Parsons Behle & Latimer

Jesse is a litigator in the firm’s Missoula, Montana office. His practice focuses on real estate-related litigation, commercial litigation and complex insurance issues. He is a recognized authority on public road, easement and access laws in Montana.

Capabilities

Biography

Jesse C. Kodadek is a member of Parsons’ Litigation practice team. Jesse litigates in both trial and appellate courts, where he represents clients in a wide variety of matters, particularly in real estate-related litigation; in property rights cases involving public roads, easements and other access issues; in general commercial litigation; and in insurance disputes, including complex coverage issues.

Jesse has spent time in state and federal courtrooms from one end of Montana to the other and has successfully presented many appeals to the Montana Supreme Court and the Ninth Circuit Court of Appeals.

Experience

Letica Land Company v. Anaconda-Deer Lodge County, 2015 MT 323, 381 Mont. 389, 362 P.3d 614.

This was a long-running case where we represented a private landowner versus a Montana county. It involved two separate roads, one of which the County claimed was a county road, and the other, which was of more concern to our client, was an alleged public prescriptive easement. On appeal, we obtained a reversal of the trial court's decision that there was a public prescriptive easement crossing the clients' private property.

Flora v. Clearman, 2016 MT 290, 385 Mont. 341, 384 P.3d 448.

Represented clients in a complicated access dispute after the title insurance company paid policy limits and walked away. The published decision was the Montana Supreme Court affirming the grant of a preliminary injunction in favor of our clients while vacating unnecessary conditions on that injunction. The district court ultimately concluded that our clients had an express easement and the case settled before a damages trial.

Estate of McClure, 2016 MT 253, 385 Mont. 130, 381 P.3d 566.

Obtained a reversal of the district court's conclusion on the interpretation of a trust that essentially disinherited our client, and holding that an ambiguous trust agreement must be construed to require the creation of two trusts upon the death of the first co-grantor, which re-inherited our client.

Accomplishments

Academic

University of Montana School of Law, Missoula, Montana J.D. – 2013

University of Montana B.A. Major: English Literature

Professional

Executive Editor, Montana Law Review

Super Lawyers Rising Star, 2023

Associations

Professional

State Bar of Montana

Western Montana Bar Association

Insights

Parsons Behle & Latimer Grows its Litigation Practice Team to Better Serve Missoula Clients: Jesse R. Kodadek joins Parsons as of counsel

Credentials

Licensed

Montana

U.S. Dist. Court, Dist. of Montana

U.S. Court of Appeals, 9th Circuit

U.S. Supreme Court

Education

University of Montana School of Law