Mr. Daniel W. McGrath represents major manufacturers, distributors, and service provider businesses in product liability, toxic tort, environmental, medical device, construction and commercial matters.
He regularly defends clients in consolidated, mass tort and multi-district litigation and class actions in a variety of jurisdictions as well as in national and regional forums.
With more than 30 years of trial and litigation experience, Mr. McGrath has represented clients in a broad variety of product liability and commercial litigation cases including matters where chemicals, coatings, appliances, foods, beverages, outdoor power equipment, glass, lawn and garden equipment, medical devices and equipment, and fluid control equipment were at issue in the federal and state courts of 13 states.
He has also tried to verdict cases on behalf of park and recreation districts. Mr. McGrath is the Leader of Hinshaw’s Product Liability Practice Group and a member of the firm’s Executive Committee.
He was, when a non-equity partner, selected by his peers at the firm to be its first elected representative serving on the firm’s Executive Committee. Mr. McGrath is past chairperson of DRI’s Toxic Tort & Environmental Law Committee.
Mr. McGrath presently serves as Chairperson of the DRI Jury Trial Preservation Task Force and as a member of DRI’s Issues & Advocacy and Engagement Committees.
Representative Matters :
Mr. McGrath’s extensive client base includes long-time representation of several Fortune 500 companies and other manufacturers, distributors, service firms and insurers. Wide-ranging trial and litigation experience includes over 25 civil jury trials taken to verdict in various state and federal courts and leadership roles as national, regional, and coordinating counsel for clients in various products liability, toxic tort, and commercial litigation matters.
Product Liability and Commercial Disputes: Mr. McGrath represents numerous manufacturers, distributors, and service firms in product liability and commercial matters.
He counsels clients in the full spectrum of legal issues arising from product manufacturing and distribution, including development of product literature and labeling content, management of product recalls, drafting of sales and distribution agreements and related contract documents, and litigation and trial of product liability suits.
Mr. McGrath serves as product liability counsel for manufacturers of food equipment, food and beverage flavorings, household appliances, heating/air-conditioning/ventilation equipment, aerospace products, glass, paints and coatings, chemicals, petroleum products, pumps, valves, electric motors, outdoor power equipment, lawn and garden equipment, medical devices and equipment, and fall protection equipment.
He has successfully negotiated the settlement of numerous cases in addition to trying a variety of complex cases. Mr. McGrath deals with commercial disputes as well as property damage and personal injury matters.
Won summary judgment in favor of a leading chemical manufacturer in a complex wrongful death suit in federal court in Chicago, brought on behalf of the estate of a truck driver asphyxiated while attempting to remove residual glue containing trichloroethylene from a tanker truck.
Plaintiff brought claims for strict liability, negligence, breach of warranty, and distribution of unavoidably unsafe and hazardous materials against the trucking carrier, glue manufacturer, and manufacturers of the ingredients comprising the glue. The court granted summary judgment ruling client had no duty to warn plaintiff under any pleaded theory.
Commercial Litigation: Mr. McGrath has counseled and represented clients in a variety of commercial and construction claims and suits, and breach of contract and warranty claims. He has drafted and negotiated contracts, sales and supply agreements, warranties, and employment agreements.
Successfully defended a leading food and beverage manufacturer in a suit seeking millions of dollars for alleged breach of contract to construct a bakery in Mexico litigated in federal court in Chicago. Summary judgment entered in favor of client at close of discovery.
Successfully defended leading chemical distributor in federal court suit seeking recovery of millions of dollars in damages under breach of contract and warranty theories for alleged coatings failure. District court granted client’s motion to dismiss all claims asserted.
Professional Affiliations :
- Defense Research Institute (DRI), Member
- DRI Jury Trial Preservation Task Force, Chair (2015 – 2019)
- DRI Committee on Engagement (2014 – 2019)
- DRI Issues & Advocacy Committee (2014 – 2019)
- DRI Toxic Tort & Environmental Law Seminar, Program Chair (2005 – 2007)
- Illinois Association of Defense Trial Counsel, Member
- Society of Trial Lawyers, Member
- J.D., Loyola University Chicago School of Law, 1982
- B.A., with high honors, Loyola University of Chicago, 1979
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Northern District of Indiana
- U.S. District Court for the Southern District of Illinois
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