David K. Montgomery: Lawyer with Jackson Lewis P.C.

David K. Montgomery

Shareholder
Cincinnati,  OH  U.S.A.
Phone(513) 898-0050

Peer Rating
 5.0/5.0
AV® Preeminent

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Practice Areas

  • Alternative Dispute Resolution
  • Class Actions and Complex Litigation
  • Disability
  • Leave and Health Management
  • Labor and Preventive Practices
  • Wage and Hour
  • General Employment Litigation
  • Management and Employee Training
  • Reductions in Force
  • WARN Act
  • Non-Competes and Protection Against Unfair Competition
 
University Miami University, Oxford Ohio, B.A., 1980
 
Law SchoolVanderbilt University Law School, J.D., 1984
 
Admitted1984, Georgia; 1985, U.S. District Court, Northern District Court of Georgia and U.S. Court of Appeals, Ninth and Eleventh Circuit; 1986, California and U.S. District Court, Central District Court of California; 1988, Ohio; 1989, U.S. District Court, Southern District Court of Ohio and U.S. Court of Appeals, Sixth Circuit; 1997, U.S. Supreme Court
 
Born1958
 
Biography

David Montgomery is a Shareholder in the Cincinnati, Ohio office of Jackson Lewis P.C.

Mr. Montgomery is admitted to practice law in Ohio, California and Georgia. He represents employers throughout the country on the full range of labor and employment related issues. He serves as primary employment counsel for several national employers including American Financial Group, Fifth Third Bank, Great American Insurance Company, Omnicare, Cardinal Health, Crum & Forster Insurance Company, JTM Meats, The George Fern Company, Hydro Systems and Pole Zero (divisions of Dover Corp.), Parsec Inc., and The Midland Company (a division of Munich Re). On a regional basis he represents Comcast, ADP, The American Red Cross, Anheuser- Busch, Sysco and New York Life.

Mr. Montgomery's employment law experience includes advising and defending employers in connection with employment discrimination charges and lawsuits, whistleblower/ public policy claims, FMLA and workplace harassment claims, and wage and hour cases. He also has prosecuted and defended trade secret and unfair competition lawsuits. His litigation experience includes the following:

Phillips v. Tradesman Int. - jury verdict for employer in age discrimination case, federal court, Ohio.
Jones v. S.C. Johnson - jury verdict for employer in race discrimination case, federal court, Ohio.
Firor v. The Cincinnati Enquirer- jury verdict for employer in sexual harassment case, federal court, Ohio.
Norma Smith v. Fifth Third Bank - jury verdict for employer in age discrimination case, federal court, Ohio.
Schultz v. W. T. Nickell Co. - jury verdict for employer in wrongful discharge case, federal court, Ohio.
Tooson v. Lyons Magnus - defense verdict for employer in race/sex discrimination case, federal court, Kentucky.
Kromer v. Fifth Third Securities - defense verdict for employer in wrongful discharge arbitration before FINRA.
Williams v Anheuser -Busch- arbitration award for employer in connection with termination case.
Laursen v. American Red Cross Western Lake Erie Region- arbitration award for the employer in connection with claims for termination without cause.
Weaver v. Ovations Food Service (division of Comcast)- arbitration award for employer in connection with claims for termination without cause and violation of the NLRA.
Susi v. Facility Source - arbitration award for employer in connection with multi- million dollar commission claim by former sales executive.
Muhammed v. Parsec Inc- arbitration award for the employer in connection with claims by a California employee of termination without cause.
UFCW v American Red Cross Western Lake Erie Region- arbitration award for the employer in connection with a contract interpretation issue related to paid leave.
UFCW v American Red Cross Central Ohio Blood Services Region- arbitration award for the employer in connection with a contract interpretation issue related to compensation.
Knox v Fifth Third Bank- Summary judgment for employer in age discrimination and retaliation case, federal court in Pennsylvania.
Johnson v. The Cincinnatian Hotel - defense verdict for employer in race discrimination case before the Ohio Civil Rights Commission.
Harding v. Careerbuilder.com - summary judgment for employer in age discrimination case, federal court, Pennsylvania.
Gibbs v. Specialty Meat Group - summary judgment for employer in age discrimination case, federal court, Iowa.
Hicks v. Rumpke Inc.- summary judgment for employer in race discrimination case, federal court, Ohio.
Twombley v. Kendle Int. - summary judgment for employer in wrongful discharge/ discrimination case, federal court, Ohio.
Simpkins v. Specialty Envelope - summary judgment for employer in ADA case, federal court, Ohio.
Sky v. Belcan Inc - summary judgment for employer in sexual harassmsnt case, federal court, Texas.
Gomez v. LSI Industries - summary judgment for employer in national origin discrimination case, federal court, Texas.
Hutchinson v. Miami Systems - defense verdict for employer in wrongful discharge arbitration before the American Arbitration Association (AAA), Georgia.
Pornoy v. Group Health Associates - defense verdict for employer in wrongful termination case, AAA, Ohio.
Zee Medical v. Cintas Corp. - defense verdict for employer in trade secret/intentional interference case, AAA, California.
Mosler v. Diebold - obtained preliminary and permanent injunction for employer in trade secret case, state court, Washington.
Yerkes v. Great American Ins. Co. - defense verdict for employer in ERISA case, federal court, Ohio.
Gagne v. The Cincinnati Hotel - jury verdict for employer in age discrimination case, federal court, Ohio.

