CLE Seminars
MTLA Fall 2023 Seminar
Damages: Pulling Back The Curtain - How Insurance Companies Value Claims
November 3, 2023
Bozeman Hilton Garden & Virtual
Seminar Chair: Conner Bottomly, Bozeman
Register Now | PDF Form | Speaker Bios | Schedule
Bozeman & Live Streaming register online.
SCHEDULE
6.5 CLE Credits – including 1 ethics credit
7:30
Registration & Continental Breakfast
8:25
Introduction - Conner Bottomly, Bozeman
8:30 - 9:30
Everything But The Kitchen Sink: A Case Study of Defense Tactics In A Phillips County MVA
Caitlin Boland Aarab, Great Falls
Samir Aarab, Great Falls
9:30 - 10:30
The Kitchen Sink: The Nitty-Gritty Of Maximizing Damages
Abby Jane Moscatel, Lakeside
10:30 - 10:45
BREAK
10:45 - 12:15
Forging Fundamental Rights To A Sustainable Future For Montana Youth:
The Constitutional Climate Lawsuit Against The State
Barbara Chillcott, Helena
Melissa Hornbein, Helena
Roger Sullivan, Kalispell
Moderator: Dustin Leftridge, Kalispell
12:15 - 1:30
LUNCH (on your own)
1:30 - 2:30
View From The Bench
Hon. Andrew Breuner, 18th Judicial District
Hon. John Brown, 18th Judicial District
Hon. Rienne McElyea, 18th Judicial District
Hon. Peter Ohman, 18th Judicial District
2:30 - 3:30
How The Insurance Companies Evaluate Claims
Jesse Medearis, Bozeman
3:30 - 3:45
BREAK
3:45 - 4:45
The Risks and Rewards of AI in the Practice of Law (ethics)
Pamela Bucy, Helena
John Mudd, Helena
4:45
SEMINAR ADJOURNS
SEMINAR SPONSORS
Caitlin Boland Aarab graduated from the University of Montana School of Law in 2015. She clerked for Justice Pat Cotter and Chief Judge Sid Thomas before founding Boland Aarab PLLP in Great Falls with her husband in 2017. The firm handles a wide variety of personal injury cases on behalf of plaintiffs across north central Montana, and has achieved many successes in the courtroom.
Samir Faerevik Aarab graduated from the University of Montana School of Law in 2015. He clerked for Chief Justice Mike McGrath and District Judge Greg Todd before founding Boland Aarab PLLP in Great Falls with his wife in 2017. The firm handles a wide variety of personal injury cases on behalf of plaintiffs across north central Montana, and has achieved many successes in the courtroom.
Hon. Andy Breuner was appointed by Governor Gianforte in December 2021 and won election (to retain) in November 2022. He is a graduate of the Santa Clara University School of Law where he served as comments editor for the Law Review. He was admitted to the California Bar in 1993 and the Montana Bar in 2003. His primary area of practice was criminal defense. Prior to taking the district court bench, Judge Breuner served as the city judge for Belgrade. Judge Breuner and his wife, Susan Beth, have been married for 26 years, have a son, and live in Gallatin Gateway.
Hon. John C. Brown was sworn in as District Court Judge for Department No. 3 of the Montana Eighteenth Judicial District, Gallatin County, on January 3, 2006 after being appointed by Governor Brian Schweitzer on October 17, 2005. Judge Brown was subsequently retained by the voters of Gallatin County in November 2006, 2012 and 2018. Before his appointment to the bench, Judge Brown was a partner in the Bozeman law firm of Cok Wheat Brown & McGarry and engaged in the private practice of law for 19 years with an emphasis in commercial and real estate litigation. Judge Brown is a long-time supporter of Big Brothers/Big Sisters of Gallatin County (BBBS). He and his wife Kathy have served as a volunteer “big couple” for 20 years. Prior to that, Judge Brown served on the BBBS Board of Directors for six years.
Pam Bucy was appointed by the Montana Supreme Court to serve as the Chief Discipline Counsel for the Office of Discipline Counsel in November of 2019. Ms. Bucy joins the office after a few years with Taylor Luther Group, a boutique law/government relations firm where she specialized in business, employment, and administrative law as well as election and campaign finance law and strategic communications. Pam has served as a Deputy County Attorney for Lewis and Clark County, as Executive Assistant Attorney General for Attorney General Mike McGrath and as a Commissioner of the Department of Labor & Industry. Bucy earned her law degree from the University of Montana.
Barbara Chillcott the Western Environmental Law Center in 2021 after 15 years working on water law and policy in Montana. Originally from South Carolina, Barbara earned a B.A. in economics from the University of North Carolina-Chapel Hill and her law degree from the University of Montana School of Law. She previously worked to restore instream flows across Montana as a project manager and executive director of a statewide water trust. From 2010 through 2016, as the legal director for the Clark Fork Coalition, Barbara developed and advanced strategies for protecting and restoring the Clark Fork river watershed. She joined WELC after working as an attorney for the Montana Department of Natural Resources & Conservation for five years on water rights law and policy.
