Robert L. Sterup

Robert L. Sterup is a commercial litigator who has been lead counsel in more than twenty jury trials in Montana State and Federal District Courts and Federal Courts in other states. He has successfully represented clients before the United States Supreme Court, the Ninth Circuit Court of Appeals, and the Montana Bankruptcy court, and has been lead counsel in arbitration before the American Arbitration Association in more than a dozen cases. Mr. Sterup has represented clients in a variety of high stakes commercial litigation cases, including electrical and wind power generation, oil and gas litigation, and state and federal tax disputes, in Montana, Colorado, Nevada, North Dakota and Wyoming, and has also tried numerous administrative appeals before Montana state agencies. Mr. Sterup is a graduate of the University of Minnesota Law School and was selected by his peers to be included in the Best Lawyers In America, the American Lawyer/Corporate Counsel Top Lawyers, and selected by his peers as a Mountain States Super Lawyer for the years 2007 - 2012, 2014 – 2019 in the area of general litigation. He is a member of the Yellowstone Area Bar Association and Montana Defense Trial Lawyers Association.

Reported Decisions:

• PPL Montana, LLC v. Montana Supreme Court of the United States February 22, 2012 565 U.S. 576 132 S.Ct. 1215. Successful appeal of State of Montana claims for rental payments for hydroelectric projects.

• Western Sec. Bank v. Schneider Ltd. Partnership United States Court of Appeals, Ninth Circuit. March 14, 2016 816 F.3d 587 2016 WL 946960. Appeal establishing new Ninth Circuit standard for stay of litigation pending arbitration.

• In re Yellowstone Mountain Club, LLC United States Court of Appeals, Ninth Circuit. February 27, 2012 469 Fed.Appx. 584 2012 WL 605837. Successfully represented Liquidating Trustee of YMC in numerous bankruptcy claims.

• Cloud Peak Energy Resources, LLC V. State, Dept. Of Revenue 340 P.3d 1258 (2015). Represented coal producer in challenge to Montana coal severance taxes and application of net-back method to non-arm- length sales to affiliates.

• Brady v. PPL Montana, LLC United States Court of Appeals, Ninth Circuit. February 14, 2007 478 F.3d 1015 2007 WL 465730. Appellate Court affirmed summary judgment for client in case challenging workers compensation exclusivity provision.

• Elliot v. Fortis Benefits Ins. Co. United States Court of Appeals, Ninth Circuit. August 01, 2003 337 F.3d 1138 2003 WL 21768395. Appellate Court affirmed summary judgment for client in challenge to insurer bad faith bar to claims not arising to the level of intentional conduct.

• Revelation Industries, Inc. V. St. Paul Fire & Marine Ins. Co. 350 Mont. 184, 206 P.3d 9194 /10/2009. Established Montana standard for insurance claims handling.

• PPL Montana, LLC v. State Supreme Court of Montana. March 30, 2010 355 Mont. 402 229 P.3d 421. Represented taxpayer in property tax appeal resulting on multi-million dollar reduction in property taxes for energy client.

• Continental Development, Inc., Appellant v The Department of Revenue of the State of Montana, 2004 WL 1088663. Decision by Montana Tax Appeals Board finding for taxpayer in challenge to method for assessing apartment buildings.

• Fabich v. PPL Montana, LLC Supreme Court of Montana. October 09, 2007 339 Mont. 289 170 P.3d 943. Montana Supreme Court affirmed decision for client in personal injury litigation brought by employee of subcontractor for electric energy producer.

• Jim's Excavating Service, Inc. v. HKM Associates Supreme Court of Montana. July 12, 1994 265 Mont. 494 878 P.2d 248. Jury verdict for client affirmed in Montana case establishing standard for engineering negligence.

• Schmasow v. Native American Center Supreme Court of Montana. March 16, 1999 293 Mont. 382 978 P.2d 304. Victory for pro bono client in challenge to Native American hiring statutes.

• Publications include Into the Twilight Zone: Admissibility of Scientific Expert Testimony in Montana after Daubert, 58 Mont. L.Rev. 465, 485–86 (Summer 1997) cited in Supreme Court of Montana 228 Mont. 300, 121 P.3d 489.