- 3.7/5.0 (3 reviews)
Adam has tried cases to verdict before juries in State and Federal Courts, for both Plaintiffs and Defendants, representing corporations and individuals, in civil and criminal matters. Adam has also represented clients in commercial arbitration disputes, class-action suits, claims before the medical and chiropractic legal panels, and claims before the Multi-District Litigation Panel. Prior to joining MD&S' litigation practice, and while in law school, Mr. Duerk was a prosecutor for the City of Missoula and clerked for the Honorable Leif B. Erickson, U.S. Magistrate Judge as a clinical extern.
- United States v. W.R. Grace, et al.
Served as local counsel for an individual defendant in one of the largest federal criminal prosecutions of alleged violations of the Clean Air Act. Described by environmental law authorities as one of the biggest environmental crimes trials in U.S. history. Jury acquitted client of all charges.
- Ironwood Manufacturing Inc. v. S.P. Richards Co.
Served as trial counsel in federal case involving commercial dispute between Montana producer and Georgia distributor of school furniture. Unanimous jury awarded verdict in favor of MD&S client.
- Seewald v. Riverside Health Care Center, et al.
Served as lead trial counsel in complex, multi-defendant medical malpractice and fraud case against two nursing homes, their parent company, and a personal physician. Case settled mid-trial on terms favorable to MD&S client. This case received statewide press:
- Helena Independent
- Billings Gazette
- State v. Garding
Appointed special prosecutor in homicide case. Voir dire of defense expert witness (forensic pathologist) resulted in exclusion of opinions. Unanimous jury convicted defendant. This case received state wide press:
- Sisson v. Schlechten
Served as trial counsel in prosecution of medical negligence/wrongful death case for failure to administer appropriate cardiac care plan. Unanimous jury awarded largest medical negligence verdict in Ravalli County history.
- Turner v. Dr. Pernsteiner, DC.
Served as lead trial counsel in malpractice case against chiropractor. Jury awarded verdict more than five times defense's settlement offer.
- Honeycutt v. U.S.
Served as lead counsel in the largest known Federal Tort Claims Act dental negligence claim in Montana. Case involved multiple medical expert witnesses. Case settled in MD&S client's favor immediately prior to trial.
- State v. Martinez
Served as lead trial counsel in criminal defense of professional truck driver charged with running motorist off Interstate Highway. Jury refused to convict firm client. Verdict resulted in pending civil claims against trucking company being dropped.
- Heaton v. Worksman Trading Corporation
Served as trial counsel in defense of manufacturing corporation in federal products liability case. Matter settled mid-trial after Judge limited Plaintiff's presentation of expert witness testimony in response to defense motion.
Awards and Recognitions
- 2004 recipient of the International Academy of Trial Lawyers Student Advocacy Award
- Western Montana Bar Association
- American Bar Association
- State Bar of Montana
- Montana Trial Lawyers Association
- Federal Bar Association