Daniel R. McElroy
Bartlit Beck Herman Palenchar & Scott LLP, 2013-Present, Partner (since 2018)
Cases tried or otherwise taken to judgment
Adinolfe et al v. Pratt & Whitney (S.D. Fla.)
Lead 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.
Slawson Exploration Co. v. Department of Interior (U.S. District Court, 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.
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
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.
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. Mr. Rose alleges that he lost his vision due to constitutionally inadequate treatment of his glaucoma while he was incarcerated at Sheridan Correctional Center.
- Adinolfe et al v. Pratt & Whitney (2018)