A Fellow in the American College of Trial Lawyers, R. Dan Boulware is recognized by his peers as among the top 1% of all trial attorneys in the country. He has served as lead trial counsel for many large, high-profile cases. He has recovered millions of dollars for his clients through trial and settlement. As chair of the firm's contingency fee practice, he offers clients arrangements that foster partnership and encourage creative approaches to achieving favorable outcomes. He is admitted to practice before the United States Supreme Court and numerous federal and state courts across the country.
Mr. Boulware is the managing partner of the firm's St. Joseph office. He has a strong commitment to community service. He wrote the initial "Chapter on Punitive Damages" contained in the Missouri Bar's Deskbook on Damages, and has lectured on that subject and other trial matters.
Although the focus of his practice is commercial litigation, his experience entails a wide range of civil disputes: contract and tort actions; bankruptcy adversary proceedings; health care litigation; oil and gas litigation; antitrust; civil RICO; insurance coverage disputes; director and officer liability disputes; and intellectual property disputes. A more extensive listing of Dan’s experience and case results is provided in the ‘Key Matters’ section.
Mr. Boulware is listed in The Best Lawyers in America
and Chambers USA
for his practice in Commercial Litigation.
Health Care Litigation
- On March 5, 2014, Mr. Boulware filed a mass action lawsuit in the United States Court of Federal Claims in Washington, DC styled Ideker Farms, Inc., et al v. United States of America, challenging the U.S. Army Corps of Engineers’ management of the Missouri River and seeking damages for the recurrent flooding along the Missouri River since 2006. The suit is one for inverse condemnation under the Fifth Amendment seeking recovery of losses exceeding $500 million alleging the unlawful taking of property without just compensation to 382 farmers, landowners, and businesses in Missouri, Kansas, Iowa, Nebraska, South Dakota, and North Dakota. The case is set for trial in 2017.
- In March 2013, following a federal court trial in January in Kansas City, Mr. Boulware secured a $12.25 million judgment for his client in a breach of contract action brought against a California company which is part of a Japanese conglomerate. The case was Sandra M. Jackson, Trustee vs. Mizuho Orthopedic Systems, Inc., Case No. 4:11-CV- 0799-GAF, filed in the United States District Court for the Western District of Missouri.
- Mr. Boulware represented the Plan Administrator and unsecured creditors in bringing $40 million in claims arising out of a large bankruptcy proceeding in Oklahoma City involving the build-out of a wireless communications network. The case settled in October 2011 subject to confidentiality. The Crossroads litigation, U.S. District Court for the Western District of Oklahoma, case no. 5:11-CV-00415-C.
- From 2005-2013, Mr. Boulware was lead counsel for the Receiver in a high-profile case pending in federal court in Kansas City involving the Housing & Economic Development Financial Corporation (HEDFC) and Kansas City's low income housing program.
- Mr. Boulware successfully represented Gray Manufacturing Company of St. Joseph, Missouri in federal court in the prosecution of a patent infringement action respecting wireless mobile column lifts for use in lifting vehicles against Strertil B.V. based in Kootstertille, Netherlands, and its U.S. subsidiary, Stertil-Koni, U.S.A Inc. The matter was settled in the fall of 2011 subject to confidentiality, but with a joint public press release whereby Stertil stipulated to the validity of the Gray patents and the parties entered into a license agreement.
- From 2010-2012, Mr. Boulware represented the National Credit Union Administration in an investigation and federal court litigation involving credit unions in the aftermath of the 2008 economic downturn.
- Representing 36 grocery retailers located in Missouri, Kansas and Arizona, he filed three cases in federal court prosecuting claims in excess of $250 million for product overcharges and racketeering against the grocery wholesaler, a Fortune 500 company, and its CEO. The cases became part of a federal court multi-district litigation assigned to the United States District Court for the Western District of Missouri, MDL No. 00-1351, In re Fleming Companies, Inc., Contract Litigation. The claims were settled, subject to confidentiality.
- Representing a plaintiff class consisting of more than 1,800 members of the International Association of Machinists Union, he brought a class action suit in federal court against TransWorld Airlines, Chase Manhattan Bank and individual members of a 401(k) pension plan trustee committee, claiming losses due to actions and omissions of the defendants. The $1.75 million court-approved settlement recovered 100% of the class' loss, exclusive of attorneys' fees and costs.
- Representing Community Health Plan, a St. Joseph based HMO and a subsidiary of Heartland Health, he secured a $14.5 million jury verdict against Missouri Consolidated Health Care Plan, a quasi-state agency responsible for the health care coverage of state employees, following a two-week trial held in Jefferson City.
