"Lawyers exhibiting professional Excellence, Dedication & Commitment in Missoula, Montana."

Milodragovich, 
Dale, Steinbrenner 
& Nygren P.C.

620 High Park Way
P.O. Box 4947
Missoula, Montana
59806-4947

Telephone: (406) 728-1455
Fax: (406) 549-7077

G. Patrick HagEstad

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As a trial attorney, Mr. HagEstad handles matters, for both the defense and plaintiff, including construction, product liability, liquor liability, insurance defense, assisted living facility defense, business and commercial, and contract litigation. 

Mr. HagEstad also focuses on employee benefit litigation including breaches of fiduciary duty under the Employee Retirement Income Security Act (ERISA), Worker Adjustment and Retraining Notification Act (WARN Act) claims, personal injury claims and defense, and contract litigation. 

In addition, his services include consulting with individuals, corporations and municipalities regarding general business and contract law. Mr. HagEstad's experience covers a broad spectrum of non-trial related matters including business and commercial transactions, real estate contracts, deeds, options, buy-sells and real estate foreclosures.  

Mr. HagEstad is often consulted by other Montana attorneys regarding the above areas of practice and is available for consultation or to co-counsel litigation throughout Missoula and Western Montana.

• Construction Liability - Over the years, Mr. Hagestad has represented several highway construction claimants and defendants in state courts and arbitrations. The claims range from breaches of contract actions to sewer projects to road construction highway construction defects. Some of the claims involved the defense of municipalities. Others involved the defense of contractors and sub-contractors. Many of the claims involved representing defendants against personal injuries and wrongful death claims arising out of alleged construction defects. 

These types of claims can be quite complex and can involve claims against officers and directors of contractors and sub-contractors. Mr. HagEstad provides defense for construction companies and their Directors and Officers with regard to highway construction site liability including fatalities and quadriplegia. These cases often center around faulty signage, lack of signage, traffic control and a myriad of other alleged construction defects. 

• Product Liability - For many years Mr. HagEstad has represented companies and their insurers for product liability cases including asbestos, silica, medical devices and implants, as well as other consumer products such as radios, chemicals and scissor man-lifts and scaffolding. Mr. HagEstad also reviews and considers representation of injured persons in particularly egregious personal injury cases caused by defective products.

• Liquor Liability - Mr. HagEstad handles several liquor liability cases every year. These cases often include premises liability claims involving standard of care, employee training, employee supervision and negligent hiring issues. (see Wilson v. Turn of the Century) 

• Insurance Defense - Mr. HagEstad defends insurers and their insureds against claims of all kinds including claims regarding specialty lines, Directors and Officers Coverages (D&O), commercial general liability (CGL), errors and omissions (E&O), and home owners policies.

• Assisted Living Facility Defense (ALF) - ALF cases are becoming more and more frequent over the last few years, and Mr. HagEstad has represented assisted living facilities in Montana including contractual disputes among franchises and business partners, as well as defending ALF facilities against personal injury claims and wrongful death claims filed by residents and their families. 

• Commercial Litigation - In addition to the above areas, which may have a business or commercial claim within any given case, Mr. HagEstad has also defended commercial entities including financing companies, mortgage companies, and heavy equipment retailers and wholesalers. 

• Breach of Fiduciary Duty under ERISA - With regard to Employee Retirement Income Security Act (ERISA), Mr. HagEstad has been lead counsel on two Employee Stock Ownership Plan (ESOP) cases involving breach of fiduciary duty in Federal District Court in Missoula, Montana.  In 2004, Mr. HagEstad and co-counsel achieved a settlement on behalf of the employees of a Bitterroot Valley mill in an amount exceeding $5 million regarding an Employee Stock Ownership Plan (ESOP).  

In 2004, Mr. HagEstad was involved in another Hamilton, Montana ESOP case wherein his clients were awarded judgments exceeding $1.7 million.  Mr. HagEstad also handles long-term disability claims and defenses relating to employee benefit plans.

