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Ron was born in Butte,
MT and graduated in 1968 cum laude from Carroll
College, Helena, Montana with a Bachelor of Arts
degree in Business Administration and a minor degree
in History and Economics. Ron graduated in 1971 with
honors (ranked third in graduating class) from the
University of Montana School of Law with a Juris
Doctor. He was Awarded American Jurisprudence Awards
for excellent achievement in Evidence, Civil
Procedure I, and Agency & Partnership and was
Associate Editor Law Review 1969-1971.
Upon graduation Ron served as a Law Clerk from May
1971 through March 1973 for the Honorable Russell E.
Smith, Chief United States District Judge for the
District of Montana. He was involved in over 30 jury
trials and 60 Ninth Circuit Appeals with Judge Smith
as a law clerk. Most notable: Alioto v. Cowles
Communications, libel suit by former mayor of
San Francisco against Look Magazine; Western
Liquid Hot Asphalt Cases, antitrust suit brought
by 9 Western States against major oil companies for
sale of asphalt in highway paving.
Ron has been with the firm since March of 1973 and a
Principal since January 1979. Ron is an AV rated
attorney with extensive legal experience in the
litigation and business arena. Listed in
Best Lawyers in America (Banking
Law, Commercial Litigation, Insurance Law, Labor and
Employment Law, Product Liability Litigation and
Real Estate Law). Ron's litigation area
is primarily defense of
personal
injury,
products
liability,
commercial torts,
insurance disputes,
wrongful discharge, and
discrimination as well as
construction disputes,
labor relations, oil and gas,
banking
law,
arbitration,
bankruptcy and
creditor rights,
business
planning,
hospital
and healthcare law,
medical
and professional malpractice,
partnership and related tax issues, and
water
law. Ron has extensive business transaction experience in
business acquisition, formation, merger, shareholder
agreements,
real
estate transactions, and
estate
planning. Ron has tried in excess of 40 major trials
and handled over 40 appeals. Representative clients:
First Security Bank, First Interstate Bank, Missoula
Federal Credit Union, Employers Association (labor
relations), R.H. Grover, Inc. (construction), 4G
Plumbing & Heating (construction), St. Patrick
Hospital, Sage Companies (nursing homes), General
Motors, Toyota Motor Corporation, Honda, Subaru,
Makita, Sammons Trucking, and Glendive Medical
Center.
Ron is admitted to practice before State of Montana
(1971), Montana Federal District Court (1971) and
the Ninth Circuit Court of Appeals (1974), Tribal
Court (Confederated Kootenai & Salish 1998) as well
as appeared before special agencies, NLRB, EEOC,
OSHA, Montana Human Rights Commission, DOL & OFCC.
Noteworthy cases:
Polar Bear Productions, Inc. v. Timex Corp., 384
F.3d 700 (9th Cir. 2004), amended October 25, 2004
WL 2376507, reversal and set aside of substantial
jury verdict for indirect profits and reduction of
loss of profits involving copyright, trademark,
breach of contract, unjust enrichment, bad and
unfair competition relative to a kayaking video.
Tripp v. Jeld-Wen, Inc., 327 Mont. 146, 112 P.3d
1018, 2002 MT 121 (2005), defense verdict in product
liability claim of COMPLY flooring material.
Travelers Casualty & Surety Co. v. Ribi Immunochem
Research, Inc., 326 Mont. 174, 108 P.3d 469,
2005 MT50 (2005), prosecution of declaratory action
that pollution exclusion bars coverage for
intentional dumping of hazardous waste into
landfill; no duty to defend; and recovery of defense
costs allowed.
Yarbro, Ltd. v. Missoula Federal Credit Union,
310 Mont. 346, 48 UCC Rep.Serv.2d 1077, 50 P.3d 158,
2002 MT 152 (2002) (defense of transfer warranty and
conversion of negotiable instruments).
Cyphers v. Fuji Heavy Industries Co., LTD.,
CV-97-186-M (United States District Court, D. Mont.
July 1999), rulings on motions in limine as to
litigation in unrelated cases, anti-Japanese
references, scope expert testimony of treating
neurosurgeon, expert testimony as to hedonic damages
in single car accident seat belt wearer suffering
paraplegic injuries.
Sharp v. Altec Industries, Inc., CV-95-6-M
(United States District Court, D. Mont. October
1997), rulings on issues as to negligent conduct,
alternative causation, and misuse in strict
liability and breach of warranty case involving
electrocution in aerial lift.
Magueritte L. Miller v. Boone, Karlberg & Haddon, et
al., CV-94-99-M-CCL (United States District
Court, D. Mont. 1996), involving claims of
negligence, negligent misrepresentation, breach of
contract, bad faith, breach of fiduciary duty,
intentional and negligent infliction of emotional
distress, breach of trust, conspiracy, and
accounting in connection with 880 acre ranch in
trust with disputes between trustee, trustor,
beneficiaries and attorneys involving main action
with separate supervisory proceedings, four separate
foreclosure proceedings, probate estate proceedings
and two separate bankruptcy proceedings.
Freeport-McMoran v. KN Energy, et al.,
CV-91-11-BLG and CV-91-40-BLG (United States
District Court, D. Mont., 1992), involving numerous
contract and tort claims (bad faith, force majeure,
repudiation, commercial impracticability, pricing,
BTU adjustment, connection criteria, take-or pay)
arising out of a natural gas contract involving in
excess of 900 wells.
Dobbins, Deguire & Tucker, P.C. v. Rutherford,
MacDonald & Olson, ____ Mont. ____, 708 P.2d 577
(1985), Annotated Case 52 ALR 4th 131, involving
enforcement of covenants to reimburse former
employer for lost business.
Publications:
"Survey on Good
Faith and Fair Dealing in Real Estate Transactions,"
International Council of Shopping Centers, Inc.,
1999
"Montana Employment Discrimination Issues in the
90s," National Business Institute, Inc., 1993.
"Employee Handbooks," National Business
Institute, Inc., 1991.
"Foreclosure of Mechanics Liens," State Bar
Legal Education Institute, 1984.
"Repossession and Sale of Personal Property,"
Lorman Business Center, Inc., 1989.
"Liability of the Manufacturer to the Ultimate
Consumer," Montana Law Review, 1969.
"Title VII: Seven Years After," Montana Law
Review, 1971.
"Right to Kill Wild Animals in Defense of Person
or Property," Montana Law Review, 1970.
Legal affiliations:
Member American
Board of Trial Advocates (Associate) (1991)
Montana Bar Association (1971)
American Bar Association (1971)
American Trial Lawyers Association (1982)
Defense Research Institute (1986)
Montana Defense Trial Lawyers (1980)
Montana Institute of Continuing Legal Education
(1987-1999)
ABA Section of Labor and Employment Law (1988)
Lecturer University of Montana Business School
teaching Business Law 1976
Chairman Business Law Continuing Legal Education
(1987-1999)
Who's Who in American Law (1994)
Society for Human Resource Management (2003)
Other Affiliations
and Awards:
Member Chamber
Rangers (1977--)
Director Five Valleys Land Trust (1980-96)
Director Missoula Area Chamber of Commerce
(1990-93)
Director Missoula Rotary Club (1990-93)
Who's Who In American Law (1994)
George Award, Missoula Area Chamber of Commerce
(1997)
Distinguished Service Award, State Bar of
Montana (1999)
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