Melissa Hornbein joined the Western Environmental Law Center in January 2020 after working in state and federal government. She holds a B.S. in botany and a B.A. in anthropology from the University of Washington, and obtained her J.D. in 2008 from Hastings College of the Law. The next year, she earned a M.S. in environmental studies from the University of Montana. Before practicing as an attorney, Melissa worked in the field as a botanist/biological technician for various academic and governmental entities, including the National Park Service and U.S. Geological Survey. She worked as an attorney with the Montana Department of Natural Resources and Conservation on tribal and federal water rights issues, and as an Assistant U.S. Attorney in Montana with the Department of Justice.
The Honorable Rienne H. McElyea earned her J.D. from the University of Colorado, School of Law in 1989. She practiced personal injury law with her father, Richard E. Hartman, in Englewood, Colorado. She moved to Bozeman, Montana in 1991 and began a general civil practice with The Berg Law Firm. Governor Steve Bullock appointed Judge McElyea to the Eighteenth Judicial District Court, Department 2, to complete the term of the Honorable Mike Salvagni. The Honorable Russ McElyea presided over the swearing in ceremony of Judge McElyea on January 3, 2017.Judge McElyea was re-elected to another six-year term in 2018.
Jesse Medearis grew up on a ranch near the small eastern Montana town of Ismay, Montana. After graduating from Baker High School, Jesse attended the University of Montana – Western in Dillon, where he received degrees in business administration and global politics. In 2018, Jesse received his J.D. from the University of Montana School of Law. During law school, he was an editor of the Montana Law Review, an intern for the United States Attorney’s Office, and a law clerk for an insurance defense law firm. Since then, Jesse has spent his years representing various individuals and companies in numerous personal injury, construction, business, and insurance lawsuits where he has tried multiple cases to verdict.
Abby J. Moscatel practiced insurance defense from 2011 to 2021. While in Los Angeles, she was trial counsel for State Farm's Special Investigation Unit and defended doctors and hospitals in medical malpractice actions. Today, Abby serves individuals in California and Montana who have suffered due to others' negligence. She actively contributes to the legal community as a Montana Trial Lawyers Association member and an allied attorney with the Alliance Defending Freedom and the Foundation Against Intolerance and Racism. In 2023, she served as Chief Legal Counsel to the Speaker for the Montana House of Representatives and holds an esteemed AV Preeminent rating with Martindale-Hubbell. She co-authored the career guidebook "Tomorrow’s Jobs Today" and regularly writes on law, ethics, and technology. Abby resides in Lakeside with her husband and children, emphasizing her commitment to family values.
John Mudd serves as the Executive Director and General Counsel for the State Bar of Montana. He was previously the Director of Development and Alumni Relations for the Alexander Blewett III School of Law at the University of Montana. John also served as Executive Counsel and Policy Advisor for the Commissioner of Securities and Insurance at the Office of State Auditor. Prior to that he was in private practice in Missoula where he maintained a diverse practice with an emphasis in commercial litigation.
Judge Ohman was appointed to the bench by Governor Steve Bullock in October 2020. He was confirmed by the Senate in 2021 and retained by the voters of Gallatin County in 2022. He attended Lewis and Clark Law School in Portland, Oregon. He has been a member of the Montana State Bar since 1995, and has practiced in a variety of fields over the past 28 years.
Roger Sullivan’s legal career has focused on two objectives: securing justice for Montana’s workers and advocating for Montanans’ constitutional right to a clean and healthful environment. Roger has litigated a number of landmark cases in both fields, most recently as co-counsel in Held v. Montana. He has been named Trial Lawyer of the Year by MTLA for his advocacy on behalf of Montana’s workers, and Conservationist of the Year by the Montana Environmental Information Center for his environmental advocacy. In 2022 Roger received MTLA’s Appellate Trial Lawyer of the Year Award for his successful advocacy on behalf of Libby mine workers and residents (BNSF Railway Company v. Asbestos Claims Court, 2020 MT 59). His clients have twice been honored with the Citizens Award by MTLA: the Advisory Committee for the Columbia Falls Aluminum Company Profit Sharing Class Action; and Libby asbestos victims for their successful efforts in the courts and in defeating corporate bailout legislation. Roger has been a frequent contributor to MTLA’s Trial Trends. His most recent law publication is the 2022 lead article in Volume 45 of the Public Land Law Review, co-authored with Nathan Bellinger and entitled "A Judicial Duty: Interpreting and Enforcing Montanans’ Inalienable Right to a Clean and Healthful Environment.”