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Daniel L. McClain
Partner
Practice Focus:
- Commercial Litigation
- Construction Litigation
- Real Estate and Mortgage Litigation
Representative Experience:
Defending financial institutions in numerous second mortgage class actions pending in Missouri. In the only case that has been tried, settled claims against Client at trial for $65,000 where claims were in the millions.
Successfully defended international EPC contractor in AAA arbitration arising from design and construction of Pennsylvania biodiesel facility under cost-plus contract. Owner of facility sought $19.4 million in damages arising from alleged design defects, purported financial irregularities, and alleged "mismanagement" of project. Following three-week evidentiary hearing, arbitrators awarded owner less than one percent of amount claimed.
Defended design-build contractor against $13 million claim by subcontractor arising from construction of refinery. The case was set on a compressed schedule, requiring SAK Firm to analyze 120,000 documents, take and defend 25 depositions, and arbitrate in less than six months. Client admitted partial liability. After a two-week hearing, the panel awarded Claimant 28% of its demand, less than Client’s settlement offer.
In bench trial, obtained judgment in favor of developer against commercial tenant in suit to determine ownership of $1 million in equipment, furnishings and fixtures under “turnkey” lease.
Defended developer against claims for defective design and construction of high-end condominiums. After discovery and disclosure of developer’s expert reports, plaintiff home owners’ association voluntarily dismissed suit.
Defended medical LLC against claims by withdrawn corporate member for breach of contract, injunctive relief and an accounting. Obtained partial summary judgment in favor of Client. Remaining claims resolved via settlement.
Prosecuted and defended claims among shareholders/members arising from the breakup of real estate investment company and its corporate affiliates. Obtained TRO in favor of Client. Case later resolved via settlement.
Represented utility in proceeding to condemn utility easements for high-voltage power line. After discovery and pretrial conference, resolved via settlement.
In separate cases, defended two title agencies and their principals against $50 million in claims arising from complex mortgage fraud schemes involving hundreds of properties. Resolved via settlements.
In three-day arbitration, defended national settlement service provider against RESPA, conspiracy and tort claims. Award in favor of Client.
Admissions:
- Missouri Supreme Court
- Kansas Supreme Court
- United States District Court for the District of Kansas
- United States District Court for the Western District of Missouri
- United States Court of Appeals for the Tenth Circuit
- United States Court of Appeals for the Eighth Circuit
Education:
- J.D., with high distinction, University of Iowa College of Law, 1992
- B.A., with highest distinction, University of Iowa, 1988
Memberships & Recognitions:
- AV-Rated by Martindale-Hubbell
- Listed in Missouri and Kansas Super Lawyers 2006, 2009 - 2011
- Kansas, Missouri and Kansas City Bar Associations
- Lawyers Association of Kansas City
- Kansas City Metropolitan Bar Association
Background:
- Scharnhorst Ast & Kennard, P.C., January 2008-present
- Rasmussen, Willis, Dickey & Moore, LLC, 2001-2007
- Lathrop & Gage, L.C. 1997-2001
- Shook, Hardy & Bacon, LLP 1994-1997
- Law Clerk, Hon. Joseph E. Stevens, Jr., U.S. District Court for the Western District of Missouri, 1992-1994
Personal:
Born in Cedar Rapids, Iowa in July 1966. Since moving to Kansas City in 1992, Dan has been an officer and director of various professional and civic organizations. Interests include hiking, biking, reading and spending time with his family.
Printable Bio (.PDF) |
