Daniel
G. Tobben
Dan Tobben serves as lead trial counsel primarily in the defense of insurance companies and their insureds. He also represents corporations, organizations, and individuals, and has substantial experience in the defense of attorneys in legal malpractice cases. 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 and, on appeal, the Missouri Supreme Court affirmed FRS prevailed on all issues. Payment of $49.4 million was received from St. Louis in September 2007, as a result of the victory.
Dan has led over 30 jury trials to conclusion with an ultimate win rate of more than 80 percent in state and federal courts.
He serves on the firm’s executive committee and heads the strategic planning committee. On behalf of the city of Clayton, Dan has served on committees relating to strategic issues.
Practice
Areas
Legal
Malpractice Defense; Government Litigation (Public Pension); Commercial and Civil Litigation; Personal
Injury Defense; Insurance
Law; Transportation
Education
J.D., cum laude, Saint 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
Professional 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
Publications & Speaking Engagements
Author: "The Missouri Supreme Court's Decision in Neske Appears to Have Confirmed That Public Employees Have Contractual Rights to Their Pensions, and That Governmental Units Must Fund Pensions to Conform With Principals of Actuarial Soundness" Public Pensions Online; "US: the Neske case" Pensions 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. Lecturer at related seminar
Author
and lecturer: "Ethical Challenges for the Personal Injury
Practitioner" and "Defense Perspectives on Damages,"
Personal Litigation Institute for Missouri Attorneys, NBI
Community Involvement
Clayton Chamber of Commerce: past president; former executive committee and board member
Graduate of Leadership Clayton, former program chair
Life Crisis Services, former board and executive committee member
Representative Cases
Neske, et al. v. City of St. Louis, et al., 218 S.W.3d 417 (Mo. 2007)
Firemen's Retirement System v. St. Louis. 789 S.W. 2d 484 (Mo.banc 1990)
