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Notable Cases

AVIATION

  • Pilot error and manufacturing defects on Embraer aircraft operated by Conair ($6 million)
  • Defective jet engine causing multiple deaths; evidence spoliation ($8.9 million from
    multiple defendants)

COMMERCIAL LITIGATION

  • Breach of fiduciary obligations and contract regarding an eye clinic ($1.1 million)
  • Breach of stock contract and fiduciary duties ($1.2 million)
  • Failure to adequately fund business and wrongful termination of credit ($1.5 million)
  • Improper termination of operating line of credit
  • Violation of corporation borrowing regulations
  • Violation of SEC rules regarding secondary stock offer disclosures ($15 million)
  • Recovery for insurance bad faith against out-of-state third party administrator (adjusting company) for failure to follow Montana law in adjusting claims

MEDICAL NEGLIGENCE

  • Failure to properly advise patient of latex surgery ($1 million)
  • Breach of standards regarding spinal fusion surgery and technique
  • Failure to monitor coagulation problems after prostrate surgery
  • Failure to properly monitor patient during spinal anesthesia
  • Failure to properly treat glaucoma
  • Failure to properly treat ER patient with infectious respiratory illness
  • Failure to properly treat retinal detachment
  • Failure to timely diagnose breast cancer
  • Failure to timely diagnose colon cancer
  • Failure to timely diagnose prostrate cancer
  • Failure to treat post-operative complications following cataract surgery
  • Injury to optic nerve during surgery; failure to properly treat macular degeneration
  • Injury from misplaced screw during spinal fusion
  • Medical negligence resulting in injury to vagus nerve
  • Negligent package and ship human tissue to pathology center ($2.2 million)
  • Negligent treatment post-CT myelogram complications
  • Negligent treatment of acute respiratory distress syndrome (ARDS) and catheter insertion
  • Spinal surgery where wrong discs were removed
  • Failure to monitor clotting issues post surgery of lower extremity resulting in death
  • Misdiagnosis of biopsy resulting in unnecessary kidney removal
  • Failure to monitor post surgery medication reaction resulting in death
  • Failure to properly formulate TPN feedings

NEGLIGENCE / INJURIES

  • Failure to property operate van ($1 million)
  • Failure to properly operate tractor trailer; uninsured motorist; ($1.85 million)
  • Negligence in gas pipeline swabbing project causing catastrophic burns ($2 million)
  • Motor vehicle crashes (multiple)
  • Improper supervision of trenching project leading to death ($4.3 million)
  • Traumatic brain injury (multiple)
  • Negligence involving motorcycle/automobile collision resulting in serious personal injuries ($1 million)
  • Negligence and Montana Residential Landlord Tenant Act violations resulting in carbon monoxide exposure ($1 million)
  • Premises liability negligence of municipality resulting in death
  • Negligent supervision and civil rights violations against government entity for improper investigation and harassment of innocent individual
  • Negligence of general contractor for injury to independent contractor resulting in significant personal injuries (workers compensation and personal injury)

PRODUCTS LIABILITY

  • Failure to properly tether modular home
  • Defective table saw
  • Failure of onboard trailer weigh-scale system resulting in multiple deaths ($3.6 million)
  • Failure to warn and manufacturing defects of latex products ($1 million)
  • Defective aircraft engine resulting in multiple deaths; spoliation of evidence ($8.9 million)
  • Defective auto parts
  • Defective highway due to improper super-elevation on curve
  • Exploding x-ray machine
  • Injuries resulting from tainted surgical supplies
  • Park-to-reverse gear defect
  • Defective transmission

WORKERS COMPENSATION

  • Multiple workers compensation and personal injury claims
  • Failure to provide safe place to work (Montana Safety and Scaffolding Act).

Eldredge v. Asarco, Inc. 2011 MT 80: Ruling that corporate defendant failed to provide full retirement benefits following early termination.

Harrington v. Crystal Bar, Inc., 2013 MT 209: Ruling establishing tavern’s duties to exercise due care for benefit of patrons where an assault occurred just outside the bar.

* Due to settlement confidentiality clauses, more detailed descriptions cannot be made.