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John J. McDonald Jr.

Partner

T:

Main Biography

 

IN MEMORIAM

JOHN J. McDONALD, JR.
December 12, 1954 – February 28, 2010

Please direct any business inquiries, as follows:

Insurance Law: Charles Spevacek or Bradley Jones
Commercial Litigation, Employment Law: Bradley Lindeman or Livia Babcock
Fidelity & Surety Law: Joel Wiegert

    John McDonald was rightly proud of his accomplishments as a lawyer.  For nearly three decades, John tirelessly pursued and achieved success and excellence in the practice of law.  His excellence showed in honors such as election to both the American Board of Trial Advocates and the International Association of Defense Counsel, his regular appearance on the list of Top 100 Minnesota Superlawyers and Top 40 Employment Law Superlawyers, and his listing in publications like Leading American Attorneys and Best Lawyers in America.

    It was John’s fearlessness and drive that marked his success.  He thrived on high-profile litigation, especially cases that required him to take on an unfamiliar area of the law while litigating in the spotlight.  His well-versed and experienced opposing counsel quickly learned not to underestimate John’s nerve.  And it was that signature nerve that allowed John to make good on his admonition that a successful private practitioner must overhaul his practice every five years.  John’s vision, drive, and abhorrence of complacency helped his firm, Meagher & Geer, expand into an ever-larger and more complex litigation practice, allowing the firm to steadily grow, even as the legal profession as a whole slowed. 

    John was born in 1954 and grew up a quintessential St. Paul kid.  He lived near Summit and Lexington Avenues, graduated from St. Thomas Academy in 1973, and attended what was then known as the College of St. Thomas.  He graduated from Creighton University School of Law in 1981 and joined Meagher & Geer in 1986. 

    John lived life with gusto and passion.  Johnny Mac could turn “one little nightcap” with friends into a five-hour karaoke marathon; he could turn a Rolling Stones tour stop into a week-long celebration; and he could quickly turn a steak at the Lex into a pile of scraps.  But more than all of that, Johnny Mac could turn anyone into a friend.  If you ventured into the skyway with John, you needed plenty of extra time for the handshakes, waves, and hugs that loomed around every corner.  And his friendships were fierce.  Longtime friend Jim Hays put it this way:  “The term ‘one in a million’ doesn’t cover it.  John was a friend in good times and difficult times – the most loyal true-blue guy ever.”  Tim Ridley, John’s longtime friend, law partner, and high-school classmate, said that every living member of St. Thomas Academy’s class of 1973 responded within 24 hours of John’s passing. 

    John was especially proud of his service as a Commissioner on the Metropolitan Airports Commission and as a member of the Minnesota Commission on Judicial Selection.  Gov. Tim Pawlenty appointed John to both positions.  Said Pawlenty, “John will be remembered as a kind-hearted man with a strong commitment to his faith, family, and community.  I personally appreciate his terrific service on the Metropolitan Airports Commission and the Judicial Selection Committee, and I admire his dedication to public service.”

    John was devoted to his wife of more than 20 years, Ann, and their two children, Will and Ellie.  John made frequent social visits to his colleagues’ offices, and each inevitably ended with a story or two about his kids’ achievements or a recent family outing. 

    John McDonald passed away suddenly on February 28, 2010.  He is greatly missed by many, including those of us who were proud to call him our partner.  We had hoped for far more time with John, but as he so often reminded us, “You can’t always get what you want.” 

Professional Affiliations

  • American Board of Trial Advocates
  • International Association of Defense Counsel
  • Defense Research Institute
  • American Bar Association
  • Minnesota State Bar Association
  • Wisconsin State Bar Association Professional Liability Underwriting Society

Appointments

  • Commissioner, Minneapolis/St. Paul Metropolitan Airports Commission (appointed by Minnesota Governor Tim Pawlenty, 2009)
  • Member of Minnesota Commission on Judicial Selection (appointed by Minnesota Governor Tim Pawlenty, 2008)

 Professional Recognitions

  • Selected for inclusion in The Best Lawyers in America®, Commercial Litigation, 2003-2010, (Woodward/White, Inc., Aiken, S.C.) 
  • Recognized as a Super Lawyer, Law & Politics (top 5% of lawyers, selected by peers), 2000–2009
  • Recognized as a Top 40 Super Lawyer, Minnesota Law & Politics, Employment Law, 2004-2008
  • Selected for inclusion in The Best of the U.S. Inc.’s list of the Best Service Professionals in the United States under Lawyers, Commercial Litigation (Copyright © 2006 Best of United States), 2006
  • Member, National Registry of Who’s Who, 2001, 2006

