Bozeman, MT
General practice Lawyer at Bozeman, MT
Practice Areas: General Practice, Constitutional ... +3 more
OUTCOME: Favorable reversal
Representing appellant. Unanimous opinion affirming client’s right to pursue his claims, clarifying the mootness doctrine and the limits of the voluntary cessation exception. Subsequent confidential se ... ttlement.
OUTCOME: Prevailed on summary judgment
Represented more than one hundred landowners in constitutional litigation arising from a gravel pit zoning dispute. Secured a favorable judgment that declared a disputed statute unconstitutional and af ... firmed the creation of a citizen-initiated special zoning district.
OUTCOME: Affirmed
Appeal regarding construction and enforcement of arbitration clause, limits on agreement to arbitrate.
OUTCOME: Prevailed on all counts on summary judgment
Declaratory judgment action over constitutional right to individual privacy versus public right to know. Prevailed on substantive dispute and counterclaim clarifying public record request processing pr ... ocedure
OUTCOME: Dismissal of all counter-claims
Defense of counter-claims against Chapter 7 bankruptcy trustee in bankruptcy adversary proceeding
OUTCOME: Favorable judgment on all counts, plus award of attorney's fees
In a dispute over an alleged right of first refusal in mortgage-backed securities transaction, successfully defended loan originator against claims of breach of contract, lender fraud, tortious interfe ... rence, etc. Prevailed on seven of eight claims on summary judgment, and secured a directed verdict on the remaining claim after a two day jury trial.
OUTCOME: 7-0 favorable published opinion
After securing corporate dissolution in a shareholder oppression action, achieved reversal of trial court order dismissing additional damage claims for past fraud and breaches of fiduciary duty. Preva ... iled based on statutory interpretation of purportedly exclusive remedies available under the judicial dissolution provisions of the Montana Business Corporation Act.
OUTCOME: Fee award affirmed
As counsel for Chapter 7 bankruptcy trustee, successfully defended attorney’s fee award on appeal from the bankruptcy court following a challenge to the proper allocation and fee-calculation methodolog ... y under the Bankruptcy Code.