Photo of David B. Kesler

David B. Kesler

Of Counsel
Chattanooga Office

Volunteer Building Suite 1200
832 Georgia Avenue
Chattanooga, TN 37402-2289

David Kesler concentrates his practice in employment law and defending employers in employment litigation and arbitrations. He has represented a number of national and international corporate clients in employment litigation in state and federal courts throughout the country. He has been lead counsel at all stages of the litigation, including discovery, summary judgment, bench and jury trials, and appellate argument. He was part of a team that completed the successful representation of a national client in having a class action discrimination lawsuit decertified. Mr. Kesler regularly represents employers in the investigation and defense of charges of discrimination filed with the Equal Employment Opportunity Commission ("EEOC") and comparable state agencies, including preparation of position statements in response to charges, participation in on-site interviews, and negotiation of conciliation agreements. Mr. Kesler regularly counsels employers in employment decisions, including hiring, promotions and terminations, and drafts employment contracts and separation agreements. He also assists clients in drafting employment policies and generally in complying with the various federal, state and local statutes and regulations affecting the employment relationship.

Prior to joining Miller & Martin, Mr. Kesler was a partner in the law firm of Brown Dobson Burnette & Kesler (1984-1998), and prior to that he was an associate and partner in the firm of Strang Fletcher (1973-1984) where he began his representation of the Tennessee Credit Union League, other statewide credit union organizations and several individual credit unions. He has been representing credit unions in a wide variety of engagements for more than 40 years.

Representative Experience
  • Represented large corporate client in ten plaintiff case in state and federal courts in North Texas.
  • Represented large corporate client in five plaintiff case in Atlanta, Georgia.
  • Represented large corporate client in five plaintiff case in Little Rock, Arkansas.
  • Represented large corporate client in class action in state and federal courts in Ohio alleging harassment and hostile work environment.
  • Represented large corporate client in nationwide putative class action in New Jersey alleging discrimination.
  • Represented large corporate client in potential class action discrimination case in New York. Claims of 70+ claimants were settled through specifically negotiated voluntary dispute resolution agreement.
  • Represented client with catastrophic injuries in state court litigation and obtained significant settlement.
  • Represented the Tennessee Credit Union League.
  • Assisted in drafting of legislation that created the State Credit Union Share Insurance Corporation (SCUSIC) and represented SCUSIC for several years after its formation.
  • Assisted in drafting of legislation that created Volunteer Corporate Credit Union and represented Vol Corporate for several years after its formation.
  • Represent numerous credit unions in middle and eastern Tennessee in a wide variety of legal issues.
  • "Strategically Taking the Target Off Your Back -- How to Avoid 'Inviting' Future Employment Lawsuits," Tennessee State SHRM Conference
  • "Credit Union Governance"
  • "Landmines That You May Be Walking Through Without Even Knowing It"
  • "Top Ten List - Mistakes Managers Make That Can Get You Sued"
  • Documentation in Employment Files
  • Leaves of Absence
  • Solving the ADA Problem
  • Interaction Between ADA, FMLA and State Workers' Compensation Laws
  • Corporate Governance and numerous other topics of interest to credit unions
Other Professional Accomplishments
  • Received Albert Hodge Volunteer Service Award by the Chattanooga Bar Association
  • Selected for inclusion in Mid-South Super Lawyers®, 2010-2011 & 2014-2015
  • Has tried more than 20 jury trials to verdict
  • Has argued cases before two Federal Courts of Appeal, two state Courts of Appeal, and the Tennessee Supreme Court
  • Currently on the Panel of approved Mediators for U.S. District Court for Eastern District of Tennessee
  • Has served as a mediator, court-appointed neutral in federal court, and panel arbitrator for the National Arbitration Forum
  • Has served as a certified Tennessee Supreme Court Rule 31 Mediator from 1996 - 2000
  • Awarded the Chattanooga Bar Association 2015 Albert L. Hodge Volunteer Award
  • "Step-by-step Guide to Investigating Workplace Harassment Claims," Tennessee Employment Law Letter, April, 2010
  • "EEOC Determination of Cause: Probative or Prejudicial Evidence," The Journal of the Trial Evidence Committee of the ABA, December 2009
  • "Don't Forget that Other Protected Class," Commercial Network Magazine, January, 2004