- Representing the Hillyard Companies, a floor care product manufacturer, in product liability claims brought across the country, he successfully defended the client after the manufacturer of a synthetic sports floor alleged in a letter widely disseminated to floor owners that the client's floor care product damaged the synthetic floors. Mr. Boulware defended actions filed in Missouri, South Dakota, Wyoming, and Colorado. He prosecuted a counterclaim for trade disparagement against the synthetic floor manufacturer upon which a federal court jury in Missouri, following a 17-day trial, returned a verdict for $2.6 million, including $1 million in punitive damages in favor of the Firm's client.
- Representing a number of independent trucking contractors against a large interstate commercial carrier for fraud in conjunction with a fuel program, he secured a jury verdict of $4.7 million following a lengthy trial in state court. This case, along with a companion case, was later settled subject to confidentiality. The initial case is reported: Bob Moore, et al. v. Missouri-Nebraska Express, Inc., 892 S. W.2d 696 (Mo. App. 1994).
- Hired by the City of St. Joseph as special counsel, Mr. Boulware successfully defended the City in construction claims exceeding $15 million brought by the general contractor arising out of the construction of the City's secondary wastewater treatment plant in south St. Joseph, Missouri.
- Representing the Quaker Oats Company in Missouri for many years, Mr. Boulware has handled numerous actions in state and federal courts involving commercial, employment, and FELA claims.
- Representing a large design and engineering firm based in Pennsylvania, he successfully defended actions in state and federal courts in West Virginia on construction claims exceeding $16 million arising out of the design and construction of a mountaintop airport in Upshur County, West Virginia.
- Representing an officer and director of a convenience store chain sued for officer and director liability in federal court in Wichita, Kansas, Mr. Boulware successfully defended the client.
- Representing a St. Joseph animal pharmaceutical company, Mr. Boulware successfully handled a suit against the Missouri Board of Pharmacy securing a ruling of first impression under Missouri law that the provisions of the Missouri Pharmacy Practice Act do not apply to animals. The case was twice argued in the Missouri Supreme Court. United Pharmacal Company of Missouri, Inc. v. Missouri Board of Pharmacy, 2004 WL 913537. (MO App. W.D. April 30, 2004; United Pharmacal Co. of Missouri, Inc. v. Missouri Board of Pharmacy, 159 S.W.3d 361 (Mo. banc 2006).
- Representing a financial institution, he successfully prosecuted a claim against a national public accounting firm for malfeasance in the issuance of a hotel feasibility study. The case was settled subject to confidentiality.
- Representing Altec Industries, Inc., he successfully defended the interests of the client in a $20 million trade secrets suit filed by Terex Corporation in the District Court of Johnson County, Kansas.
- Representing a number of lessees of GM motor vehicles, he brought a class action against General Motors Acceptance Corporation in Jackson County Circuit Court in Kansas City. The court approved the settlement in 2005 with the class receiving full restitution.
- Mr. Boulware has represented clients involving oil and gas disputes in eastern Kansas.
- Mr. Boulware successfully prosecuted a case for clients involving business torts and director and officer liability recovering through confidential settlement $46 million and other financial concessions.
- Representing Power Soak Systems, Inc. in a federal court lawsuit brought in 2006 against Emco Holdings, Inc., a Canadian conglomerate, arising out of the purchase of a company then based in Grandview, Missouri, he settled the case for the client for the amount of the claim ($1,907,943.86) in April 2007, a week following rendition of summary judgment on liability by the court, and two weeks before the scheduled trial in Kansas City. The case was reported in Missouri Lawyers Weekly.
- Mr. Boulware has represented prominent distributors formerly engaged in the Amway/Quixtar business seeking to recover millions of dollars in four commercial litigation cases filed in Missouri. Mr. Boulware's clients collectively had downline distributor networks which exceeded 200,000 distributors. In 2006, he secured a ruling from the U.S. Court of Appeals, Eighth Circuit, defeating arbitration under the Amway/Quixtar Rules. Nitro Distributing, Inc. v. Alticor, Inc., 453 F.3d 995 (8th Cir. 2006). The United States Supreme Court thereafter denied transfer of the case. Settlements subsequently achieved are subject to confidentiality.
- In February 2007, Mr. Boulware successfully enforced a contested non-compete covenant for a funeral home owner, securing an injunction against the infringing former employee as well as a judgment of $539,000, including $100,000 punitive damages, against the competitor who hired the former employee. Attorney fees of $225,000 were also recovered. The case was reported in Missouri Lawyers Weekly.
- Representing the seller of a millwork business, Mr. Boulware successfully defended claims in federal court exceeding $4 million brought by the purchaser alleging breach of contract and misrepresentation.
- In November 2011, Mr. Boulware filed suit in federal court in Missouri for the Hillyard Companies of St. Joseph, against GOJO Industries, Inc., of Akron, Ohio respecting GOJO's abrupt termination of a 20-year exclusive supply relationship of liquid soap utilizing a proprietary dispenser system. The case settled subject to confidentiality in January 2012.
