Appellate Cases, Representative Matters and Decisions

Representative Matters

Cases tried since 2005 include those listed below.  (I have tried other cases since 2005 involving lender liability, breach of contract, nuisance, and various other tort claims.)

  • 2005 Flying J. Inc. et al. Oil field accident - wrongful death claim against client. Tried to a jury in Montana Federal Court. Defense verdict.
  • 2006 C & N Development. Breach of contract -fraud and related claims asserted by client. Tried to a Polk County Iowa jury. Verdict for client $305K.
  • 2006 Estate of Louise Nelson. Undue influence claim prosecuted for client. Tried to Guthrie County Iowa District Court October 2006. Verdict in client’s favor. All disputed transactions set aside by the Court.
  • 2008 EFCO Corp. individually and on behalf of others similarly situated Class Action initiated on behalf of client seeking recovery as a result of a demutualization. Tried to a jury in Polk County Iowa District Court. Verdict for client Class on 4/9/08 - $4.2M.
  • 2008 Hadachek - James as Personal Rep. of the Estate of MJA. Undue influence claim prosecuted for client. Tried to a jury in Montana Federal Court. Jury verdict for the client on 5/2/08 $3.9M in compensatory damages and $50k in punitive damages.
  • 2009 EFCO Corp - Charles Watrous et al. Injured employee claimed gross negligence by client supervisors. Tried to a jury in Polk County Iowa District Court. Verdict for the defense.
  • 2011 Robert F. Baur. Plaintiff alleged fraud by client and claimed oppression as a minority shareholder in a closely held farm corporation controlled by client. Case tried to the Madison County District Court in March 2011. Decision in client’s favor. Case reversed by Iowa Supreme Court and was sent back for retrial.
  • 2011 First Interstate Bank Client sued with plaintiff making various lender liability claims. Case tried to a jury in Yellowstone County Montana District Court in February 2011. Defense verdict.
  • 2011 First Interstate Bank. Claim of conversion against client as a result of its decision to offset $2.6M in depositor’s account to apply to an outstanding debt he guaranteed. Tried to a jury in Yellowstone County Montana. Jury returned a verdict in April 2011 finding wrongful offset but awarded depositor only the $2.6M offset and denying plaintiff punitive damages. Client ultimately obtained summary judgment against the depositor for the amount of the unpaid debt.
  • 2011 Yellowstone Bank. Lender liability claim against client. Tried to a jury in Gallatin County Montana District Court in June 2011. Defense verdict.
  • 2011 Stuart A. Davis. Product liability claim prosecuted for client against manufacturer of a pain pump. Tried to a jury in U.S. District Court for Montana in August 2011. Jury returned verdict on 8/16/11 finding the product defective but finding that state of the art was a defense. Case subsequently settled for six figures.
  • 2012 CREAM LLC. Plaintiff claimed breach of contract and fiduciary duty resulting from a limited liability company transaction. Trial to a jury in Polk County Iowa District Court in January 2012. Directed verdict in client’s favor.
  • 2013 West Bank. Client sued by depositor alleging various claims arising from the payment of checks drawn on his account. Tried to a jury in Polk County Iowa District Court. Directed verdict entered in client’s favor at the close of plaintiff’s case.
  • 2014 Robert F. Baur. Retrial of plaintiff’s oppression claim resurrected by the Iowa Supreme Court. Case tried to the Madison County Iowa District Court in March 2014. Client prevailed in trial court again. Case affirmed on appeal by the Iowa Court of Appeals on 7/27/16.
  • 2016 John Holt/Holt Oil Properties Inc. Plaintiff sued alleging client was liable to him for more than $27 million as a result of a joint venture lease play in the Bakken. Tried to a jury in U.S. District Court sitting in Fargo ND in April 2016. Defense verdict.
  • 2017 William Van Horn et al v. R.H. Van Horn Farms Inc. et al. Plaintiff sued alleging oppression and seeking dissolution of closely held farm corporation. Tried to the court. Defense verdict. Affirmed on appeal.

