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David K. Montgomery

Principal
Cincinnati

P 513-898-0050
F 513-898-0051
David.Montgomery@jacksonlewis.com

Biography

David Montgomery is a Principal in the Cincinnati, Ohio, office of Jackson Lewis P.C. He represents employers throughout the country on the full range of labor and employment related issues.

Mr. Montgomery serves as primary employment counsel for numerous national employers and has extensive experience representing clients across industries including in financial services, insurance, pharmaceuticals, healthcare, food/beverage manufacturing, transportation, telecommunication and technology, and non-profit.

Mr. Montgomery regularly advises and defends employers in connection with employment discrimination charges and lawsuits, whistleblower/public policy claims, FMLA and workplace harassment claims, and wage and hour class actions. He also has prosecuted and defended trade secret and unfair competition lawsuits.

Mr. Montgomery has represented clients in National Labor Relations Board proceedings, union organizing drives and elections, arbitrations, contract negotiations, strikes and corporate campaigns. He has experience with cases and negotiations involving various unions, including 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 the full suite of issues affecting the employee-employer relationship.

Representative Litigation Experience

  • 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.

Representative Class/Collective Action Experience

  • 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.

Honors and Recognitions

  • Cincinnati Magazine "Top 100 Lawyers in Ohio" (2008)
Best Lawyers Award Badge

Professional Associations and Activities

  • Cincinnati Bar Association

Pro Bono and Community Involvement

  • Hatmaker Foundation, a non-profit established to support school’s academic programs, Founder/Director
  • Oyler School, a Cincinnati Public School in Lower Price Hill, Member of Local School Decision Making Committee
  • Wyoming Youth, Vice President

See AllDavid K. Montgomery in the News

August 15, 2017
Jackson Lewis

Best Lawyers in America© Honors Jackson Lewis Attorneys in Its 2018 Edition

August 15, 2017

WHITE PLAINS, NY (August 15, 2017) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce 193 attorneys, were recognized in the 2018 Edition of The Best Lawyers in America©, a publication that has become universally regarded as the definitive guide to legal excellence. The Best Lawyers lists are... Read More

August 15, 2016
Jackson Lewis

Jackson Lewis Attorneys Recognized in the Best Lawyers in America© 2017

August 15, 2016

WHITE PLAINS, NY August, 15, 2016 – Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce that more than 145 attorneys throughout the firm’s 57 locations have been named to the Best Lawyers in America© 2017. In addition, 13 attorneys were named “Lawyer of the... Read More

August 17, 2015
Jackson Lewis

Jackson Lewis Attorneys Recognized in The Best Lawyers in America© 2016

August 17, 2015

WHITE PLAINS, NY (August 17, 2015)  Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce 137 of the firm’s attorneys have been named to the 2016 edition of Best Lawyers. In addition, 10 attorneys were named “Lawyer of the Year” in their respective... Read More

See AllPublications

January 17, 2017

Kentucky Passes Right-to-Work Law: FAQs on What This Means to Kentucky Employers and Their Employees

January 17, 2017

Kentucky has passed House Bill 1, the Kentucky Right to Work Act, making Kentucky the 27th state to adopt right-to-work legislation. The January 7, 2017, passage of the Kentucky Right to Work Act provoked a passionate debate between the business and union community (video of the Governor Matt Bevin’s testimony is available here).... Read More