Lawrence P. McLellan

Direct Dial Number (515) 247-4715
E-mail: lmclellan@sullivan-ward.com

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General Practice Areas: Trial Law including but not limited to: Business and Commercial Law, Construction Law, Employment Law, Environmental Law, Insurance Law, Personal Injury and Utility Law.

Alternative Dispute Resolution:

Member, NASD Dispute Resolution, Board of Arbitrators Member, National Arbitration Forum, Panel of Arbitrators and Mediators Iowa Department of Education, Panel of Administrative Law Judges Board Certified Mediator by the American Academy of ADR Attorneys Member of the Board of Directors of the American Academy of ADR Attorneys Past President of the American Academy of ADR Attorneys, 2008- 2009

Mediated and Arbitrated cases in the following areas: Attorney/Client Fee Disputes, Business and Commercial Law, Construction Law, Employment Law, Environmental Law, Family Law, Personal Injury, Securities and Toxic Torts.

Education:

• Drake University (B.A. History 1979; graduated summa cum laude, Member of Phi Beta Kappa Honor Society)
• Drake University Law School (J.D. 1983 with honors).
• • Articles Editor for Drake Law Review 1982-83.
• University of Missouri-Columbia School of Law, LL.M. in Dispute Resolution May, 2006

Bar Admissions:

• State of Iowa – 1983
• U.S. District Courts – Northern and Southern Districts of Iowa – 1984
• U.S. Court of Appeals, Eighth Circuit – 1989
• U.S. Supreme Court - 2003
• U.S. Tax Court - 2007
• U.S. District Court for Nebraska - 2008
• Admitted pro hac vice in federal courts in Wisconsin, Missouri and Minnesota

Professional Organizations:

• Fellow, Iowa Academy of Trial Lawyers
• American Bar Association 
• • Alternative Dispute Resolution Section
• Iowa State Bar Association
• • Environmental and Natural Resources Section; Chair, 1994-96
  • Litigation Section
• Polk County Bar Association,
• • Member of the Attorney Fee Arbitration Committee 1987-present
• American Association for Justice and Iowa Association for Justice
• Defense Research Institute
• Member of the Board of Counselors, Drake University School of Law, 2001-2007
• C. Edwin Moore Inns of Court
• Lincoln Inne

Honors:

• The Best Lawyers in America, 2006
• The Best Lawyers in America, Environmental Law, 2008-2009
• Midwest Super Lawyers, Environmental Law,
• 2009 Polk County Volunteer Lawyers Project Pro Bono Award, 2004
• Iowa State Bar Association Pro Bono Award, 2004

Publications:

• McLellan, Lawrence P., Expanding The Use Of Collaborative Law: Consideration Of Its Use In A Legal Aid Program For Resolving Family Law Disputes, 2008 Journal of Dispute Resolution 465.
• Note, Insurance Settlements: An Insured's Bad Faith, 31 Drake L. Rev. 877 (1982).

Teaching Experience:

• Adjunct Professor of Law, Drake University Law School, Arbitration Environmental Law

Appellate Decisions:

• Central Iowa Power Cooperative v. Midwest Independent Transmission System Operator, Inc., 561 F.3d 904 (8th Cir. 2009) (utility law dispute)
• Ales v. Anderson, Gabelman, Lower & Whitlow, P.C., 728 N.W.2d 832 (Iowa 2007) (arbitration/covenant not to compete)
• Iowa Network Services, Inc. v. Qwest Corp., 466 F.3d 1091 (8th Cir. 2006) (telecommunications dispute)
• Iowa Network Services, Inc. v. Qwest Corp., 363 F.3d 683 (8th Cir. 2004) (telecommunications dispute)
• Racing Ass'n of Central Iowa v. Fitzgerald, 675 N.W.2d 1 (Iowa 2004) (tax)
• Fitzgerald v. Racing Ass'n of Central Iowa, 539 U.S. 103, 123 S.Ct. 2156, 156 L.Ed.2d 97 (2003) (tax)
• Crown Colony, Inc. v. Iowa Rural Water Ass'n Inc., 2002 WL 531512 (Iowa Ct. App. 2002) (real estate dispute)
• Interstate Power Co. v. Insurance Co. of North America, 603 N.W.2d 751 (Iowa 1999) (insurance coverage)
• Wright v. American Cyanamid, Co., 599 N.W.2d 688 (Iowa 1999) (products liability)
• Fireman's Fund Ins. Co. v. ACC Chemical Co., 538 N.W.2d 259 (Iowa 1995) (insurance coverage)
• Johnson v. Dodgen, 451 N.W.2d 168 (Iowa 1990) (contract dispute)
• Bettis v. Wayne Co. Mut. Ins. Co., 447 N.W.2d 569 (Iowa Ct. App. 1989) (insurance coverage)
• Nichols v. Westfield Industries, Ltd., 380 N.W.2d 392 (Iowa 1985) (products liability)

Other Reported Decisions:

• Devon Distributing Corp. v. Miner, 525 F. Supp. 2d 1089 (S.D. Iowa 2007) (patent law)
• Northeast Iowa Citizens for Clean Water v. Agriprocessors, Inc., 489 F.Supp.2d 881 (N.D. Iowa 2007) (environmental law/attorney fees)
• Wright v. City of Las Vegas, Nevada, 395 F.Supp.2d 789 (S.D. Iowa 2005) (personal jurisdiction)
• McNamara Holdings, L.C. v. Maquoketa Valley Rural Electric Cooperative, 2004 WL 3105952 (N.D. Iowa 2004) (environmental law)
• Home Depot USA, Inc. v. Stickle Enterprises, Ltd., 2003 WL 24054831 (Iowa Dist. 2003) (real estate dispute)