David M. McLean

Bio

Dave McLean is a native of Montana and earned his Bachelor’s degree from Carroll College in Finance, Management and Economics and his Juris Doctor from the University of Montana School of Law in Missoula. He is a member of the Montana Bar, Defense Research Institute (DRI), Montana Defense Trial Lawyers, Litigation Counsel of America, American Association for Justice. He is listed in the Best Lawyers in America and has achieved an AV rating from Martindale-Hubbell. Dave is a member of the International Association of Defense Counsel (IADC), an invitation-only professional association for corporate and insurance defense lawyers around the world. In addition, Dave is also listed in Chambers USA leading lawyers.

Dave is admitted to practice in Montana State and Supreme Courts, the U.S. District Court for the District of Montana, the United States Court of Appeals for the Ninth Circuit, and the United States Supreme Court. Dave’s principal areas of practice include General Civil Litigation, Hospital/Health Care Defense, Insurance Defense, Employment/Labor Litigation, Personal Injury, Premises & Product Liability, Professional Liability, Business Litigation, Civil Rights Litigation, Construction Law, and Agricultural Litigation.

Dave is located in the firm’s Missoula office. He is married with three children. His outside interests focus on enjoying the many outdoor recreational opportunities Montana offers.

Representative Matters

• Obtained a unanimous jury defense verdict after less than 15 minutes of deliberation for an auto repair facility accused of faulty and unprofessional work.
• Successfully defended a hospital accused of discrimination and failure to accommodate a hearing impaired individual
• Secured dismissal of a disputed liability automobile accident case prior to concluding discovery.
• Prevailed in an age discrimination lawsuit tried before the Montana Human Rights Bureau.
• Granted summary judgment in a case for a large employer accused of wrongfully discharging an employee.
• Successful defense of an employer accused of religious discrimination.
• On behalf of an employer, prevailed on two claims asserted by an employee after hearings were concluded before an Administrative Law Judge. The first claim successfully defended was a disability claim asserted by a former employee. Former employee then filed a second claim asserting retaliation and the employer again prevailed on the claim.
• Obtained Summary Judgment in an agricultural leasing dispute case.
• Prevailed in a claim for an employer accused of discrimination based on race, color and national origin.
• Awarded dismissals in multiple discrimination cases filed before the Montana Human Rights Bureau after investigations were concluded into the allegations.
• Successfully defended private property owners in multi-party claim who developed their land only to be accused of causing flooding to adjoining properties.

Professional Experience

BROWNING, KALECZYC, BERRY & HOVEN, P.C.
Helena, Montana
Partner, 2000 – present
Areas of Practice: Civil Litigation, Insurance Defense, Employment Litigation, Hospital/Health Care Defense, Personal Injury, Premises Liability, Professional Liability - Errors and Omissions, Professional Liability - Directors and Officers, Business Litigation, Medical Malpractice Defense, Prison Litigation Defense, Civil Rights Litigation, Construction Law, Agricultural Litigation, and Railroad & Federal Employers’ Liability Act (FELA) Defense.

DATSOPOULOS, MacDONALD & LIND, P.C.
Missoula, Montana
Associate, 1997 - 2000; Intern, 1995 – 1997
Areas of Practice: General Civil and Criminal Litigation, Personal Injury, Medical Malpractice, Family Law, Business, and Trial Practice

ACTING SUBSTITUTE JUSTICE OF THE PEACE
Missoula County, Missoula, Montana
1999-2000
Presided as a Justice of the Peace in Justice Court, overseeing trials, pretrial conferences, initial appearances and judicial proceedings in civil and criminal matters