Trials and Appeals


There are rights you have to defend, wrongs you have to right, issues you can’t resolve without litigation.  But you can’t do it yourself.   You need a lawyer who knows how to try a case, and also knows how to settle one.  The trial lawyers at Axilon are among the very best according to the people who know them best – other Montana trial lawyers.  Axilon has trial lawyers who are rated AV by Martindale-Hubbell, who have been designated “Super Lawyers” and “Best Lawyers in America”, who have been inducted into Litigation Counsel of America and the International Association of Defense Counsel, who have taught trial skills and appellate advocacy at law schools in Montana and Washington, and who are asked to teach litigation courses not only to Montana lawyers but also at national programs.

Axilon lawyers practice in all of the state and federal courts in Montana and Wyoming, the United States Courts of Appeals for Ninth and Tenth Circuits, and the United States Supreme Court.  We are comfortable presenting cases to juries and judges, as well as in arbitrations and mediations.

Our experience in trials and appeals goes beyond the areas described on other pages of this website – Business Litigation, Construction and Real Estate Litigation, Employment Litigation, Insurance Coverage and Bad Faith Litigation, Oil & Gas Litigation, Personal Injury Defense, Product Liability Defense, and Transportation and Trucking Litigation.  We also handle trials and appeals involving Federal and State Constitutional Law, White Collar Criminal Defense, Professional Malpractice, Family Law, Bankruptcy, and other issues.

Axilon’s lawyers:

  • Coordinated and supervised the legal teams in two appeals of criminal cases before the United States Supreme Court
  • Coordinated the efforts of 13 lawyers in 4 states seeking equal protection rights of six same-sex couples
  • In an the amicus brief, wrote the argument that was adopted by the Montana Supreme Court upholding Montana’s ban on political contributions by corporations
  • Managed over thirty thousand asbestos lawsuits and served as lead counsel in the cases that went to trial
  • Defended a number of companies in class action litigation
  • Defended toxic tort claims arising from mold, printer’s ink, formaldehyde, and benzene
  • Defeated a defamation case brought by the president of a homeowner association against a member, won sanctions and sustained the award on appeal, and then got a second action by the same plaintiff alleging assault dismissed, and won sanctions again
  • Persuaded the Montana Supreme Court to overturn an award of unemployment insurance benefits against a trucking company
  • Prevailed on appeal where the Montana Supreme Court had to disregard a generally accepted interpretation of its long-standing precedent governing covenants not to compete
  • Successfully petitioned the Montana Supreme Court for a writ of supervisory control directing a trial court to conduct an evidentiary hearing on a motion to dismiss for lack of personal jurisdiction
  • Sustained – through six appeals to the Montana Supreme Court, a lawsuit in Montana federal district court, a bankruptcy case in Idaho, and other lawsuits in California and Wyoming – an arbitration award and judgment exceeding $5 million against an LLC member for breach of fiduciary duties