Alexander (Zander) Blewett, III
Encyclopedia
Alexander Blewett III (born 1945) is a Montana personal injury lawyer
based out of Great Falls, Montana
. He is the head partner in the Hoyt and Blewett PLLC, which represents Montanans seriously injured in car accidents, truck accidents, and motorcycle accidents. He also handles cases involving Montana’s injured railroad workers in FELA cases, railroad crossing cases, insurance bad faith
cases, safe place to work cases, insurance cases, nuisance
cases, environmental damage cases, medical malpractice
, and wrongful death.
and abuse of process
verdict
he obtained against Gibson, Dunn & Crutcher
, one of the most high powered law firms in the world, in the case of Seltzer v. Morton. The $21.4 million verdict
in actual and punitive damages
was one of the largest in the country in 2005 and attracted attention from the Wall Street Journal and other national publications.
Gibson Dunn sued Seltzer on behalf of Steve Morton, an art collector who owned the painting, “Lassoing a Longhorn.” Morton purchased the painting from Kennedy Galleries
of New York for $38,000 in 1972. Affixed to the lower left corner was “C.M. Russell 1913.″ Charles M. Russell, who died in 1926, was a renowned western artist.
When Morton sought to sell the painting in 2003 at the Coeur d'Alene Art Auction, a partner at the auction house questioned whether the painting was done by Russell. He contacted Seltzer and another expert to authenticate the painting. Seltzer concluded the painting was the work of his grandfather, O. C. Seltzer, and not Russell which reduced the value from approximately $750,000 to $75,000.
Morton’s lawyer then sent a letter to Kennedy Galleries in which he accused it of making “fraudulent (or, at the very least, negligent) misrepresentations” and admitted that Morton was “shocked to learn that the painting was not a work by Russell…and that this must have been clear to any reputable dealer in the 1970’s.” This letter was not produced to Seltzer by Morton when Morton and Gibson, Dunn & Crutcher were suing Seltzer.
Rather than sue Kennedy Galleries, Morton hired Gibson Dunn to send a letter threatening to sue Seltzer if he did not lie regarding the authenticity of the painting. Seltzer refused, and Gibson Dunn filed suit on behalf of Morton in Montana federal court in 2002 accusing Seltzer of fraud
, malice
and bad faith
and seeking several million dollars in damages.
Seltzer then produced affidavits from nine experts who said the painting was not a Russell and that the signature on the painting had been forged. Gibson, Dunn dismissed Morton's lawsuit in February 2003, with prejudice, when faced with a motion for summary judgment
. Seltzer then sued Gibson Dunn, the firm’s retired partner and Morton accusing them of engaging in “malicious prosecution” and “abuse of process” and causing Seltzer emotional distress and damaging his reputation. The jury agreed and awarded $21.4 million to Seltzer in actual and punitive damages.
On appeal the Montana Supreme Court
, 154 P.3d 561 (Mont. 2007), upheld $9.9 million of the jury’s punitive damage award against Gibson Dunn and accused the firm of engaging in “legal thuggery.”
, an invitation-only group, which is limited to the top 100 personal injury lawyers in the United States. Former members include Johnnie Cochran
and former U.S. Senator and Presidential Candidate John Edwards
. Blewett is presently the only Montana personal injury attorney who belongs to the group.
Blewett received Montana Trial Lawyer of the Year in 1993-1994 and in 2006-2007. Blewett provided the funding for construction of the Hoyt and Blewett Court Room at the University of Montana Law School and provided $500,000 to Montana State University – Bozeman to improve facilities for its student-athletes. The Hoyt and Blewett law firm also sponsors an All-star high school wrestling tournament in Montana.
. Blewett’s father, Alex Blewett Jr., a Republican from Great Falls, served in the Montana House of Representatives as a Republican in 1961 and 1963. In 1963 he served as Republican Majority Leader of the State House. In 1964, he unsuccessfully challenged Democratic incumbent Mike Mansfield
for the U.S. Senate. Blewett’s Grandfather, Alexander Blewett Sr., a Republican from Butte, served in the Montana House of Representatives in 1931, 1943, 1945, 1947, and 1951. Blewett’s son, Anders Blewett
, a Democrat from Great Falls, was elected to the Montana House of Representatives in 2008 and the Montana Senate in 2010.
