Carlo J. Canty

Bio

Carlo Canty is a BKBH trial lawyer, who is rated AV by his peers, according to Martindale Hubbell. Wth more than 20 years of courtroom experience, he has served as lead or co-counsel in more than 40 major jury trials in Montana.  His trial work has been broadcast live nationwide on Court TV.  Mr. Canty specializes in litigation and trial work involving medical malpractice defense, defense in railroad injury litigation (FELA), personal injury defense, criminal defense and environmental/natural resource law.

In 2011, the Montana Supreme Court appointed Mr. Canty to the Civil Jury Instructions Advisory Commission; a body of Montana attorneys, federal judges, state judges and Montana Supreme Court Justices responsible for assuring jurors are adequately and correctly advised of the law during jury trials. Mr. Canty also serves on the Board of Directors of Ryan United, protecting citizens from violent sexual offenders, and is a volunteer for Special Olympics.

Prior to his work at BKBH, Mr. Canty served as an Assistant Attorney General, Special Assistant United States Attorney and county prosecutor.  

A fourth generation Montanan, Mr.Canty earned his undergraduate degree with high honors from Carroll College in Helena, and obtained his law degree at the University of San Francisco School of Law.

Mr. Canty is located in BKBH’s main office in Helena, Montana. He and his wife Marietta, an engineer, have three sons.

Representative Matters

• With more than 20 years of jury trial experience in courtrooms across Montana, Mr. Canty specializes in civil defense litigation. At BKBH, Mr. Canty serves a wide array of clients with their needs in medical malpractice defense, railroad injury litigation defense (FELA), personal injury defense, criminal defense and environmental/natural resource law.

• In defending allegations of medical malpractice, Mr. Canty has represented Montana doctors at all stages of the process, from the time a complaint first arises, through consideration by the Montana Medical-Legal Panel, and ultimately in jury trials and appellate proceedings. If a complaint or claim cannot be resolved favorably for the doctor without the filing of formal action or a lawsuit, Mr. Canty has substantial experience in handling the discovery process, depositions, motion practice, expert witnesses, and ultimate presentation of the doctor’s case to a jury.

• Mr. Canty also has substantial experience defending major United States railroads (Union Pacific and Burlington Northern Santa Fe) when railroad workers allege on-the-job injuries. A member of the National Association of Railroad Trial Counsel (NARTC), Mr. Canty is prepared to handle all aspects of FELA litigation, including trial. Because federal law provides that workers outside of Montana can choose to sue a railroad anywhere it operates, these cases often present significant challenges in terms of travel and case workup across the United States. Mr. Canty and the BKBH Litigation Group have obtained very favorable dispositions of numerous FELA lawsuits involving both “acute” (single incident) claims, and “cumulative” claims where railroad workers allege injury as a result of repetitive trauma over the course of their careers.

• Assisted Living Facilities and Nursing Homes in Montana also rely on Mr. Canty and BKBH for their defense. Once apprised of a complaint or incident at a facility, Mr. Canty and the BKBH Litigation Group will be on scene to determine all facts relevant to the claim: including interviews with key facility managers and employees. In 2011, Mr. Canty obtained highly favorable settlements in three actions action brought against three Great Falls facilities, including a wrongful death action settled prior to discovery.

• Mr. Canty’s litigation experience also includes litigation involving large scale environmental/natural resource damage claims. BKBH is currently defending a major U.S. corporation in Montana and Federal courts against claims by more than 150 individuals that the corporation’s historical operations caused widespread contamination of their properties. For over three years, Mr. Canty has been principally involved in discovery, depositions, appearances and strategic planning for trial in this complex litigation.

• With formidable prior experience in criminal law as a Deputy County Attorney, Assistant Attorney General and Special Assistant United States Attorney, Mr. Canty accepts select cases where he represents individuals and companies accused of alleged criminal acts or regulatory violations. In this work, Mr. Canty has consistently achieved outstanding results. Among these clients, Mr. Canty has assisted young persons facing the lifelong consequences of a serious conviction, sportsmen accused of hunting violations and Montana businesspersons facing revocation of their professional licenses.

• Apart from actual case litigation, Mr. Canty is an appointed member of the Montana Supreme Court Civil Jury Instructions Advisory Commission; recently served as a consultant to a major northwestern U.S. corporation in preparing its CEO and other executives for hearings before a regulatory agency; manages BKBH’s representation of ranches producing organic beef, has represented the interests of a well-known Montana artist and designed an electronic discovery protocol for a major Montana health care system.

Professional Experience

PARTNER, BROWNING, KALECZYC, BERRY & HOVEN, P.C.
2008 – present (Partner since Jan., 2010)
Helena, Montana 
Defense Trial Lawyer specializing in medical malpractice defense, railroad injury litigation defense (FELA), environmental/natural resource defense, criminal defense, personal injury defense and general litigation.

ASSISTANT ATTORNEY GENERAL, STATE OF MONTANA DEPARTMENT OF JUSTICE
2003 to March 2008
Helena, Montana
Prosecutor responsible for major felony cases in jurisdictions throughout Montana with successful jury trial experience in cases of: Capital homicide (killing of police officer); Homicide(Billings daycare operator causing death of infant by unauthorized administration of Benadryl- trial televised live nationwide on Court TV); Sexual assault and rape (minister of church in Livingston who raped/assaulted children in congregation).

SPECIAL ASSISTANT UNITED STATES ATTORNEY, DISTRICT OF MONTANA
2004 to 2008
Billings, Montana 
Appointed to Assist United States Attorney in prosecution of federal crimes.

INVESTIGATOR, ASSISTANT TO CHIEF STAFF ATTORNEY, THE JUDICIARY OF THE STATE OF HAWAII
2002
Honolulu, Hawaii
Tasked with statewide responsibility in a branch of government consisting of 1,800 employees of investigating allegations of theft, misuse of government property, equipment and time, harassment, and acts casting impropriety on the Judiciary.

DEPUTY COUNTY ATTORNEY, CITY & COUNTY OF BUTTE-SILVER BOW, MONTANA
1990 to 2001
Butte, Montana
Prosecution of approximately forty felony criminal cases annually on behalf of the State of Montana and the City and County of Butte-Silver Bow, an incorporated political subdivision of the State of Montana. Criminal jury trials in cases of homicide, attempted homicide, aggravated assault, robbery, rape, theft, forgery and DUI.  Provided civil counsel including litigation, court appearances, contract preparation and negotiation for agencies of local government.
 
LAW CLERK, POORE, ROTH & ROBINSON, P.C.
1987
Butte, Montana