PRACTICE AREAS

Business Litigation

R. Dan Boulware is a senior trial lawyer who has served as lead counsel in many large, high-profile cases and has extensive trial experience in state and federal courts. Listed in The Best Lawyers in America publication, his practice extends far beyond Missouri, having handled numerous cases around the country. He wrote the "Chapter on Punitive Damages" contained in the Missouri Bar Deskbook on Damages, has served as co-author on all updates, and has lectured on that subject and other trial matters.

Mr. Boulware’s experience and expertise extend to a wide range of civil disputes: commercial litigation, including class actions; healthcare litigation involving physician credentialing, medical staff privileges, and antitrust; insurance coverage disputes; product liability claims; and personal injury and wrongful death litigation.

DISTINCTIONS

Dan Boulware is listed in The Best Lawyers in America in two areas of practice: commercial litigation and personal injury litigation.

Mr. Boulware is a Fellow in the American College of Trial Lawyers and a member of the American Board of Trial Advocates.

KC Magazine has recognized Mr. Boulware as a Missouri/Kansas Super Lawyer since inception of such recognition for lawyers.

Mr. Boulware is also the recipient of the Lon O. Hocker Memorial Trial Lawyer Award given by the Missouri Bar Foundation.



COMMUNITY AND BAR INVOLVEMENT

Mr. Boulware is a member of the St. Joseph Bar Association, Kansas City Metropolitan Bar Association, The Missouri Bar, and the Million Dollar Advocates Forum. Since age 35, he's carried an "AV" rating from Martindale-Hubbell Law Directory, the highest rating bestowed. In 1982, at the age of 36, he was the recipient of the Lon Hocker Memorial Trial Lawyer Award given by the Missouri Bar Foundation, in recognition of outstanding young trial attorneys in the State of Missouri. In 1989, at the age of 41, he was inducted as a Fellow of the prestigious American College of Trial Lawyers, a designation by his peers that he is one of the outstanding trial lawyers in North America. He has served as a member of the ACTL Missouri State Committee and the Samuel E. Gates Litigation Award Committee.

Mr. Boulware is also a member of the American Board of Trial Advocates. Best Lawyers in America®, a national lawyer directory which bases its selections on an exhaustive peer review process, has recognized him for inclusion as one of the best for his expertise in Business Litigation and Personal Injury Litigation. KC Magazine has recognized Mr. Boulware as a Missouri/Kansas Top 100 Super Lawyer. He was also selected for inclusion in Missouri & Kansas Super Lawyers 2008 for Business Litigation.

Mr. Boulware has served as a member of the Federal Practice Committee for the United States District Court for the Western District of Missouri.

Mr. Boulware has been very active in civic organizations, working in fund drives for the YMCA, Young Life, the Multiple Sclerosis Society, and the Greater St. Joseph United Way. He incorporated and assisted in the organization of Creative Arts Productions, a children's theater workshop. He incorporated The Industrial Development Authority of St. Joseph, Missouri, in 1978, and has served as a director and secretary for the Authority since that time. He has been involved with every industrial revenue bond issue in St. Joseph through the IDA since 1978.

Dan Boulware and his wife, Dale, were the 2003 recipients of The Hope Award given by the National Multiple Sclerosis Society, Mid-America Chapter, in recognition of outstanding community and philanthropic service and leadership. They are ardent supporters of the arts in St. Joseph and are Founding Fellows of the Albrecht-Kemper Museum of Art.

Mr. Boulware is a long-standing Sunday School teacher and deacon at Wyatt Park Baptist Church. He chaired the church Executive Committee and three church capital campaigns to facilitate the relocation and building of a new, $12 million church facility. He served as a member of the St. Joseph Young Life Committee, attending Young Life camp at Wendy Gap, North Carolina, and has been active in other youth activities, including St. Joseph Boys' Baseball. He is a member of the Masonic Lodge, Scottish Rite and Moila Shrine Temple.

Mr. Boulware has a long-standing commitment to public education. He was the co-founder/organizer of the Rainbow Coalition, a political action group formed in 1987 to support St. Joseph Public Schools in passing a critical increase in the local school levy. He has served as President of the St. Joseph Chapter of the University of Kansas Alumni Association, and as a member of the KU Greater University Fund Advisory Board.