Personal injury lawyer
A personal injury lawyer is a lawyer who provides legal representation to those who claim to have been injured, physically or psychologically, as a result of the negligence or wrongdoing of another person, company, government agency, or other entity....
based out of Great Falls, Montana
Great Falls, Montana
Great Falls is a city in and the county seat of Cascade County, Montana, United States. The population was 58,505 at the 2010 census. It is the principal city of the Great Falls, Montana Metropolitan Statistical Area, which encompasses all of Cascade County...
. He is the head partner in the Hoyt and Blewett PLLC, which represents Montanans seriously injured in car accidents, truck accidents, and motorcycle accidents. He also handles cases involving Montana’s injured railroad workers in FELA cases, railroad crossing cases, insurance bad faith
Insurance bad faith
Insurance bad faith is a legal term of art that describes a tort claim that an insured person may have against an insurance company for its bad acts. Under the law of most jurisdictions in the United States, insurance companies owe a duty of good faith and fair dealing to the persons they insure...
cases, safe place to work cases, insurance cases, nuisance
Nuisance
Nuisance is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public or private. A public nuisance was defined by English scholar Sir J. F...
cases, environmental damage cases, medical malpractice
Medical malpractice
Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. Standards and...
, and wrongful death.
Seltzer vs. Morton
Blewett is most noted for the $21.4 million dollar malicious prosecutionMalicious prosecution
Malicious prosecution is a common law intentional tort, while like the tort of abuse of process, its elements include intentionally instituting and pursuing a legal action that is brought without probable cause and dismissed in favor of the victim of the malicious prosecution...
and abuse of process
Abuse of process
Abuse of process is a cause of action in tort arising from one party making a malicious and deliberate misuse or perversion of regularly issued court process not justified by the underlying legal action.It is a common law intentional tort...
verdict
Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. The term, from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver and dit In law, a verdict...
he obtained against Gibson, Dunn & Crutcher
Gibson, Dunn & Crutcher
Gibson, Dunn & Crutcher is a global law firm, founded in Los Angeles in 1890. The firm is one of the most prestigious and selective in the nation, and ranks among the most successful firms globally. Gibson Dunn has nearly 1,000 attorneys and over 2,000 staff located in 17 offices around the world,...
, one of the most high powered law firms in the world, in the case of Seltzer v. Morton. The $21.4 million verdict
Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. The term, from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver and dit In law, a verdict...
in actual and punitive damages
Punitive damages
Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit...
was one of the largest in the country in 2005 and attracted attention from the Wall Street Journal and other national publications.
Gibson Dunn sued Seltzer on behalf of Steve Morton, an art collector who owned the painting, “Lassoing a Longhorn.” Morton purchased the painting from Kennedy Galleries
Kennedy Galleries
Kennedy Galleries is one of the oldest art galleries in the United States. It was founded by Hermann Wunderlich in 1874 under the name of Hermann Wunderlich & Co. When Wunderlich died in 1892, Edward G. Kennedy took over the gallery, whose name was changed in 1912 to Kennedy & Co...
of New York for $38,000 in 1972. Affixed to the lower left corner was “C.M. Russell 1913.″ Charles M. Russell, who died in 1926, was a renowned western artist.
When Morton sought to sell the painting in 2003 at the Coeur d'Alene Art Auction, a partner at the auction house questioned whether the painting was done by Russell. He contacted Seltzer and another expert to authenticate the painting. Seltzer concluded the painting was the work of his grandfather, O. C. Seltzer, and not Russell which reduced the value from approximately $750,000 to $75,000.
Morton’s lawyer then sent a letter to Kennedy Galleries in which he accused it of making “fraudulent (or, at the very least, negligent) misrepresentations” and admitted that Morton was “shocked to learn that the painting was not a work by Russell…and that this must have been clear to any reputable dealer in the 1970’s.” This letter was not produced to Seltzer by Morton when Morton and Gibson, Dunn & Crutcher were suing Seltzer.