Mr. Montgomery has defended several class/collective actions including:

Rico V. Cardinal Health - meal/ break period class action, federal court, California.
Avilez v Omnicare Inc. - meal/ break period class action, federal court, California.
Holt v. Parsec Inc - California misclassification, meal/ break period and WARN class action, state court, California.
Westfall v. Kendle International - FLSA and state law misclassification class and collective action, state and federal court, W. Va.
Chin v. Republic Indemnity - insurance adjuster misclassification class action, state court, California.
•Marks v. Infinity Ins. Co. - insurance adjuster misclassification class action, state court, California.
Wickline, et al. v. Fifth Third Bank of Central Kentucky - FLSA overtime class and collective action, federal court, Kentucky.
Faaola v. Champion Exposition Services, LLC - California wage payment class action, state and federal court, California.

He also has represented employers in National Labor Relations Board proceedings, union organizing drives and elections, arbitrations, contract negotiations, strikes and corporate campaigns. His labor experience includes cases and or negotiations involving the Teamsters, IATSE, UAW, UMW, IBEW, SEIU, Carpenters, UFCW, ALPA and UNITE/HERE.

In addition, Mr. Montgomery provides day-to-day labor and employment advice and management training with respect to all of the above referenced topics.

Mr. Montgomery has been selected by The Best Lawyers in America from 2005 to 2015 and currently is listed in three different categories: Employment Law- Management, Labor Law -Management and Litigation- Labor and Employment. He is AV rated by Martindale-Hubbell, has been named as a Ohio Super Lawyer from 2005-2015, and was recognized as one of the top 100 lawyers in Ohio by Cincinnati Magazine.

He is a member of the Cincinnati Bar Association, and is admitted to practice in Ohio, Georgia, and California. Additionally, Mr. Montgomery is admitted to practice before the U.S. District Court, Southern District of Ohio; U.S. District Court, Northern District of Georgia; U.S. District Court, Central District of California; U.S. Court of Appeals, Ninth Circuit; U.S. Court of Appeals, Eleventh Circuit; U.S. Court of Appeals, Sixth Circuit; and the U.S. Supreme Court.

Mr. Montgomery earned his J.D. from Vanderbilt University Law School in 1984 and his B.A. from Miami University in 1980.

Honors,Awards,Pro bono activities
•AV rated by Martindale-Hubbell
•Ranked in The Best Lawyers in America in the categories of Employment Law - Management, Labor Law - Management, and Litigation - Labor & Employment (2005-2015)
•Rated in Ohio Super Lawyers (2005-2014)
•Recognized as one of the top 100 lawyers in Ohio by Cincinnati Magazine (2008)
•Member of the Local School Decision Making Committee for Oyler School, a Cincinnati Public School in Lower Price Hill
•Founder/Director of the Hatmaker Foundation, a non-profit, established to support the school's academic programs
•Vice President of Wyoming Youth Services

 
ISLN902413250
 


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Office Information

David K. Montgomery

201 E. Fifth Street
CincinnatiOH 45202




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