W. Adam Duerk

W. Adam Duerk: Attorney with Milodragovich, Dale, Steinbrenner, P.C.


Adam Duerk is a litigation shareholder at MD&S. As a trial attorney, Adam assists clients in a wide variety of legal matters. His broad practice includes cases involving the federal tort claims act, nursing home and medical negligence, insurance law, premises liability, products liability, the consumer protection act and commercial transaction disputes. Adam also advises the firm's clients in criminal matters and cases that involve exposure to criminal liability.

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.

Representative Cases

- 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

- Missoulian

- 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:

- Missoulian

- 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

Areas of Practice (7)

  • Tort Claims Act
  • Nursing Home and Medical Negligence
  • Insurance Law
  • Premises Liability
  • Products Liability
  • Consumer Protection Act
  • Commercial Transaction

Education & Credentials

Contact Information:
888-623-3007  Phone
406-549-7077  Fax
Mailing Address:
P.O. Box 4947, Missoula, MT 59806-4947
University Attended:
Earlham College, B.A., Human Development and Social Relations, with honors, 1992
Law School Attended:
University of Montana School of Law, J.D., 2004
Year of First admission:
2004, Montana; U.S. District Court, District of Montana and U.S. Court of Appeals, Ninth Circuit
Payment Information:
  • Credit cards accepted
  • Accepts Visa and MasterCard
  • Fixed Hourly Rates
  • Fixed Fees Available
  • Peer Reviews

    Client Reviews

    This attorney does not have client reviews.

    Documents ({{amountArticles}})

    Documents by this lawyer on Martindale.com
    Other documents: ,

    Missoula, Montana

    Contact W. Adam Duerk

    Please correct the fields highlighted in red.

    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.