Daniel G. Tobben

Principal

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Phone 314.889.7125

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Bio

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 malpractice defense; transportation such as auto and trucking; 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. Occasionally he assists businesses and insurers with risk management advice.

Increasingly focused on issues affecting public pensions, especially regarding failure to fund, 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.

In addition to chairing Danna McKitrick’s litigation department, Dan heads its strategic planning committee, and has recently completed three years of service on the firm’s executive committee.

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.

Representative 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).


Education

  • J.D., cum laude, St. Louis University School of Law (1974), Order of the Woolsack, Moot Court (1973-74)
  • A.B., cum laude, Rockhurst College (1969), President Alpha Sigma Nu

Admissions

  • Missouri
  • U.S. Supreme Court
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. District Court, Eastern District of Missouri

Associations

  • International Association of Defense Counsel: Legal Malpractice and Errors & Omissions Sub-committee
  • National Association of Public Pension Attorneys
  • Missouri Organization of Defense Lawyers
  • The Missouri Bar
  • Bar Association of Metropolitan St. Louis
  • Association of Public Employee Retirement Systems (MAPERS)

Community Involvement

  • Clayton Chamber of Commerce: past president, former executive committee and board member
  • Graduate of Leadership Clayton, and program chair for two years
  • Life Crisis Services: former board and executive committee member