Appellate Cases

Baur v. Baur Farms, Inc., Iowa Court of Appeals, July 27, 2016, No. 14-1412 (unpublished disposition)

Baur v. Baur Farms, Inc., Iowa Supreme Court, 832 N.W.2d 663 (Iowa 2013)

Feller v. First Interstate Bancsystem, Inc., 369 Mont. 444 (Mont. 2013)

Flagstone Development, LLC v. Joyner, 545 F.3d Appx. 602 (Mont. 2013)

Three Minnows, LLC v. Cream, LLC, 832 N.W.2d 385 (Iowa 2013)

In re Estate of Nelson, Iowa Court of Appeals, 814 N.W.2d 623 (2012)

In re Estate of Nelson, Iowa Court of Appeals, 780 N.W.2d 248 (2010)

Baur v. Baur Farms, Inc., Iowa Court of Appeals, 780 N.W.2d 249 (2010)

Silver Hill Financial Bayview Loan Servicing, LLC v. Mosser, 354 Mont. 393 (Mont. 2009)

In re Estate of Anderson-Feeley, 340 Mont. 352 (Mont. 2007)

Caylor-Campbell Farm Trust ex rel. Campbell v. Howe, 720 N.W.2d 195 (Iowa 2006)

Lincoln National Life Insurance Co v. Payne., 374 F.3d 672 (8th Cir. 2004)

Harvey v. Care Initiatives, Inc., 634 N.W.2d 681 (Iowa 2001)

EFCO Corp. v. Alumna Sys. USA, 268 F.3d 601 (8th Cir. 2001)

EFCO Corp. v. Norman Highway Constructors, Inc., 606 N.W.2d 297 (Iowa 2000)

EFCO Corp. v. Symons Corp., 219 F.3d 734 (8th Cir. 2000)

Robbins v. Heritage Acres, 587 N.W.2d 262 (Iowa 1998)

Matter of the Estate of Todd, 585 N.W.2d 273 (Iowa 1998)

Nelson v. Agro Globe Engineering, Inc., 578 N.W.2d 659 (Iowa 1998)

Cox v. Dubuque Bank & Trust Co., 163 F.3d 492 (8th Cir. 1998)

Kempeke v. Monsanto Co, 132 F.3d 442 (8th Cir 1998)

State ex rel. Miller v. Grodzinsky, 571 N.W.2d 1 (Iowa 1997)

Waddell v. Forney, 108 F.3d 889 (8th Cir. 1997)

Transform, Ltd. v. Assessor of Polk County, Iowa, 543 N.W.2d 614 (Iowa 1996)

Wilson v. Darr, 553 N.W.2d 579 (Iowa 1996)

United States of America v. Articles of Drug for Veterinary Use, 50 F.3d 497 (8th Cir. 1995)

Haupt v. Miller, 514 N.W.2d 905 (Iowa 1994)

Engstrand v. West Des Moines State Bank, 516 N.W.2d 797 (Iowa 1994)

In re Marriage of Hankenson, 503 N.W.2d 431 (Iowa 1993)

Citizens State Bank of Des Moines v. Hansen, 449 N.W.2d 388 (Iowa 1989)

Federal Deposit Ins. Corp. v. First Interstate Bank of Des Moines, N.A., 885 F.2d 423, 58 U.S.

L.W. 2260, 28 Fed.R.Evid.Serv. 1188 (8th Cir. 1989)

Kaiser Agr. Chemicals, a Div. of Kaiser Aluminum & Chemical Corp. v. Ottumwa Production Credit

Ass’n., 428 N.W.2d 681 (Iowa 1988)

Sioux County State Bank v. Veenstra, 372 N.W.2d 309 (Iowa 1985)

First Nat. Bank of Creston v. Creston Implement Co., 340 N.W.2d 777 (Iowa 1983)

Bankers Trust Co. v. Woltz, 326 N.W.2d 274 (Iowa 1982)

Xerox Corp. v. Board of Review of City of Cedar Rapids, 298 N.W.2d 416 (Iowa 1980)

Chicago and North Western Transp. Co. v. Hurst Excavating, Inc, 498 F.Supp 1 (D.C. Iowa 1978)

Lovesome Dove v. Holt, , May 7, 2018, No 16-3467 (8th Cir 2018)

William Van Horn & June Linder v R.H. Van Horn Farms Inc. et al., Iowa Court of Appeals, No 17-0324, June 20, 2018