Daniel R. McElroy
Bartlit Beck LLP, 2013-Present, Partner (since 2018)
Cases tried or otherwise taken to judgment
Adinolfe et al v. Pratt & Whitney (S.D. Fla.)
Trial counsel for Pratt & Whitney in environmental tort cases involving more than $1 billion in alleged property damage and personal injury claims arising out of the declaration of a “cancer cluster” in a neighborhood near Pratt & Whitney’s West Palm Beach facility. Defeated class certification (and excluded plaintiffs’ main expert) after a 5-day evidentiary hearing. Won summary judgment for two of the 21 related personal injury cases. The others have been stayed while one of the summary judgment orders is being appealed in the Eleventh Circuit. Bartlit Beck is serving as appellate counsel.
Slawson Exploration Co. v. Department of Interior (D. North Dakota)
Trial counsel for Slawson challenging Department of Interior ALJ stay that barred drilling at major oil and gas well in North Dakota. Court granted Slawson’s Motions for a Temporary Restraining Order and for a Preliminary Injunction, allowing drilling to proceed pending full agency review. Law360 coverage here and here.
The Department of the Interior has since issued a final agency order denying a Native American tribe’s challenge to Slawson’s drilling permits. The tribe sought to challenge that order in the District Court for the District of Columbia. Bartlit Beck successfully moved to transfer the case to the District of North Dakota, where the case is now pending.
Las Vegas Hepatitis C Litigation (District Court, Clark County Nevada)
Trial counsel for Defendants. Provided overall strategic direction in litigation encompassing over 40 individual cases, pending before approximately 20 different judges in state court in Las Vegas. Plaintiffs were individuals who claimed to have contracted Hepatitis C during endoscopy procedures performed at clinics that were on Defendants' networks of approved healthcare providers. Defendants were health plans and other entities affiliated with United Healthcare.
- Martin v. Pacificare of Nevada
Trial counsel for PacifiCare of Nevada on claims for negligence and punitive damages. Tried case to a jury verdict. The jury found compensatory damages substantially below the amount awarded in previous trials arising out of the same events and denied plaintiffs’ claim for punitive damages.
- Lynam v. Health Plan of Nevada
Trial counsel for Health Plan of Nevada on claims of negligence and punitive damages. Case settled shortly before trial.
- Paul v. Health Plan of Nevada
Trial counsel for Health Plan of Nevada on claims for negligence and punitive damages. Case settled during trial.
Other representative cases
EEOC v. FedEx Ground (W.D. Pa.)
Trial counsel for FedEx Ground in suit brought under the Americans With Disabilities Act by the EEOC on behalf of roughly 300 deaf FedEx Ground package handlers from around the country. The EEOC alleges that FedEx Ground failed to provide a variety of reasonable accommodations to these package handlers, such as ASL interpreters at employee meetings. FedEx Ground asserts a number of defenses, including that it does provide reasonable accommodations to its deaf package handlers.
ADT Wireless Litigation
Represented ADT in multiple class actions in both federal and state court across the country involving allegations of consumer fraud related to the alleged ability of ADT-monitored security systems with wireless sensors to be hacked. Helped negotiate a favorable, nationwide settlement.
Confidential Litigation Counseling
Advised Fortune 100 company in potential litigation resulting from numerous complex transactions. Developed plan for business to limit financial, reputational, and operational risk while preserving strong litigation positions. Litigation avoided.
Advised technology startup on potential litigation resulting from allegations of tens of millions of dollars in damages due to breach of contract. Litigation avoided.
Advised Fortune 100 company on potential litigation regarding allegations of nationwide gender discrimination.
Advised large multinational corporation on patent litigation risks of proceeding with development and sale of a product.
Rose v. Duffield et al (N.D. Ill.)
Pro bono counsel for a former inmate in a § 1983 suit against doctors and officials with the Illinois Department of Corrections for improper medical treatment that caused Mr. Rose to lose his vision. Case settled favorably after fact discovery.
- Adinolfe et al v. Pratt & Whitney (2018)