Rather than sue Kennedy Galleries, Morton hired Gibson Dunn to send a letter threatening to sue Seltzer if he did not lie regarding the authenticity of the painting. Seltzer refused, and Gibson Dunn filed suit on behalf of Morton in Montana federal court in 2002 accusing Seltzer of fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
, malice
Malice
Malice may refer to:* Malice , a legal term describing the intent to harm* Jerry Tuite , American professional wrestler also known by the ring name Malice-Entertainment:...
and bad faith
Bad faith
Bad faith is double mindedness or double heartedness in duplicity, fraud, or deception. It may involve intentional deceit of others, or self deception....
and seeking several million dollars in damages.
Seltzer then produced affidavits from nine experts who said the painting was not a Russell and that the signature on the painting had been forged. Gibson, Dunn dismissed Morton's lawsuit in February 2003, with prejudice, when faced with a motion for summary judgment
Summary judgment
In law, a summary judgment is a determination made by a court without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case....
. Seltzer then sued Gibson Dunn, the firm’s retired partner and Morton accusing them of engaging in “malicious prosecution” and “abuse of process” and causing Seltzer emotional distress and damaging his reputation. The jury agreed and awarded $21.4 million to Seltzer in actual and punitive damages.
On appeal the Montana Supreme Court
Montana Supreme Court
The Montana Supreme Court is the highest court of the Montana state court system in the U.S. state of Montana. It is established and its powers defined by Article VII of the 1972 Montana Constitution...
, 154 P.3d 561 (Mont. 2007), upheld $9.9 million of the jury’s punitive damage award against Gibson Dunn and accused the firm of engaging in “legal thuggery.”
Legal career
Alexander (Zander) Blewett III is a member of the Inner Circle of AdvocatesInner Circle of Advocates
The Inner Circle of Advocates is an organization of civil plaintiff trial lawyers in the United States. The group is invitation-only and is limited to 100 lawyers...
, an invitation-only group, which is limited to the top 100 personal injury lawyers in the United States. Former members include Johnnie Cochran
Johnnie Cochran
Johnnie L. Cochran, Jr. was an American lawyer best known for his leadership role in the defense and criminal acquittal of O. J...
and former U.S. Senator and Presidential Candidate John Edwards
John Edwards
Johnny Reid "John" Edwards is an American politician, who served as a U.S. Senator from North Carolina. He was the Democratic nominee for Vice President in 2004, and was a candidate for the Democratic presidential nomination in 2004 and 2008.He defeated incumbent Republican Lauch Faircloth in...
. Blewett is presently the only Montana personal injury attorney who belongs to the group.
Blewett received Montana Trial Lawyer of the Year in 1993-1994 and in 2006-2007. Blewett provided the funding for construction of the Hoyt and Blewett Court Room at the University of Montana Law School and provided $500,000 to Montana State University – Bozeman to improve facilities for its student-athletes. The Hoyt and Blewett law firm also sponsors an All-star high school wrestling tournament in Montana.
Family politics
Blewett’s son, father, and grandfather have all served in the Montana House of RepresentativesMontana House of Representatives
The Montana House of Representatives is, with the Montana Senate, one of the two houses of the Montana Legislature. Composed of 100 members, the House elects its leadership every two years.-Composition of the House:...
. Blewett’s father, Alex Blewett Jr., a Republican from Great Falls, served in the Montana House of Representatives as a Republican in 1961 and 1963. In 1963 he served as Republican Majority Leader of the State House. In 1964, he unsuccessfully challenged Democratic incumbent Mike Mansfield
Mike Mansfield
Michael Joseph Mansfield was an American Democratic politician and the longest-serving Majority Leader of the United States Senate, serving from 1961 to 1977. He also served as United States Ambassador to Japan for over ten years...
for the U.S. Senate. Blewett’s Grandfather, Alexander Blewett Sr., a Republican from Butte, served in the Montana House of Representatives in 1931, 1943, 1945, 1947, and 1951. Blewett’s son, Anders Blewett
Anders Blewett
Anders Blewett is a lawyer and a Montana Democratic politician. He was elected to the Montana House of Representatives in 2008 and the Montana Senate in 2010....
, a Democrat from Great Falls, was elected to the Montana House of Representatives in 2008 and the Montana Senate in 2010.