Stephen D. Bell

Partner

Denver, Missoula

P: (303) 629-3405

F: (303) 629-3450

Partner in the Trial group. Practices in the areas of construction litigation, banking and trust litigation, employment litigation, securities litigation, commercial litigation, franchise litigation, and intellectual property and trade secret litigation.

Representative Litigation

Successfully defended lender liability suit against Brookings South Dakota Bank in Federal District Court for South Dakota in May, 2000. Regularly represents clients in state and federal courts in South Dakota.
Chemical Separation Technology v. Environmental Chemical Corporation, successful defense against a claim of misappropriation of trade secrets brought by CST. The case involved the clean-up of the Summitville Mine Superfund site. ECC defended by arguing that it acted at the direction of the United State EPA and that CST had no real trade secret. CST sought damages of $178,000,000. Jury found for defendant on all counts.
Burcham, et al. v. Rocky Mountain Oil. Successful settlement of underground petroleum storage tank leak under “Sunburst” damage theories.
Jim's Excavating Service v. HKM, Construction litigation case involving claims by a contractor on a municipal water transmission line against the architect/ engineer. Case of first impression in Montana as to whether or not architect/engineer has liability to contractor despite no privity jury award of $381,000.00 -- judgment affirmed by the Montana Supreme Court.
Central Bank, National Association v. Castle Pines North Metropolitan District of Douglas County, Colorado, et al Trustee, Central Bank, sought mandamus action to enforce the terms of $43,000,000 of finance bonds. A municipal subdivision, Castle Pines North, defended the matter with 21 affirmative defense and "counter-claims." The lower court ruled in favor of the Trustee directing mandamus to the Board to raise taxes to a sufficient level to repay the bonds. The case was settled favorably on appeal.
Bink v. First Bank West Great Falls, successful defense of First Bank West Great Falls and its parent First Bank System, Inc., against claims of wrongful dismissal from employment.
Rostad and Rostad Corporation v. Investment Management and Research. Arbitration on behalf of claimant Rostad and Rostad resulting in an award of full compensatory damages, costs and attorneys' fees and punitive damages in excess of $200,000. Award enforced in district court and upheld on appeal to the Ninth Circuit Court of Appeals.
Current representation of Erickson Petroleum Company who has been sued by homeowners after a gasoline truck overturned and spilled 6,000 gallons of gasoline. The EPA has directed the clean-up.
In excess of forty trials in state and federal court.
Representation of numerous clients before courts in fourteen different jurisdictions.
Numerous successful summary judgment motions in Federal District Court, District of Colorado.
In excess of 20 arbitrations on behalf of Broker/Dealers before the NASD, FINRA, NYSE, and the American Arbitration Association

Presentations

Speaker at the State Bar of South Dakota CLE, Unemployment Law - Americans with Disabilities Act, 1993
Speaker at Employment Law Seminar in Billings, Montana, Sexual Harassment in the Workplace, January, 1992
Speaker at Colorado Human Resources and Employee Benefits Update, July, 1995
Speaker at National Business Institute Seminar, Employee Handbooks in Colorado, 1998

Attorney Articles

April 26, 2005	Lender Liability in the 21st Century - Understanding Your Risks
1992	Author, "Do's and Don'ts of Arbitration," Montana Defense Lawyers Association, summer publication