David M. Wagner

David M. Wagner: Attorney with Crowley Fleck PLLP AV stamp icon


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.

Honors & Awards

Best Lawyers in America for Commercial Litigation and Litigation - Real Estate (2013-present)
Best Lawyers in America - 2016 Lawyer of the Year for Real Estate in Billings, MT
Best Lawyers In America - 2017 Lawyer of the Year for Real Estate and Commercial Litigation
Mountain States Super Lawyers (2014-Present)
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 Involvement

Big Brothers Big Sisters Board of Directors, Yellowstone County, Montana
Gallatin County Bar Treasurer, Gallatin County, Montana

Prior Experience (Employment)

1995-Present, Crowley Fleck PLLP
2010-2012, Chairperson of Litigation Department, Crowley Fleck PLLP
2014-Present, Co-Chairperson of Commercial Litigation Practice Group
1989-1992, Colorado Rocky Mountain School, High School Teache

Areas of Practice (12)

  • Banking and Finance
  • Banking Law, Compliance, and Internal Operations and Processes
  • Business Organizations
  • Litigation
  • Commercial Litigation
  • Creditors' Rights & Bankruptcy
  • Real Property Foreclosures & Landlord-Tenant Disputes
  • Real Estate
  • Access, Title and Property Disputes
  • Condominium and Homeowners' Associations
  • Tort Litigation
  • Negligence

Education & Credentials

Contact Information:
(406) 556-1430  Phone
406-556-1433  Fax
Mailing Address:
P.O. Box 10969, Bozeman, MT 59718
University Attended:
Colorado College, B.S., 1989
Law School Attended:
University of Montana,, J.D. with honors, 1995
Year of First Admission:
1995, Montana; 2001, U.S. Court of Appeals, Ninth Circuit; 1996, U.S. District Court, District of Montana

Professional Affiliations

•American Bar Association
•State Bar of Montana
•Gallatin County, Montana Bar Association
•Defense Research Institute (DRI)
•Montana Trial Lawyers Association

Birth Information:
Omaha, Nebraska, June 23, 1966
Reported Cases:
Reported Decisions / Cases: Representative Trial Experience:; Rosa Construction, Inc. v. Capstone Builders, Inc. et al. v. Sterling Savings Bank, Montana Eighteenth Judicial District Court (2013): Five day jury trial resulting in the permanent discharge of Capstone's improper construction lien against Rosa's real property, affirming the priority of Sterling Savings Bank's mortgage on Rosa's real property, and awarding $1,425,000 in compensatory damages against Capstone for recording an improper lien on Rosa's real property and interfering with the Bank's mortgage interest.; 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 Opticom, LLC v. Holsinger P.C. et al., 2016 MT 107N.

Peer Reviews


Lex Mundi

Bozeman, Montana

Contact David M. Wagner

Required Fields

Required Fields

By clicking on the "Submit" button, you agree to the Terms of Use, Supplemental Terms and Privacy Policy. You also consent to be contacted at the phone number you provided, including by autodials, text messages and/or pre-recorded calls, from Martindale and its affiliates and from or on behalf of attorneys you request or contact through this site. Consent is not a condition of purchase.

You should not send any sensitive or confidential information through this site. Emails sent through this site do not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent though this site could be intercepted or read by third parties.