Resume

Monty A. McIntyre, Esq.
Business and Civil Trial Lawyer

Monty A. McIntyre is a business and civil trial lawyer who applies his 36 years of experience to help clients avoid litigation when possible, settle lawsuits that can be settled, and vigorously and effectively represents clients in jury and judge trials and arbitrations when cases need to be tried.

Mr. McIntyre is a leader in the local and national legal community. He served as the President of the San Diego Chapter of the American Board of Trial Advocates (ABOTA) in 2014, and the San Diego County Bar Association in 2002. From 2005 to 2012 Mr. McIntyre served as a delegate in the American Bar Association House of Delegates. From 2006-2010, he served as a member of the ABA Standing Committee on Judicial Independence. From 2003-2006, Mr. McIntyre was a member of the Executive Council of the National Conference of Bar Presidents.

Business and Civil Litigation

Mr. McIntyre is a business trial lawyer who represents businesses and individuals in business and commercial litigation including partnership dissolution, breach of contract, fraud, breach of fiduciary duty, insurance, trade secrets, unfair competition, intellectual property, real property, employment and other business and commercial disputes.

As a civil trial lawyer, Mr. McIntyre represents companies and individuals in insurance bad faith and coverage litigation, and catastrophic brain or spine injury and wrongful death cases. (Referral fees in tort cases can be paid to referring attorneys, consistent with the California Rules of Professional Conduct.)

Mr. McIntyre has tried to conclusion more than 100 cases, including over 32 civil jury trials. He has obtained more than $50 million in settlements and verdicts for plaintiff clients, and has obtained numerous defense verdicts, summary judgments and favorable defense settlements for defendant clients. If his schedule permits, Mr. McIntyre may agree to come into a case as lead trial counsel shortly before trial.

From 2012 to the present Mr. McIntyre has been listed in The Best Lawyers in America. From 2007 to the present, Mr. McIntyre has been named as a San Diego Super Lawyer (top five percent of San Diego lawyers) and he has also been selected several times as a Top Attorney by the San Diego Daily Transcript. Mr. McIntyre has been a member of the American Board of Trial Advocates (ABOTA) since 1995, is a Master in the Enright American Inn of Court, has received two Outstanding Trial Lawyer Awards from the Consumer Attorneys of San Diego, and is “AV” rated by Martindale-Hubbell.

Mediation and Arbitration

Mr. McIntyre has extensive experience serving as a mediator, arbitrator and referee.

Education Background

Mr. McIntyre received his B.A., cum laude, from the University of California, San Diego in 1977. He earned his law degree from the University of San Diego School of Law in 1980. While attending law school, Mr. McIntyre was a member of the USD Moot Court Board, was Chief Justice of the Honor Court, and was named to the Order of the Barristers.

Employment Background

Before starting his current firm, Mr. McIntyre was a partner for eleven years with Seltzer Caplan McMahon Vitek, one of the oldest and most respected law firms in San Diego. At Seltzer Caplan Mr. McIntyre practiced business and civil litigation and mediation and arbitration of civil matters. Before joining Seltzer Caplan Mr. McIntyre was a principal in the San Diego firms of McIntyre & McIntyre and Thompson & McIntyre, where he practiced civil litigation, mediation and arbitration of civil matters. As a young lawyer Mr. McIntyre was fortunate to learn from trial masters and work on both plaintiff and defendant tort cases when he was an associate attorney at McInnis, Fitzgerald, Rees, Sharkey & McIntyre.

Representative Matters

Business and Complex Litigation
◦ Obtained a unanimous jury verdict (12-0) for his business defense clients in a business fraud case where the plaintiffs asked the jury to award over $12 million in damages. Later obtained a judge verdict for his defense clients on the remaining equitable issues where the plaintiff asked for over $13 million in damages.
◦ Represented a management company as the plaintiff in a federal business litigation and Indian law case. Negotiated a $2.68 million stipulated judgment while awaiting the United States Supreme Court’s decision regarding certiorari.
◦ Obtained a unanimous jury verdict (12-0) for his business defense client in a promissory fraud case where plaintiff sought over $1 million in damages
◦ Obtained a unanimous jury verdict (12-0) for his business plaintiff client, and payment in full of a judgment of $267,080.66, in a breach of oral contract case arising from the purchase of ten percent (10%) of a forty percent (40%) membership interest in a limited liability company
◦ Successfully defended a Fortune 500 company in a case alleging fraud and mismanagement in the operation of an ambulatory surgery center.
◦ Represented a major pharmaceutical company as the plaintiff in a construction case involving failed exterior metal panels. Successfully obtained a settlement of over $1.3 million.
◦ Defended a major league baseball player against claims of sexual abuse. Successfully arranged a pre-lawsuit deposition of the plaintiff, and a pre-lawsuit mediation where the case was settled confidentially.
◦ Successfully defended a British online retail company against claims including breach of contract and fraud arising from the purchase of a music inspired clothing company that had been created by one of the founders of the band Blink 182.
◦ Successfully defended directors and officers of two California corporations from claims of fraud, mismanagement and breach of fiduciary duty made by minority shareholders.
◦ Defended a multi-million dollar public works contracting corporation from claims by a person alleging they owned a ten percent (10%) shareholder interest in the company.
◦ Defended a general contractor from catastrophic tort claims by a plaintiff who suffered a double amputation.
◦ Represented plaintiffs and defendants in corporate, partnership, and limited liability company disputes among shareholders, partners and members.

