of action of bad faith claims against insurance carriers, wrongful death claims, and construction claims. Mark has also litigated professional liability claims and commercial trucking claims. Mark has also acted as general counsel for medical specialty groups.

Mark takes pride in providing efficient litigation services for clients through litigation and mediation. Mark’s trial record includes over 35 jury trials with a distinguished list of results. Mark is a member of the American Board of Trial Advocates, and the South Dakota Defense Lawyers’ Association, including serving as that group’s President in 2012.

Mark’s pro-bono/community service practice includes representation of Catholic Family Services and their prospective adoptive parents.

Mark grew up in Grand Island, Nebraska, and attended college (undergrad and law school) at the University of Nebraska-Lincoln. Mark and his wife (Amy), and their two children have lived in Sioux Falls since 1996.  Mark’s hobbies include fly fishing and golf.

Practice Areas

Claims against insurance carriers/bad faith claims

Personal injury

Construction claims

Trucking claims

Professional liability claims

Professional Experience

Evans Haigh & Arndt LLP
Partner 2019 – Present

May & Johnson, P.C.
Partner 2005 – 2019
Associate 2000 – 2005

Lincoln County (S.D.) State’s Attorney’s Office
Deputy State’s Attorney 1996 – 2000


University of Nebraska
(B.A., 1991)

University of Nebraska
(J.D., 1995)



Admitted to Practice (State)
Nebraska, 1995
South Dakota 1996

Admitted to Practice (Federal)
United States Court of Appeals, Eighth Circuit, 2005
United States District Court, District of South Dakota, 2001

Professional Honors and Memberships

State Bar of South Dakota

South Dakota Second Circuit Bar Association

South Dakota Defense Lawyers Association (President, 2012)

Defense Research Institute

American Board of Trial Advocates

South Dakota Bar/Judicial Liaison Committee: 2005 – 2016



Sioux Falls Youth Hockey Association, Board Member and President (2013 – 14)

O’Gorman High School, Board Member

Girl Scouts of America, Sioux Falls, Board Member

Minnehaha Country Club, Board of Directors



Reported Decisions

South Dakota Supreme Court

  • State Auto Ins. Companies v. B.N.C., 2005 S.D. 89, 702 N.W.2d 379.
  • Burley v. Kytec Innovative Sports Equip., Inc., 2007 S.D. 82, 737 N.W.2d 397.
  • Progressive Halcyon Ins. Co. v. Philippi, 2008 S.D. 69, 754 N.W.2d 646.
  • Dakota Plains AG Ctr., LLC v. Smithey, 2009 S.D. 78, 772 N.W.2d 170.
  • Law v. City of Sioux Falls, 2011 S.D. 63, 804 N.W.2d 428.
  • Kern v. Progressive N. Ins. Co., 2016 S.D. 52, 883 N.W.2d 511.
  • Harvieux v. Progressive N. Ins. Co., 2018 S.D. 52, 915 N.W.2d 697.
  • Burgi v. East Winds, 969 N.W. 2d 919, 2022 SD 6.

Federal Court

  • Goddard, Inc. v. Henry’s Foods, Inc., 161 F. Supp. 2d 1006 (D.S.D. 2001).
  • Culhane Commc’ns v. Fuller, 489 F. Supp. 2d 959 (D.S.D. 2007).
  • Thach v. Tiger Corp., 2009 WL 2185399 (D.S.D. 2009).
  • Thach v. Tiger Corp, 609 F.3d 955 (8th Cir. 2010).
  • Taco John’s of Huron, Inc. v. Bix Produce Co., LLC, 569 F.3d 401 (8th Cir. 2009).
  • Bjornestad v. Progressive N. Ins. Co., 2010 WL 4687640 (D.S.D. Nov. 10, 2010).
  • Bjornestad v. Progressive N. Ins. Co 664 F.3d 1195 (8th Cir. 2011).
  • Ebaugh v. PetSmart, Inc., 2012 WL 2576217, (D.S.D. July 3, 2012).
  • Mehlbrech v. Acuity, 2012 WL 4718659 (D.S.D. Oct. 3, 2012).
  • Fox Drywall & Plastering, Inc. v. Sioux Falls Const. Co., 2012 WL 1457183 (D.S.D. 2012).
  • LeBeau v. Progressive N. Ins. Co., 2015 WL 5697364 (D.S.D. 2015).