David L. CharlesOffice: Billings
- Representative cases David has tried since 2005 include those listed below. (He has 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 August 2005.
- 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.
David Charles is Of Counsel in the Litigation Department. His practice focuses on civil jury trial work, both plaintiff and defense, with types of cases including lender liability claims, general commercial disputes of all types, personal injury, product liability, employment, trade secrets, Lanham Act, medical and other professional malpractice, various types of estate disputes, real estate litigation and condemnation matters. David has also had experience in cases involving the oil and gas industry and in appellate work of all types.
David graduated with High Distinction from the University of Iowa College of Law in 1974 after receiving a political science degree in 1972, graduating Magna Cum Laude from Parsons College in Fairfield, Iowa. He has been Board Certified as a Trial Advocate by National Board of Trial Advocacy since 1986. After practicing law for thirty years in Iowa he moved his practice to Montana but still maintains an office and practice in Des Moines, Iowa.
He is AV rated by Martindale- Hubble and was one of 11 Montana lawyers listed by the Mountain States Super Lawyers in the top 100 attorneys in the Mountain States Region in 2016. He has been named in the Best Lawyers in American in multiple litigation categories since 2003 and included in Mountain States Super Lawyers since 2010.
- Commercial Litigation
- Personal Property Foreclosures, Claim and Delivery, Replevin, and Injunctive Remedies
- Real Property Foreclosures & Landlord-Tenant Disputes
- Advice and representation in employment litigation, including wrongful discharge and discrimination matters
- Employee discipline and termination advice
- Pro Bono
- Class action litigation
- Common law bad faith
- Personal Injury
- Product Liability Defense
- Products Liability
- Professional negligence, including medical malpractice
- Unfair Trade Practices Act
- Fiduciary Obligations and Estate and Trust Litigation
North Dakota, 2013
Numerous pro hac vice in various jurisdictions including Washington, Wyoming, Maryland, Kansas, Missippi, Nevada, Nebraska
United States District Courts in Iowa, Northern and Southern District, Montana and North Dakota
Eighth Circuit and Ninth Circuit Court of Appeals
United States Supreme Court
1974 – J.D., University of Iowa College of Law
1972 – University of Denver and Parsons College
Prior Experience (Employment)
1975-1977, Assistant Secretary of Iowa Senate
1977-1994, Gamble Riepe Webster Davis & Green, Des Moines, IA
1994-2005, Belin McCormick, PC, Des Monies, IA
2005 to present, Crowley Fleck, Billings, MT
Honors & Awards
Best Lawyers in America for Commercial Litigation, Personal Injury Litigation-Defendants, and Personal Injury Litigation-Plaintiffs (2003-Present)
Mountain States Super Lawyers for Business Litigation (2010-2015)
Named as one of the top 100 lawyers in the Mountain States Region by Mountain States Super Lawyers in 2016
AV Preeminent Rating by Martindale-Hubbell
Order of the Coif
Board Certified by National Board of Trial Advocacy since 1986
Iowa Academy of Trial Lawyers
Litigation Counsel of America, Fellow
Iowa Jobs Commission and Iowa State Historical (Board 1978-1986)
Children’s Habilitation Center in Des Moines, Board of Directors (1986-1994)
Polk County Bar Association
Iowa Bar Association Board of Governors (1986-1995)
Yellowstone County Bar Treasurer (2004)
Cub Scouts Asst. Pack Leader, Committeeman and Treasurer-Pack 12 (2008-2013)
Boy Scout Troop Leader Troop 7 multiple positions (2015 to present)
Extensive political experience 1975-1994 including managing a campaign for statewide office
Iowa State Bar Association
State Bar of Montana
North Dakota State Bar Association
American Bar Association-Litigation Section
National Board of Trial Advocacy
American Association for Justice
Iowa Defense Counsel
Iowa Academy of Trial Lawyers
Litigation Counsel of America
Iowa Association for Justice
American Society of Legal Advocates
Polk County Bar Association
Montana Defense Counsel
Montana Trial Lawyers
Reported Decisions / 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 Fed. 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 NW2d 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 (Eighth 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