Dan McCabe is a commercial litigation attorney whose practice is focused on contractual business disputes, primarily in the construction, real estate, pharmaceutical, finance, and insurance industries.  Dan represents clients in state and federal courts at both the trial court and appellate levels, and in arbitration and mediation forums.

Representative Matters

• As lead trial counsel, won a $7.5M judgment against a prominent pharmaceutical company following an arbitration hearing in Chicago involving pharmaceutical bioequivalence statistical standards and drug formulation issues.  The case centered on the defendant's breach of a license and development agreement and a manufacture and supply agreement, both of which concerned a drug product known as estradiol benzoate (EB) for which Dan's client had developed a new "micro sphere" time release technology.
• As lead trial counsel, won a $2.5M judgment against a pharmaceutical company after a one-week arbitration hearing in New York City.  The case concerned the drug product Trenbolone Acetate (TBA), and focused on the question of whether all "commercially reasonable" steps had been taken by the defendant regarding the licensing, development and distribution of this drug product on a national and international scale.  Complex regulatory and drug formulation issues were presented in this matter, requiring significant expert testimony and technical fact testimony from the parties' lead scientists.  
• As lead trial counsel, defeated a $9M contract rescission/fraud claim brought by a pharmaceutical company against his client, a bio-pharmaceutical company with world-wide operations.  The plaintiff pharmaceutical company alleged that his client had misrepresented its experience and technical ability to produce a drug product for which millions of dollars had been invested.  In defeating this claim, technical drug formulation evidence was presented at trial through company records, expert testimony, and fact testimony from the scientists.  
• Represented a real estate development company in the favorable resolution of a $800,000 mechanic's lien claim involving a multi-million dollar condominium conversion project in Chicago.  The issues presented were construction delay, professional malpractice, and construction defects.
• Represented a real estate development company in a breach of contract/construction defect case regarding a mutli-unit condominium construction project in the Lincoln Park neighborhood of Chicago, obtaining a favorable settlement resolution shortly before trial.
• Represented a Chicago area real estate broker and residential developer with construction delay claims regarding a multi-million dollar commercial/residential real estate project, again achieving a favorable settlement for the client.  At issue were construction delay and professional malpractice claims.
• As trial counsel, won a breach of contract claim against a home builder for faulty roof construction of a high-end residential home in the Chicago suburbs.
• As lead trial counsel, won a Consumer Fraud and Deceptive Business Practices Act claim/common law fraud claim against a construction company regarding its fraudulent business tactics and negligent construction of a Chicago area apartment building "rehab" project.
• As insurance coverage counsel, litigated complex international/national mass tort/class action cases, including the Phenylpropanolamine (PPA) and Diethystilbestrol (DBA) international drug product cases, the AT&T optic cable national trespass class action, and the American Meter polybutylene dip tube class action involving approximately 16 million national class plaintiffs.       
• As general counsel for a prominent Chicago real estate development company, oversaw the acquisition and closing of construction financing for a $35M real estate development project in Chicago. 
• Represented real estate development companies and entrepreneurs with transactional real estate matters, including the negotiation/closing of multi-million dollar acquisition and construction loans, the successful conversion of apartment buildings to condominium structures, and with the negotiation/closing of residential and commercial real estate purchase contracts and lease agreements.   
• Represented a nationally based medical spa company in a complex commercial lease dispute involving prime and sub lease concerns, as well as construction interference and "quiet enjoyment" issues. 

Published Opinions

• Gacki v. LaSalle National Bank, 282 Ill.App.3d 961, 669 N.E.2d 936 (2nd Dist. 1996).
• Federated Mutual Ins. Co. v. State Farm Mut. Auto. Ins. Co., 282 Ill.App.3d 716, 668 N.E.2d 627 (2nd Dist. 1996).
• Spearman Industries, Inc. v. St. Paul Fire & Marine Ins. Co., 138 F.Supp.2d 1088 (N.D.Ill. 2001), mot. reconsider denied, 139 F.Supp.2d 943 (N.D.Ill. 2001). 

News

• Multi-Million Dollar Arbitration Victory for a Pharmaceutical Company