Mr. McLean’s career has provided him with diverse experience in a number of areas. As a young lawyer, Dave’s practice included criminal defense work and a personal injury practice, which provided a foundation for his future litigation work.

Currently, Dave practices in civil litigation, focusing on injury and wrongful death litigation; employment litigation; Director and Officer liability; Errors and Omissions; and traditional insurance defense.

In addition, Dave provides representation to Benefis Health System in Great Falls, St. Peter’s Hospital in Helena, and Northern Montana Health Care in Havre. The representation of these clients involves general liability issues, as well as employment law issues.

Further, Dave assists a number of clients and their insurers in personal injury defense, dramshop litigation, the Montana Equine Activity Act, employment law, and wrongful death. 

What follows is a chronological summary of Mr. McLean's litigation managemenet experience.

Hoover v. Brian’s Auto (2010).   Dave McLean defended Brian’s Auto in a claim alleging breach of contract, violation of the Montana Consumer Protection Act, Breach of Implied Covenant of Good Faith and Fair Dealing, and fraud. The case arose out of mechanic work performed by Brian’s Auto that the Plaintiff asserted was defective. The case was tried before a jury in February 2010 and the jury returned a unanimous defense verdict after 15 minutes of deliberation.

Brock v. Davis Transport (2010). Dave McLean and Ryan Willmore defended Davis Transport in an employment claim brought by the Plaintiff. Plaintiff claimed he was wrongfully discharged from his employment. Summary Judgment was obtained on behalf of Davis Transport.

Fritz v. Kmart (2010).  A former employer filed this wrongful termination case. After discovery occurred, the parties attended mediation, but Kmart refused to accept Plaintiff’s final demand. After mediation concluded, negotiations continued and the case was resolved on terms favorable to Kmart.

Watson v. West (2010).   Dave McLean and Ryan Willmore represented Mr. Watson in a claim against Ms. Devra West. The case arose from a consulting relationship between the two parties. Watson filed a claim for breach of contract, fraud, constructive fraud, unjust enrichment and constructive discharge. A judgment was obtained in the amount of $736,000.00. West appealed the decision to the Montana Supreme Court, and the case was remanded for a re-determination on damages. The parties are waiting for the Court’s revised damage award.

O’Haneson v. Immanuel Lutheran Corporation of Kalispell d/b/a Immanuel Lutheran Home (2009). Plaintiff alleged discrimination based on her Alzheimer condition when she was transferred from Immanuel Lutheran to a new assisted living center. The case was investigated by the Montana Human Rights Bureau. Dave McLean and Ryan Willmore successfully secured dismissal of the claim.

Koepke v. Gateway (2009).  Plaintiff alleged she was discriminated against by her former employer and submitted a claim to the Montana Human Rights Bureau. After conducting its investigation, the Human Rights Bureau dismissed the Complaint.

Larson v. Kmart (2008). Plaintiff alleged she was wrongfully terminated by her former employer. Discovery was conducted and a mandatory mediation occurred. The case was resolved on terms favorable to Kmart for less than anticipated defense costs.

Cole v. Benefis Healthcare (2008).  Dave McLean defended Benefis in this religious discrimination claim. Plaintiff asserted she was discriminated against, and ultimately terminated, as a result of her religious affiliation and beliefs. Benefis responded to the allegations and after fact finding occurred, this claim was dismissed.

Brese v. K-Mart II (2008).  Dave McLean and Ryan Willmore defended K-Mart in Ms. Brese’s retaliation claims. The claimant asserted K-Mart retaliated against her for filing a discrimination claim by refusing to promote her. In addition, Ms. Brese alleged K-Mart retaliated against her by giving a poor job reference to a prospective employer due to the filing of a discrimination claim. The claim proceeded to hearing in October, 2007, post-hearing briefing occurred and the claim was dismissed. Claimant then proceeded with her claim into District Court. K-Mart submitted a Motion to Dismiss Plaintiff’s claim in the District Court, which was granted. Hartman v. Community Daycare (2008) Dave McLean represented Community Daycare in a discrimination claim submitted by a mother on behalf of her children. The Montana Human Rights Bureau conducted an investigation into the matter and the case was resolved without any monetary compensation.

Hartley v. Watkins-Shepard Trucking, Inc. (2008).   Ms. Hartley filed a wrongful termination claim against Watkins-Shepard Trucking, Inc., who is represented by Dave McLean. The case was pending in the Montana Fourth Judicial District Court, Missoula County. Prior to completing discovery, the case was resolved on terms favorable to Watkins-Shepard for a sum below budgeted defense litigation costs.

Smith v. Benefis Healthcare (2008).  Dave McLean represented Benefis in a discrimination claim filed by a former employee. Ms. Smith claimed she was discriminated against based on her gender. After witness interviews were completed and information was compiled and provided to the Human Rights Bureau, the claim was dismissed with a finding no discrimination occurred.

Barrow v. Benefis Healthcare (2008).  Benefis was successfully defended by Dave McLean in this discrimination case. Ms. Barrow claimed she was discriminated against based on her pregnancy. Benefis responded to the claim, provided documents and witness statements to the Human Rights Bureau resulting in the claim being dismissed with a finding no discrimination occurred.

