David M. Wagner Partner
David Wagner is a Partner in the firm's Bozeman office. David's practice is focused primarily on civil litigation and trial work with a concentration on representing both plaintiffs and defendants in complex commercial, business, real estate, and banking cases. He has been lead trial counsel on a number of commercial and banking cases tried in Montana.
David graduated with honors from the University of Montana School of Law in 1995. He worked in the firm's Billings, Montana, office from 1995-2001. At that time, he concentrated his practice on medical malpractice defense. In 2001, David joined the firm's Bozeman, Montana, office. Since moving to Bozeman, he has represented banks, businesses, and individuals in civil litigation involving real estate/real estate development, easements, contracts, lien and mortgage foreclosures, and corporate/shareholder disputes. He successfully has tried a number of these disputes in Montana courts.
Representative Trial Experience:
• Delaney & Company v. City of Bozeman, Montana Eighteenth Judicial District Court (2008): $3,000,000 jury verdict against the City of Bozeman for claims of constructive fraud, negligent misrepresentation, and tortious interference. The verdict was affirmed on appeal.
• Boyne USA, Inc. v. Spanish Peaks Development, LLC & Lone Mountain Holdings, LLC, Montana Fifth Judicial District Court (2010): $600,000 jury verdict and additional award of punitive damages for breach of contract, deceit, abuse of process and other claims. The verdict was affirmed on appeal.
• American Bank v. Blue Sky Development, LLC et al., Montana Eighteenth Judicial District Court (2010): Five day trial to determine priority of mortgage approximating $10,000,000 over engineer's construction lien which exceeded $1,000,000.
• Stockman Bank of Montana v. Lien Corporation, Montana Eighteenth Judicial District Court (2009): Trial concerning access to Bank owned commercial property in Bozeman, Montana, and award of $42,000 to Bank for intentional interference with Bank's access rights.
Representative Appellate Experience:
Boyne USA, Inc. v. Spanish Peaks Development, LLC & Lone Mountain Holdings, LLC, 2013 MT 1, 368 Mont. 143, 292 P.3d 432; Yellowstone River, LLC v. Meriwether Land Fund I, LLC, 2011 MT 263, 362 Mont. 273, 264 P.3d 1065; Gaston Engineering & Surveying, P.C. v. Oakwood Properties, LLC, 2011 MT 44, 359 Mont. 341, 249 P.3d 75; Mosser v. Crowley Fleck PLLP, 2010 MT 165N, 357 Mont. 561, 242 P.3d 1285 (Table); Boyne USA, Inc. v. Lone Moose Meadows, LLC, 2010 MT 133, 356 Mont. 408, 235 P.3d 1269; Delaney & Company v. City of Bozeman, 2009 MT 441, 354 Mont. 181, 222 P.3d 618; State v. Allendale Mut. Ins. Co., 2007 MT 83, 337 Mont. 49, 154 P.3d 1233; Burleson v. Kinsey-Cartwright, 2000 MT 278, 302 Mont. 141, 13 P.3d 384; Kinsey-Cartwright v. Brower, 2000 MT 198, 300 Mont. 450, 5 P.3d 1026; Arcadia Financial, Ltd. v. Prestige Toyota, 1999 MT 273, 296 Mont. 494, 989 P.2d 831; Grenz v. Fire & Cas. of Connecticut, 278 Mont. 268, 924 P.2d 264 (1996).
- Montana, 1995
U.S. District Court, District of Montana, 1996
- U.S. Court of Appeals, Ninth Circuit, 2001
- 1995 - J.D. with honors, University of Montana, J.D.
- 1989 - B.S., Colorado College
Awards and Honors
- Best Lawyers in America for Commercial Litigation and Litigation - Real Estate (2013-present)
Mountain States Super Lawyers (2014-2015)
AV Preeminent Rating by Martindale-Hubbell
Order of Barristers Award
Edward A. Cremer, III Environmental Law Award
Member, Montana Law Review
Member, National Moot Court Team
- Clyde Augustus Duniway Award for Outstanding Student Achievement (Colorado College)
Community and Professional Involvement
- Big Brothers Big Sisters Board of Directors, Yellowstone County, Montana
- Gallatin County Bar Treasurer, Gallatin County, Montana
- 1995-Present, Crowley Fleck PLLP
2010-2012, Chairperson of Litigation Department, Crowley Fleck PLLP
- 1989-1992, Colorado Rocky Mountain School, High School Teacher
- American Bar Association
State Bar of Montana
Gallatin County, Montana Bar Association
Defense Research Institute (DRI)
- Montana Trial Lawyers Association