A member of Delta Upsilon fraternity at the University of Kansas, Mr. Boulware has served as a director of the alumni corporation board, incorporated the Kansas Chapter of Delta Upsilon Educational Foundation, served on the Foundation board, and actively participated in the organization and pursuit of the fraternity's capital campaign to construct a new chapter house. In 2006, he was presented the Distinguished Alumni Award by his fraternity.

Mr. Boulware also served as a member of the Board of Regents of Missouri Western State College from 1986-93, and as President in 1991-92. He chaired the Missouri Western State College Foundation capital campaign in 1989-90. In 1992, Mr. Boulware served on the Missouri Task Force on Critical Issues for Higher Education. The annual fall semester Missouri Western State College Convocation on Critical Issues (which has featured such speakers as Arthur Schlesinger, Jr., David McCullough, Jeanne Kirkpatrick, Colin Powell, Joe Nye, David Gergen, Bob Woodward, Steve Forbes and Senator Bill Bradley), is held in Mr. Boulware's honor. He has had the privilege of introducing the convocation speaker each year since its inception.

NOTABLE EXPERIENCE

Mr. Boulware's experience and expertise extend to a wide range of civil disputes: commercial litigation, including class actions; healthcare litigation involving physician credentialing, medical staff privileges, and antitrust; insurance coverage disputes; product liability claims; and personal injury and wrongful death litigation.

He has represented many of the firm's corporate and individual clients in the successful defense and/or prosecution of claims, recovering, through trial and settlement, millions of dollars for clients. He has served as lead counsel on many significant civil cases, including:

Commercial Litigation

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. 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 401K 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, were 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 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 large multi-million dollar 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.

Mr. Boulware has represented clients involving oil and gas disputes in eastern Kansas.

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 is currently representing a number of prominent distributors formerly engaged in the Amway/Quixtar related independently produced business support materials industry, seeking to recover millions of dollars in four large 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. One case, involving a claim in excess of $20 million, was settled in October 2008, the terms subject to confidentiality; the settlement was reported in the April 6, 2009 Missouri Lawyers Weekly.

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.

Mr. Boulware is also currently representing the Receiver in a high-profile case pending in the federal court in Kansas City involving the HEDFC and Kansas City's low income housing program.

Mr. Boulware has the oversight responsibilities for claims brought against the Hillyard Companies (manufacturer and international distributor of floor care and maintenance products); Gray Manufacturing Company (manufacturer and international distributor of automotive lifts); and Snorkel International (manufacturer and international distributor of manlift machines and equipment).

Healthcare Litigation

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 the leading authority for such medical antitrust cases in Missouri.

The reported cases for this litigation in which Mr. Boulware was directly involved are:

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 healthcare 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.

Personal Injury/Wrongful Death Litigation

Representing a client who was mysteriously hit in the head by a large rock while driving down the Stockyards Expressway in St. Joseph, Mr. Boulware successfully prosecuted a claim under the client's uninsured motorist coverage. The jury awarded the client $500,000, which award was reduced to the $100,000 limit of insurance coverage. The case, now often referred to simply as "the rock case," received statewide publicity (see Missouri Lawyers Weekly June 5, 1995, and July 15, 1996), and upheld the application of the doctrine of res ipsa loquitur to support recovery. The case is reported: Hale v. American Family Mutual Ins. Co., 927 S.W.2d 522 (Mo. App. W.D. 1996).

Pursuing a large product liability claim in federal court involving a client who sustained extensive head and brain injuries, Mr. Boulware represented a young iron worker who fell from a rooftop at a construction site when a bundle of steel roof decking collapsed below him. A confidential settlement was achieved with the manufacturer of the decking.

Mr. Boulware has successfully prosecuted a number of wrongful death cases, including two railroad crossing fatality cases, recovering millions of dollars for clients. He is currently involved with a double-fatality air crash in Florida.

Employment Defense Litigation

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 "whistle-blower" suit brought by 10 former employees. The case settled subject to confidentiality in July 2007.

EDUCATION

J.D., University of Kansas School of Law, 1972

B.S., Business Administration with an accounting emphasis, University of Kansas, 1968

BAR ADMISSIONS

Missouri, 1972