Bad Faith Litigation
◦ Obtained an insurance bad faith settlement of $7 million for a company whose fire loss claim was denied by an excess carrier.
◦ Obtained a $1.6 million settlement for a physician whose disability claim was denied by his carrier.
◦ Secured a bad faith judgment of $1.06 million for a physician denied indemnity by his carrier.
◦ Successfully assisted numerous disability or life insurance claimants in getting their claims paid.
◦ Successfully obtained defense and indemnity for numerous policyholders under liability policies.
◦ Successfully defended insurance carriers in numerous bad faith cases.

Brain Injury Litigation
◦ Obtained a settlement of $19 million for a brain-injured client.
◦ Obtained a $1.1 million settlement for a brain-injured client.

Land Use Litigation
◦ Successfully represented developers and business entities in CEQA and land use litigation.

Wrongful Death Litigation
◦ Successful representation of numerous heirs and families in numerous wrongful death cases.

Other Matters
◦ Successfully represented plaintiffs and defended individuals and business entities in numerous business, CEQA, corporate, construction, fraud, insurance bad faith, land use, limited liability company, partnership, personal injury, medical malpractice, real property and wrongful death cases.
◦ Representation of medical professionals in California Medical Board and hospital administrative proceedings, and attorneys in State Bar court proceedings.

Professional Affiliations & Admissions
◦U.S. Supreme Court
◦Supreme Court of California
◦State Bar of California
◦U.S. Ninth Circuit Court of Appeals
◦U.S. District Court for the Northern, Central, Eastern, Southern Districts of California
◦American Board of Trial Advocates, San Diego Chapter (President 2014)
◦San Diego County Bar Association (President 2002, Vice President and Director 1999-2001)
◦National Conference of Bar Presidents (Executive Council Member 2003-2006)
◦Delegate from the San Diego County Bar Association in the ABA House of Delegates (2005-2012)
◦ABA Standing Committee on Judicial Independence (2006-2010)
◦American Inns of Court, William B. Enright Chapter (Master)
◦American Inns of Court, Louis M. Welsh Chapter (Barrister 1986-1987)
◦The Lincoln Lectures (Founder)
◦Consumer Attorneys of San Diego (Treasurer, Parliamentarian, Board Member, 1991-1995)
◦Judge Pro Tem and Arbitrator, San Diego County Superior Court
◦USD Law School Alumni Association (Board of Directors, 1988-1990, 1984-1986)
◦Lawyers Club of San Diego (a continuous member from the start of his law practice)
◦State Bar Rules of Court Committee (1990-1991)
◦Barristers Club (Board of Directors, 1982-1984)

Community Affiliations
◦San Diego School of Christian Studies (Founding Co-Chair, 1985-1990)
◦Point Loma Community Presbyterian Church (President, Men’s Fellowship, 1998; President, Board of Trustees, 1997; Elder, 1995-1997)
◦Christian Executive Officers (Board of Directors 1997-2003)
◦Foothills United Methodist Church (Worship Leader and member of band “Witness” 1997-2004)

Publications & Speaking Engagements
◦Publisher, McIntyre’s California Civil Alert
◦Demonstrator and Workshop Leader, San Diego Inn of Court
◦Founder of the Lincoln Lectures, speaker on Law Office Management
◦Publisher, McIntyre’s California Reporte
◦Panelist on numerous programs for the San Diego County Bar Association, Consumer Attorneys of San Diego, CEB,
Consumer Attorneys of California, and Southern California Defense Lawyers Associatio
◦Author of more than 100 articles on evidence, tort, trial practice and mediation published in California Lawyer, CAOC
Forum, Los Angeles Daily Journal, Trial Bar News, ABTL Report, Dicta and other legal publications
◦Medical Malpractice Law Editor, San Diego Trial Lawyers Association, Trial Bar News (1986, 1987)
◦Evidence Law Editor, Consumer Attorneys of San Diego, Trial Bar News (1988-2004)
◦Chair and Co-Chair, Consumer Attorneys of San Diego, Evidence Law Seminar (1989-1996)

Professional Awards & Honors
◦Listed every year since 2012 in The Best Lawyers in America.
◦Listed every year since 2007 as a San Diego Super Lawyer (Top Five Percent of San Diego Lawyers)
◦Selected as a Top Attorney by the San Diego Daily Transcript in multiple years between 2007 and the present
◦American Board of Trial Advocates
◦Master, William B. Enright Chapter, American Inns of Court
◦Outstanding Trial Lawyer Award, San Diego Trial Lawyers Association for Lugo-Thompson v. Gerber
◦Outstanding Trial Lawyer Award, San Diego Trial Lawyers Association for Mineo v. The Doctors’ Company
◦Rated “AV” by Martindale-Hubbell
◦Included in the Martindale-Hubbell “Bar Register of Preeminent Lawyers”

Copyright © 2016 Monty A. McIntyre, Esq.