Dean A Hoistad

1976, North Dakota
1976, Minnesota
1997, Montana
U.S. District Court, District of Montana
U.S. District Court, District of North Dakota
U.S. District Court, District of Minnesota
U.S. Court of Appeals, Eighth Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. Supreme Court

of the Litigation Counsel of America, a trial lawyer honorary society composed of less than one-half of one percent of the American lawyers, who are selected on the basis of effectiveness, accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation; and has been selected by his peers as a Super Lawyer for the state of Montana in 2007, 2008, 2009, and 2010 a designation awarded to only the top 5% of attorneys in each state who are considered seriously outstanding by other attorneys. He is certified as a Civil Trial Advocate by the National Board of Trial Advocacy and by the Minnesota State Bar Association. Dean has successfully tried approximately fifty jury trials and handled numerous appellate matters in his thirty five plus years of practice, representing clients in all types of civil litigation disputes.

Fellow: of the Litigation Counsel of America, a trial lawyer honorary society composed of less than one-half of one percent of the American lawyers, who are selected on the basis of effectiveness, accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation; and has been selected by his peers as a Super Lawyer for the state of Montana in 2007, 2008, 2009, and 2010 a designation awarded to only the top 5% of attorneys in each state who are considered seriously outstanding by other attorneys.

He is certified as a Civil Trial Advocate by the National Board of Trial Advocacy and by the Minnesota State Bar Association.

Dean has successfully tried approximately fifty jury trials and handled numerous appellate matters in his thirty five plus years of practice, representing clients in all types of civil litigation disputes.

Articles and Publications

Dean has written and presented many articles and publications including Structured Settlements, Evaluating and Settling Personal Injury Claims (PESI Legal Publishing, 1991); Insurance Coverage Law in Montana (NBI Publications, 2003 and 2004); What to Do When Construction Projects Go Bad (Lorman Services, 2006 and 2007); A Case Study for Handling Claims by Residents and Employees (Montana Health Care Association, 2007); Alternative Dispute Resolution of insurance liability and EPLI Claims (ALFA International 2010).

For many years Dean has authored and co-authored numerous legal summaries and updates about Montana law published by the ALFA International Legal Network as part of its copyright material on various legal subjects including Trucking and Transportation Law, Construction Law, Insurance Law, Products Liability Law, Employment Law, Professional Liability and other practice areas.

He has been a frequent speaker and presenter at legal and other professional conferences, discussing insurance law, product liability, professional liability, construction law and other topics.

Legal News/Recent Developments

Insurance Law

Fraudulent application for insurance. The issue of whether an insured answered questions falsely during the application process is a question for a jury. Testimony describing fraudulent statements by an insured during the application process were admissible as an exception to the rule against hearsay. Schindler v. United States Automobile Ass'n., (USAA) Inc., 2011 MT 129, 360 Mont. 528, 254 P.3d 583.

Attorney fees and litigation costs can be recovered from insurer when an insured is forced to incur legal fees during litigation because of refusal by the insurer to cover expenses. Gotham Ins. Co. v. Allegiance Ben. Plan Management, Inc., CV 11-39-M-DWM, slip op., D. Mont., August 9, 2011. (also found at WL 3475467).

Trucking Law

Placement of a "No Left Turn" sign after an accident can be excluded as evidence from trial when the sign placement was a subsequent remedial measure and not fitting within the impeachment exception. United Tool Rental and Paulsen v. Riverside Contracting, Inc., 2011 MT 213, 361 Mont. 493, 260 P.3d 156.

A Federal District Court ruled it is not foreseeable that a driver in training of an 18-wheeler knows the risk involved of releasing a winch tightened load binder from a certain position. Dunn v. Ancra International LLC, CV 10-58-M-DWM, slip op., D. Mont., September 16, 2011. (also found at WL 4478478).

Employment Law

Employee Release Without Cause. An employee that entered into a specified term contract with a "termination without cause" clause is not barred from bringing a claim under the Montana Wrongful Discharge from Employment Act. Brown v. Yellowstone Club Operations, LLC, 2011 MT 155, 361 Mont. 124, 255 P.3d 205.

ERISA. Work conducted under a "consulting agreement" where the employer still controls the details, methods, and means of an employee's work is the same as work under an ordinary employment agreement and should be counted as work time for retirement benefit purposes. Eldredge v. Asarco Inc., 2011 MT 80, 360 Mont. 112, 252 P.3d 182.

Product Liability Law

The issue of whether a bat manufacturer had a legal duty to warn users about the obvious danger of being injured from a baseball hit with an aluminum bat was a question for the jury to determine. Jury found the bat was defective for lack of sufficient warning. Patch v. Hillerich & Bradsby Co., 2011 MT 175, 361 Mont. 241, 257 P.3d 383.

A Federal District Court held that a warning on a tie down device indicates the injury that occurred was foreseeable to the manufacture. Dunn v. Ancra International LLC, CV 10-58-M-DWM, slip op., D. Mont., September 16, 2011. (also found at WL 4478478).

Professional Liability Law

Legal malpractice statute of limitations is governed by the so-called discovery rule and does not start to run until claimant is clearly on notice about attorney's error. The attorney's services involving interpretation of a contract and advice to the client were not sufficient to put the client on notice of the attorney's malpractice. Ehrman v. Kaufman, Vidal, Hileman & Ramlow, PC, 2010 MT 284, 358 Mont. 519, 246 P.3d 1048.