- Mr. Boulware also has the oversight responsibilities for claims brought against the Hillyard Companies (manufacturer and international distributor of floor care and maintenance products).
- In November 2011, Mr. Boulware filed an antitrust suit on behalf of Ideker, Inc., a regional road contractor, against Norris Asphalt Paving Co., alleging the boycotting of Ideker and Norris' monopolization of sales of aggregate rock from rock quarries in Northwest Missouri. The matter settled in January 2012.
- In 2012, Mr. Boulware secured the reversal of a $2.7 million default judgment against a new client which was the subject of a Missouri Lawyers' Weekly report on December 10, 2012, and subsequently listed as one of the top defense results in the Missouri during 2012.
- Mr. Boulware was involved in the pursuit of a patent infringement case against H. J. Heinz Company, LP, involving a revolutionary “dip and squeeze” condiment container, filed in 2012 in the United States District Court for the Northern District of Illinois.
- In 2012, Mr. Boulware filed and pursued a directors and officers liability claim in the Bankruptcy Court in Wilmington, Delaware, involving a luxury destination club/resort business.
Representing 56 defendants (physicians and hospital attorneys, board members and administrators), for more than 10 years of extensive litigation involving multiple cases, Mr. Boulware successfully defended his clients on antitrust and tortious interference claims arising out of the termination of a physician's medical staff privileges in St. Joseph. The protracted litigation concluded when the United States Supreme Court refused to accept transfer of the case. The final determinative decision by the Eighth Circuit Court of Appeals currently serves as a leading authority for such medical antitrust cases in Missouri.
The reported cases for this litigation in which Mr. Boulware was directly involved are:
Employment Defense Litigation
- Willman v. Heartland Hospital East, et al., 34 F.3d 605 (8th Cir. 1994).
- Willman v. Heartland Hospital East, et al., 836 F. Supp. 1522 (W.D. Mo. 1993).
- Willman v. McMillen, 779 S.W.2d 583 (Mo. banc 1989). In this ruling, the Missouri Supreme Court abolished the intrastate application of the doctrine of forum non conveniens. The case is discussed in an article contained in the Journal of the Missouri Bar, Jan-Feb 1991, pg.11.
- State ex rel. Willman v. Marsh, 720 S.W.2d 939 (Mo. banc 1986).
- Mr. Boulware has represented hospitals and health maintenance organizations in St. Joseph, the Kansas City metropolitan area, and throughout northwest Missouri in healthcare related litigation including complex antitrust actions. In August 1998, the Missouri Court of Appeals, Western District, in Zipper v. Health Midwest, et al., 978 SW 2d 938 (Mo. App. W.D.1998), issued a ruling affirming the summary judgment awarded the defendants on Dr. Zipper's antitrust claim and, on a case of first impression in Missouri, adopted the minority position in this country that hospital staff bylaws do not constitute a contract with the medical staff. Mr. Boulware represented Health Midwest based in Kansas City, its chief executive officer, and members of its board of directors in that litigation. Mr. Boulware's practice in the health care field, particularly on physician credentialing matters, has included serving as a fair hearing officer (presiding over credentialing or medical staff privileges disputes) for hospitals, health maintenance organizations, and preferred provider organizations in the Kansas City metropolitan area.
- Representing three St. Joseph radiologists following the break-up of their radiology practice group, Mr. Boulware defended and prosecuted their interests in two very high profile suits filed in 2003 which were ultimately settled subject to confidentiality.
- For years, Mr. Boulware has represented and successfully defended private and governmental employers from discrimination and employment claims, many of which have been tried to juries in state and federal courts. As special counsel, Mr. Boulware successfully defended the County Court of Buchanan County, the County Prosecutor and Sheriff in two separate federal court employment discrimination cases.
- Representing a wholesale food distributor in federal court, he successfully defended the client when the Equal Employment Opportunity Commission brought claims for wage discrimination involving a department consisting of all females. The case is reported at EEOC v. Affiliated Foods, Inc., 34 Empl. Prac. Guide, 34, 392, (W.D. Mo. 1984), and discussed in an article co-written by Mr. Boulware, "Expanding the Seniority Defense in Wage Discrimination Litigation," Missouri-Kansas City Law Review, Spring 1985, Vol. 53, pg. 376.
- In 2006-07, Mr. Boulware defended the interests of Heartland Hospital respecting an alleged "whistleblower" suit brought by 10 former employees claiming damages in excess of $20 million. The case settled subject to confidentiality in July 2007. In a unique situation where he was asked by a corporate client to assist a terminated "whistleblower," he successfully prosecuted the case to a favorable verdict including securing an award for punitive damages.