BKBH’s General Litigation Practice Group Attorneys:

• Dan Hoven (Helena), Chair BKBH GeneralLitigation Practice Group
  • Oliver Goe (Helena)
  • Leo Ward (Helena)
  • Cathy Laughner (Bozeman)
  • Mark Etchart (Helena)
  • Dave McLean (Missoula)
  • Andy Adamek (Helena)
  • Sara Berg (Helena)
  • John Tietz (Helena)
  • Troy Bentson (Bozeman)
  • Carlo Canty (Helena)
  • Chad Adams (Helena)
  • Daniel Auerbach (Missoula)
  • Erica Grinde (Missoula)
  • Christy McCann (Missoula)
  • Brooke Kuhl (Missoula)
  • Evan Thompson (Helena)
  • Kyle W. Nelson (Bozeman)
  • Ryan C. Willmore (Missoula)

General Litigation

For the past thirty years, most of BKBH’s legal work has been litigation. All BKBH attorneys are involved in defending various law suits brought against our clients, most of whom are either corporations doing business in Montana or professionals, like physicians, who work in Montana. This fact explains why we refer to ourselves as Montana’s Business Law Firm™.

Of the eleven separate practice groups at BKBH, all but two — Public Affairs and Estate Planning — devote most of their time and the energy of their attorneys to litigation matters. For example, commercial cases are often handled by attorneys from BKBH’s Commercial Group. Similarly, environmental disputes are handled by the attorneys in the BKBH’s Environmental Group, and so on. Additionally, BKBH maintains a separate General Litigation Group to handle all kinds of litigation matters.

The firm’s General Litigation Practice Group consists of seventeen attorneys and three paralegals. While many BKBH attorneys who practice with the firm’s other practice groups also have substantial litigation experience, those attorneys often call upon BKBH’s General Litigation Practice Group to assist with their cases. Many of our law firm’s clients have multiple and complex problems, and we believe it is wise to employ a multi-disciplinary approach, calling upon attorneys from various practice groups to use their specialized skill sets to help resolve issues.

Our attorneys have a broad-based, statewide litigation practice. We have appeared in most, if not all, venues in Montana. We have represented numerous insurers and self-insureds (including numerous Montana cities and towns) in negligence and/or civil rights cases. We are experienced in preparing comprehensive litigation management plans and accurately budgeting for the various phases of litigation. We work in a cooperative, trust relationship with our clients to ensure mutual participation in the strategic defense of each case.

Our General Litigation Group has demonstrated a capacity to handle complex lawsuits with multiple parties and tens of thousands of documents. Our attorneys and paralegals are experienced in document control management and have prepared hundreds of witnesses utilizing videotape and interactive deposition-preparation techniques. We use computerized legal research so our motions and briefs include the latest in legal developments. We are experienced in utilizing focus groups (similar to mock juries) to assess potential liability and damages. To the extent possible we attempt to utilize computer graphics, video presentations and projectors to enhance demonstrative exhibits during trial. We work in cooperation with our clients to determine the appropriateness of alternative dispute resolution mechanisms, including arbitration, mediation and settlement negotiation.

Sub-Practice Areas:

• Civil Litigation
• FELA (Federal Employees Liability Act) Litigation
• Medical Malpractice Insurance Defense Litigation
• Products Liability Insurance Defense Litigation

Civil Litigation
• BKBH represents the interests of many insurance companies, self insured entities and a private prison.
• BKBH currently represents a major national prison company in twenty active cases involving primarily civil rights claims filed by prisoners.

FELA (Federal Employees Liability Act) Litigation
• BKBH has served as trial counsel for a major railroad company in more than forty FELA cases involving workers alleging both acute injuries and various cumulative trauma injuries. All plaintiffs alleged hearing loss as a result of exposure to noise during their work histories with the defendant. However, after significant discovery and favorable rulings for the defendant, the plaintiffs settled these cases. Representation of Union Pacific Railroad Company.

Medical Malpractice Insurance Defense Litigation
• Medical Malpractice Defense. BKBH currently represents various insurers and physicians in approximately thirty active medical malpractice cases. BKBH attorneys have successfully defended hundreds of medical mal-practice cases without ever losing one of these cases in trial.
• BKBH served as Montana’s breast implant counsel for a national insurance company and was responsible for the coordination and management of the defense of multiple claims brought against plastic surgeons in Montana. To date, all of those claims against physician defendants have either been found to be lacking in merit as a result of proceedings before the Medical Legal Panel or otherwise voluntarily dismissed.

Products Liability Insurance Defense Litigation
• BKBH is lead counsel in preparing defenses for multiple lawsuits brought against a primary aluminum smelting company. The cases, filed by current and former employees of the smelter, allege exposure to harmful levels of asbestos fibers while working at the plant. Asbestos-containing products were used in the original construction of the plant, and the company has engaged in abatement of the asbestos since it took over ownership of the plant in 1985. The company is vigorously defending any claims to asbestos related disease caused by employment after the company’s ownership of the plant.
• BKBH served as Montana defense counsel for dozens of asbestos cases, where plaintiffs contended that through their years of service they were exposed to various materials causing asbestos caused lung disease. After significant discovery and favorable rulings for the defendant, the plaintiffs settled these cases.
• BKBH served as Montana counsel for a major railroad company in a toxic tort case brought under the Federal Employers Liability Act. The company’s former employees alleged that they were exposed to a variety of toxic chemicals, causing multiple injuries. Summary judgment was obtained in six test cases, ruling that the plaintiffs had failed to demonstrate that their alleged symptoms were caused by a specific exposure to a specific chemical, and that judgment was upheld by the U.S. Court of Appeals.