A Federal District Court ruled that was professionally improper and unjustified for a law enforcement officer to force use a Taser device when the arrestee had his arms raised, was facing the officer from 15 to 20 feet away, had not been informed he was under arrest, and was not attempting to flee, even if an offense, albeit a minor one, had actually been committed. Jackson v. Johnson, CV 10-98-M-DWM, slip op., D. Mont., July 18, 2011. (also found at WL 2783830).

Summary judgment against health care provider may be appropriate for willful and systematic abuse of discovery process that undermines the integrity of the proceeding, i.e. knowing concealment of important evidence based upon meritless objections amounting to bad faith and prejudicial misconduct. However, a hospital's destruction of narcotic records, despite being on notice of a pending claim, when its policy was to routinely destroy medical records after 3 years and for which it was not knowingly hiding the truth was insufficient grounds for awarding discovery sanctions, much less entering judgment against the hospital. Estate of Willson v. Addison, 2011 MT 179, 361 Mont. 269, 258 P.3d 410.

Reported Appellate Cases

· Brakke v. Beardsley, 279 N.W.2d 798 (Minn., Apr 20, 1979) (NO. 48995)

· Dosland v. State, 288 N.W.2d 691 (Minn., Dec 21, 1979) (NO. 47935, 49156)

· K/D Weatherbeaters, Inc. v. Gull Lake Industries, 698 F.2d 954 (8th Cir.(N.D.), Feb 07, 1983) (NO. 82-1681)

· Barry v. Baker Elec. Co-op, Inc., 354 N.W.2d 666 (N.D., Jul 27, 1984) (NO. CIV. 10658, CIV. 10659)

· D.C. Trautman Co. v. Fargo Excavating Co., Inc., 380 N.W.2d 644 (N.D., Jan 22, 1986) (NO. CIV. 10,993)

· Hastings v. United Pacific Ins. Co., 396 N.W.2d 682 (Minn.App., Nov, 1986) (NO. C6-86-1067)

· Lane v. Martinson, 1989 WL 5629 (Minn.App., Jan 31, 1989) (NO. C1-88-1157)

· Schaeffer v. State, 444 N.W.2d 876 (Minn.App., Sep 05, 1989) (NO. C9-90-1028)

· Tracy v. Tracy, 1990 WL 81411 (Minn.App., Jun 19, 1990) (NO. C9-90-113) (NO. C9-89-1028)

· Paulson v. State, 1991 WL 80684 (Minn.App., May 21,1991) (NO. C8-90-1785, CO-90-1893)

· Meyers v. City of New Town, 1991 WL 474667 (D.N.D., Aug 27, 1991) (NO. CIV. A4-90-138)

· Nereson v. Zurich Ins. Co., 1992 WL 212233 (D.N.D., Aug 20, 1992) (NO. CIV. A3-91-72)

· Everett v. St. Ansgar Hosp., 974 F.2d 77 (8th Cir.(N.D.), Sep 01, 1992) (NO. 91-3639)

· Burr v. Trinity Medical Center, 492 N.W.2d 904 (N.D., Dec 01, 1992) (NO. CIV. 920155)

· Sabot v. Fargo Women's Health Organization, Inc., 500 N.W.2d 889 (N.D., May 28, 1993) (NO. CIV. 920205)

· Cooper v. Lakewood Engineering and Mfg. Co., 874 F.Supp. (D.Minn., Mar 18, 1994) (NO. CIV. 3-92-363)

· Strom v. Christianson, et al, (unpublished) (Mar 18, 1997).

· U.S. v. W.R. Grace & Co., 134 F. Supp. 2d. 1182 D.Mont., 2001

· U.S. v. W.R. Grace & Co., 280 F.Supp. 2d 1149 D. Mont., 2003

Memberships

Dean is admitted to practice in Montana, Minnesota, and North Dakota. He is also admitted to practice before the United States District Court for the Districts of Montana, North Dakota and Minnesota; the U.S. Court of Appeals for the Eighth and Ninth Circuits; and the U.S. Supreme Court.

Dean is a member of various professional organizations including the Montana, Minnesota, and North Dakota state bar associations, the Montana Defense Trial Lawyers Association, the International Association of Defense Counsel, TIDA - the Trucking Industry Defense Association, Montana Bar Association Construction Law section, the Defense Research Institute, the American Bar Association and various committees within these organizations including Tort, Trial & Insurance Practice and Health Law.

In the Community

Dean is active in several community associations including the Rotary International (a Paul Harris Fellow), the Travelers Rest Chapter of the Corps of Discovery Expedition, the Rocky Mountain Elk Foundation, Westslope Trout Unlimited, Missoula Back Country Horseman, and the Western Montana Fish and Game Association. Dean also enjoys skiing, floating and golfing with hackers. Dean also supports several local and national service organizations including Hospice, the Poverello Center for homeless, the Salvation Army, United Way, Boy Scouts of Montana, and Refugees International.

Dean and his wife Meredith, a high school English teacher, enjoy watching sports, attending plays, lectures, and concerts, visiting galleries, traveling, reading, cooking, watching wildlife, and especially spending time with family and friends. They have a son Michael who enjoys many of the same activities with them.