No. 22-1058 ___________________________

Teresa Ann Thompson, individually and as Special Administer of the Estate of Winfield Thompson, Sr., Deceased; Winfield Thompson; Melissa Prochnow, as Special Administrator/Personal Representative of the Estate of Nicholas Helgeson; Jamie Helgeson, as Special Administrator/Personal Representative of the Estate of Nicholas Helgeson; Nicholas Helgeson

Plaintiffs - Appellants

v.

William P. Harrie; Nilles Law Firm, also known as Nilles, Selbo & Harrie LTD; Nodak Insurance Company, formerly known as Nodak Mutual Insurance Company of Fargo; Nodak Mutual Group, Inc., a Mutual Holding Company; N.I. Holdings, Inc., an Intermediate Stockholding Company

Defendants - Appellees ____________

Appeal from United States District Court for the District of South Dakota - Southern ____________

Submitted: November 17, 2022 Filed: February 3, 2023 ____________ Before BENTON and ERICKSON, Circuit Judges, and BUESCHER, 1 District Judge. ____________

1 The Honorable Brian C. Buescher, United States District Judge for the District of Nebraska, sitting by designation. ERICKSON, Circuit Judge.

Teresa Ann Thompson, individually and as special administrator of the Estate of Winfield Thompson, Sr. (collectively, “Thompson”), appeals following the district court’s 2 dismissal of her claims for legal malpractice, fraud, and deceit against William Harrie and the Nilles Law Firm (collectively, “the law firm”). We grant Thompson’s motion to supplement the record. Because we predict the South Dakota Supreme Court would prohibit the assignment of legal malpractice claims and the district court did not err in dismissing the remaining claims, we affirm. I. BACKGROUND

On November 6, 2009, Winfield Thompson, Sr., died as the result of injuries he sustained in a car accident in Roberts County, South Dakota. Winfield was a passenger in a vehicle that collided with a vehicle owned by Patrick Nelson and driven by Nicholas Helgeson. Helgeson, a North Dakota resident, was insured under an automobile policy issued to his parents by Nodak Insurance Company (“Nodak”). Thompson commenced a personal injury and wrongful death action in South Dakota state court against Helgeson, alleging Helgeson’s failure to exercise reasonable care in the operation of a motor vehicle was the proximate and direct cause of the accident that injured and ultimately killed her father. Thompson sought compensatory, special, and general damages on behalf of Winfield as well as damages on behalf of herself, Winfield’s heirs, and the Estate of Winfield Thompson, Sr. Nodak hired William Harrie, who was licensed in North Dakota, to defend Helgeson in the wrongful death action.

The wrongful death action was put on hold when Nodak initiated a declaratory judgment action, seeking a determination on whether its policy covered Helgeson.

2 The Honorable Karen E. Schreier, United States District Judge for the District of South Dakota. -2- After the court resolved the coverage dispute and determined Nodak was obligated to provide coverage, Thompson’s attorney sent a written settlement demand to Harrie. When Harrie failed to respond, Thompson’s attorney wrote again, this time demanding a formal answer to the wrongful death complaint within thirty days. When no answer was filed, Thompson moved for entry of default judgment.

After receiving the motion for entry of default judgment, Harrie signed and filed an answer on Helgeson’s behalf. Although Harrie’s partner, Mark