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Cases

Heffernan v. City of Missoula

Declaring the importance of growth policies in local land use planning.

Estate of Gleason, et al. v. Central United Life Insurance Company, et al.

Adopted the notice prejudice rule in Montana for all first party insurance; insurers cannot deny claims for being late unless late filing caused prejudice.

Morrow v. Bank of America

The Montana Supreme Court held in Morrow v. Bank of America that consumers have a right to bring suit against a loan servicer for its fraud, negligence, misrepresentations and unfair and deceptive acts and practices in the context of a mortgage loan modification.

MEA-MFT et al. v. McCullogh

Ruled LR123 unconstitutional, which would have required the state to automatically refund half of any projected budget surplus.

Baird v. Norwest Bank

Established that the Montana Consumer Protection Act applies against banking abuses.

Coutts v. McCullouch

Successfully defended I-164, the initiative banning excessive interest charged by pay-day lenders.

Ridley v. Guaranty National Insurance Company

Required insurers to pay on-going medical costs of injured people when liability is clear.

State v. Phillip Morris et al

The tobacco case. Largest settlement ever in Montana.

Weeks v. State of Montana

Largest pre-trial settlement against the state of Montana.

Lamping et al. v. American Home Products et al

The fen Phen case. Montana’s first and only medical monitoring class action.

In re Documents 1,2 and 3, U.S. v. Kaczynski

Represented New York Times seeking public access to FBI documents in the Unabomber case.

Stormont v. National Fire Union Insurance Co. of Pittsburg

Largest Unfair Insurance Claims Settlement Practices verdict in Montana.

McCall v. Bonneville Power Administration

Established that the United States government has a non-delegable duty to provide a safe workplace.

MEIC v. DEQ

Established that the right to a clean and healthful environment is a fundamental right for all Montanans.

North 93 Neighbors v. Flathead County and Citizens for Responsible Development

Defined environmental review required by local governments in land use decisions.

Clark Fork Coalition v. DEQ

Established that state agencies must take a hard look at environmental impacts of their actions.

Bozeman Daily Chronicle v. City of Bozeman

Affirming the public’s right to know about misconduct by law enforcement.

Swingley, et. al. v. Montana Highway Patrol

$7,650,000 settlement of class action for overtime pay on behalf of Highway Patrol officers.

Jaksha v. Butte-Silver Bow County

Established that the maximum hiring age requirement for firefighters was unconstitutional.

Tracy v. City of Missoula

Established the broad protections of the Montana reporters’ shield privilege.

Walker vs. Solomon Smith Barney

Largest individual employment arbitration award obtained by a Montana lawyer ($1.8 million).

Williams v. Norwest Corporation

Class action resulting in the first and largest Cy Pres Award in Montana.