Daniel G. Tobben
Dan Tobben, head of litigation at Danna McKitrick, serves as lead trial counsel primarily in the defense of insurance companies and their insureds. These matters include professional liability, particularly legal maptractice defense, commercial litigation, and fiduciary litigation for pension trustees. He also advises, negotiates, and litigates directly for the trustees of several public pension funds in Missouri and Illinois.
He has tried over 30 jury trials to conclusion with a high win rate, and has been very successful in cases before the appellate courts.
Increasingly focused on issues affecting public pensions, especially regarding failure to fund and benefit-related issues, Dan has won significant cases in the Supreme Court of Missouri in his representation of the Firemen’s Retirement System of St. Louis (FRS). He obtained an eight figure judgment for FRS when, on appeal, the Supreme Court of Missouri affirmed and FRS prevailed on all issues. Payment of $49.4 million was received from St. Louis in September 2007 as a result of this victory. He is also involved in issues regarding attempted benefit reductions.
In addition to chairing Danna McKitrick’s litigation department, Dan has headed its strategic planning committee for many years.
Dan, along with Kara Helmuth, was honored with a Missouri Lawyers 2013 Award for his work in 2012 on a legal malpractice lawsuit brought by Coin Acceptors, Inc.( "Coinco"). Collectively, the amount of claims against the attorneys and law firms who represented Coinco in its patent-infringement case totaled $28 million. Dan and the team received summary judgment and dismissal on the claims on behalf of their client.
Publications & Speaking Engagements
Author: “The Missouri Supreme Court’s Decision in Neske ...Governmental Units Must Fund Pensions to Conform With Principals of Actuarial Soundness,” Public Pensions Online; “US: the Neske Case,” Pension International; “Does a Guaranteed Right to Benefits Require Guaranteed Funding?” The NAPPA Report; “Defense Planning for the Automobile Accident Case” chapter.
Co-author: “Trial of the Case” chapter; “Uninsured Motorist” and “Underinsured Motorist” sections, Trying the Automobile Injury Case in Missouri, NBI.
Speaker: “Pension Plan Funding—A Case Study (Neske and Firemen’s Retirement System v. City of St. Louis), MAPERS Annual Conference.
Speaker: "The Move from the Funding Dispute to the Reduction of Benefits Battle," Missouri State Council of Firefighters 46th Biennial Convention, August 2011.
Speaker: "The Move from the Funding Dispute to the Reduction of Benefits Battle," International Association of Firefighters (IAFF) 2nd District Caucus, September 2011.
Representative Appellate Cases
Neske, et al. v. City of St. Louis, et al., 218 S.W.3d 417 (Mo. 2007).
Firemen’s Retirement System v. City of St. Louis. 789 S.W. 2d 484 (Mo.banc 1990).
- J.D., cum laude, St. Louis University School of Law (1974), Order of the Woolsack, (1973-74)
- A.B., cum laude, Rockhurst College (1969), Alpha Sigma Nu President
- U.S. Supreme Court
- U.S. Court of Appeals, Eighth Circuit
- U.S. District Court, Eastern District of Missouri
- International Association of Defense Counsel: Legal Malpractice and Errors & Omissions Sub-committee
- National Association of Public Pension Attorneys
- Association of Public Employee Retirement Systems (MAPERS)
- Missouri Organization of Defense Lawyers
- The Missouri Bar
- Clayton Chamber of Commerce: past president, former executive committee and board member
- 2013 Missouri Lawyers Award - "Missouri Attorneys Securing the Largest Defense Verdicts in 2012" - Coin Acceptors Inc. (“Coinco”) v. Haverstock, Garrett & Roberts et al.