• Worker Adjustment and Retraining Notification Act (WARN Act) Claims - Mr. HagEstad's clients were awarded summary judgment in a Worker Adjustment Retraining and Notification Act (WARN Act) claim in Federal District Court. The Decision was affirmed by the Ninth Circuit Court of Appeals.  Mr. HagEstad also consults with attorneys around Montana and the western states regarding their WARN Act claims.

• Personal Injury - Personal injury claims and wrongful death suits can be some of the most difficult and complex types of litigation, both for the attorney and the person injured.  Mr. HagEstad handles serious injury claims involving permanent disability injuries and wrongful death claims throughout Montana. 

• Contract Litigation - Businesses often need representation regarding breaches of contract between suppliers and buyers or on differences of opinion regarding provisions in their contracts. Mr. HagEstad has represented plaintiffs in all facets of commercial litigation including real estate, contractual disputes, bank related breaches of contract and financial negligence cases.  The best time to have a real estate contract, deed, buy-sell or option agreement reviewed is before you sign.  Mr. HagEstad can give you easy-to-understand advice and guidance with all your contractual needs, claims or consultations. 

• General Business and Contract Law -  Often business clients and individuals need contracts, leases and rental agreements reviewed, revised and explained so that the risks, benefits and obligations associated with a contract can be explained, modified or deleted prior to entering into a contract. Many times clients will come to Mr. HagEstad, having already entered into a contract, wanting to know what their rights and obligations under the contract are, as well as the obligations of the other contracting party. 

Mr. HagEstad can help explain the contracts to help you avoid litigation before it starts, or he can represent you in planning litigation strategy and in the litigation itself should a breach of contract have already occurred. 

• Consulting Services - Mr. HagEstad lends his ERISA litigation experience to attorneys in Montana and across the nation by consulting or co-counseling on ERISA breach of fiduciary duty litigation and compliance matters. Mr. HagEstad has also consulted with lawyers and insurers alike regarding Montana bad faith law. He has prepared out of state witnesses for depositions regarding Montana bad faith law, and he has co-counseled on multi-jurisdiction claims involving Montana Insurance bad faith law and best practices. 

If you are a Montana business looking to provide an employee benefit plan, switch plans or if you are an out of state provider or administrator looking to involve yourself in the Montana market, we provide strategies and guidance through our consulting services.

• Consumer Protection and Unfair Trade Practices - Mr. HagEstad recently authored an article on Montana's Consumer Protection Act (MCPA) and Montana's Unfair Trade Practices Act (UTPA) which is a guide for both consumers and businesses regarding other party's rights, duties and obligations with respect to the MCPA and UTPA in Montana.

Bar Admissions

• State Bar of Montana - 1998 (all state district/county courts)

• Montana Supreme Court

• All United States District Courts in Montana

• United States Ninth Circuit Court of Appeals

• Juris Doctor Degree with honors from University of Tulsa College of Law in 1998

• Bachelor of Arts Degree in Political Science with a minor in History, cum laude, from the University of Tulsa in 1995

• Martindale Hubbell, through extensive peer review, has identified Mr. HagEstad as "a lawyer with good to high legal ability." The rating is a positive indication of his "above average ability."

"Our ratings, established by attorneys for attorneys, clearly indicate you demonstrate the highest professional and ethical standards." ... 

"You now join a select group of attorneys who have been recognized for their legal expertise and professional reputation." ... 

"Congratulations again on this significant achievement within the profession. Our best wishes for your continued success."

-- Letter from Martindale Hubbell dated January 16, 2003

• American Bar Association (Sections:  Tort, Trial and Insurance Practice, Business Law, Health Law, Real Property, Probate and Trust Law)

• Western Montana Bar Association

• State Bar of Montana

• Defense Research Institute (DRI) (Committees:  Insurance Law, Commercial Law, Product Liability, Professional Liability)

• Montana Defense Trial Lawyers Association (MDTL)

• Harmonie Group

Community Involvement  

Patrick serves on the following Boards of Directors in Missoula, Montana:

• Spirit at Play - a Missoula non-profit preschool

• Cornerstone Fellowship - a Missoula Church