Shunk v. K-Mart (2007).  Dave McLean and Ryan Willmore represented K-Mart in Mr. Shunk’s claim that his termination from employment was wrongful. Mr. Shunk was one of three employees in one store who lost employment positions due to restructuring. Mr. Shunk challenged the evaluation process and its methods that resulted in his selection for termination. After written discovery was completed and several depositions concluded, the claim was resolved at a Court mandated settlement conference on terms favorable to K-Mart, and well below the defense costs that would have been incurred had the case proceeded to trial.

Brese v. K-Mart I (2007).  Dave McLean and Ryan Willmore represented K-Mart in a discrimination claim asserted by a former employee. Ms. Brese alleged discrimination based upon an actual or perceived disability. The case proceeded through a contested case hearing before a Human Rights Bureau Hearing Examiner where numerous witnesses presented testimony over the course of two (2) days. After considering the witness testimony, the claim was dismissed in favor of K-Mart.

Adorno v. 131 WS. Higgins, LLC d/b/a The Wilma Building, et al. (Mont. 2007).  Dave McLean and Ryan Willmore defended the building owner in this wrongful death case. Plaintiff filed suit against numerous Defendants on behalf of his deceased sister after she died from injuries sustained in a fall from the rooftop of a building. A dispositive motion seeking dismissal of the claim was filed and fully briefed. The Court granted the Motion and dismissed the building owners from the case.

Cook v. Ellison Development, et al. Dietz v. Ellison Development, et al. (2007).  Dave McLean and Daniel Auerbach represented Ellison Development in three cases seeking damages against the developer, engineer and contractor. The claims were filed by owners of property adjoining the subdivision and development area. After water and sewer lines were installed to serve the developed property, the adjoining property owners alleged their homes began experiencing flooding issues. Ellison Development submitted a Motion for Summary Judgment, which was granted, and they were dismissed from the claims.

Hoerning v. Elkhorn Hot Springs, Inc. et al. (2007).  Dave McLean and Ryan Willmore represented a hot springs resort in a slip and fall claim. Plaintiff sustained injuries to her leg and knee after falling at the premises, and underwent two surgeries to repair the damage. The case was resolved on terms favorable to the Defendants.

Gierbolini v. Corrections Corporation of America (2006). Dave McLean and Ryan Willmore represented CCA before the Montana Human Rights Commission in a claim filed by a former employee alleging discrimination and seeking $1.6 million in damages. The case proceeded to hearing, and witness testimony consumed six (6) days. Once the hearing concluded, $90,000 was awarded, and an appeal ensued. While on appeal, the case settled on terms favorable to CCA and considerably less than the demand initially made by the employee, and far less than the $1.6 million requested at hearing.

Marsell v. Heart of the Valley, Inc. (2006).  Dave McLean represented Heart of the Valley in this discrimination claim filed with the Montana Human Rights Bureau. The claim asserted that a former employee was discriminated against, and ultimately terminated, due to a disability. The case proceeded to mediation, where an offer was extended for less than the defense costs that would be incurred to defend the case. The claimant rejected the offer and the case began moving towards a contested hearing. Ultimately, the claimant sought to accept the offer previously extended at mediation. The claim was then resolved on terms favorable to the employer, with significant cost savings over completing discovery and proceeding to a contested case hearing.

Byerley v. Cochran and Kampgrounds of America (KOA) (Mont. 2006).   Dave McLean represented the Defendants in a case arising from a propane fire that destroyed a recreational vehicle. Plaintiff claimed propane tanks on his recreational vehicle were negligently filled by the Defendants, resulting in the explosion and subsequent fire. Through investigative efforts, it was discovered Plaintiff had been involved in other propane fires. The case was then resolved on terms favorable to the Defendants, for an amount less than Plaintiff's documented property loss.

Hendrickson v. The 44 Bar (2006).  Dave McLean and Ryan Willmore represented The 44 Bar in a wrongful death claim which arose after an underage patron, who had allegedly consumed alcohol at the establishment, was killed when attempting to drive home. The case was resolved on terms favorable to the defendants, and for substantially less than the economic damages claimed.

Neumiller v. Boardroom Lodge (2004).  Dave McLean defended a Missoula bar being sued for injuries sustained by a patron involved in an altercation in the bar. Plaintiff claimed his neck was broken by a bouncer while being escorted from the premises. BKBH submitted motions to limit the damages Plaintiff could recover at trial. During the final pretrial conference, the Court limited the damages Plaintiff could argue to the jury and the case was resolved immediately prior to trial on terms favorable for the Defendant.

State of Montana v. Taylor (2004).  Dave McLean represented an alternative livestock producer who was accused of allowing the illegal slaughter of elk he was raising on his alternative livestock ranch. The case proceeded to trial in Fergus County, Montana. After three days of testimony, the case was presented to the jury for consideration. The jury deliberated for less than one-half hour and returned a unanimous verdict in favor of the alternative livestock producer. Undeterred by the jury’s verdict, the State pursued a second claim against the livestock producer. The second case proceeded to trial, and after two days of testimony, a second jury again returned a unanimous verdict in favor of the producer after deliberating less than one hour.


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