Speaking Engagements  

  • Fidelity Bond and Crime Coverage Conference: Insuring Against Employee Dishonesty, Theft and White Collar Crimes, Co-chair, HB Litigation Conferences, New York, NY (December 2009)
  • Recent Trends in Employment Litigation Seminar, presented to Darwin Professional Underwriters, Inc., Farmington, CT (February 2009)
  • Recent Trends in Employment Litigation Seminar, presented to Chubb Group Insurance Companies, Simsbury, CT (February 2009)
  • Recent Trends in Employment Litigation Seminar, presented to Chubb Group Insurance Companies, Pittsburg, PA (February 2009)
  • Privilege & Confidentiality Issues in the Fidelity Case, presented to Fidelity & Surety Law Committee at the ABA Annual Mid-Winter Meeting, San Francisco, CA (January 2007)
  • Advanced Trial Practice: Retaliation and Whistleblower Litigation, presented to The Upper Midwest Employment Law Institute (May 2006)
  • Rights to Salvage and Other Recovery Issues, presented to Surety Claim Institute, Hot Springs, VA (June 2004)

Published Articles  

  • "Computer Fraud and Fund Transfer Fraud Coverages" Fidelity & Surety Law Journal, Volume XIV (2008)
  • "Claims-Handling and Ethical Considerations" Commercial Crime Policy 567, Second Edition, (Randall I. Marmor and John J. Tomaine, 2005)
  • "Claims-Handling and Ethical Considerations" Commercial Crime Policy, Second Edition (Randall I. Marmor and John J. Tomaine, 2004)
  • "The Loss Under Prior Policy Provision" Fidelity & Surety Law Committee Newsletter (ABA-TIPS, Chicago, Ill.), Winter 2004, at 13 
  • "Application Of The Loss Under Prior Policy Provision" Fidelity Law Association Journal, Vol. IX, October 2003, at 77 
  • "Reinsurance Arbitration 2001: Will The New Ways Cripple Arbitration Clause?" Defense Counsel Journal, Vol. 68, No. 3, Pages 269-388 (July 2001)
  • "Promotion Tests and Statistical Evidence of Disparate Impact: The Eighth Circuit's Position" 14 Creighton Law Review 1145 (1981)

Reported Opinions

  • Montes v. Greater Twin Cities Youth Symphonies, 540 F3d. 852 (8th Cir. 2008)
  • EEOC v. Fairbault Food Inc., et al. Slip Copy, 2008 WL 879999, (D. Minn. 2008)
  • Daud v. Gold'n Plump Poultry, Slip Opinion, 2007 WL1621386 (D. Minn. 2007)
  • Linda Green v. Franklin National Bank of Minneapolis, 459 F3d. 903 (8th Cir. 2006)
  • John R. Beckman v. KGP Telecommunications, Inc., 128 Fed. Appx. 554, 2005 U.S. App. Lexis 6984 (8th Cir. 2003)
  • Ansaf Alexander v. The Northland Inn, 321 F.3rd 723 (8th Cir. 2003)
  • In re: Silicone Implant Insurance Coverage Litigation, 667 N.W.2d 405 (Minn. 2003)
  • In re: Silicone Implant Insurance Coverage Litigation, 652 N.W.2d 46 (Minn. App. 2002)
  • In the Matter of the Excess Surplus Status of Blue Cross and Blue Shield of Minnesota, 624 N.W.2d 264 (Minn. 2001)
  • In the Matter of the Excess Surplus Status of Blue Cross and Blue Shield of Minnesota, 606 N.W.2d 697 (Minn. App. 2000)
  • Diocese of Winona, a Minnesota Non-profit Religious Corporation v. Interstate Fire & Casualty Company, Those Certain Underwriters at Lloyd's, London, Signatory to Policies Nos. SL3402 and SLC5421; and Archdiocese of St. Paul and Minneapolis, Church of the Immaculate Conception, in Columbia Heights, Minnesota, Church of the Risen Savior, in Apple Valley, Minnesota v. Underwriters at Lloyd's, London, Interstate Fire & Casualty Company, Aetna Casualty and Surety Company, 89 F.3d 1386 (8th Cir. 1996)
  • First State Insurance Company, et al., Westport Insurance Corporation v. Minnesota Mining and Manufacturing Company, et al., 535 N.W.2d 684 (Minn. App. 1995)
  • American Casualty Co. of Reading, Pennsylvania v. Bank of Montana System, Stephen Adams, Lloyd A. Amundson, Alfred T. Burke, Thomas R. Zorr, Joseph Friend, C. Robert Paciotti and Ester M. Devault v. CNA Financial Corporation, 675 F. Supp 538 (F. Supp 1987)
  • Wilford Henry Gerdin v. Princeton State Bank, Louis L. Hoffman, et al., 371 N.W.2d 5 (Minn. App. 1985)

Education

  • Creighton University School of Law
    ,
    J.D.
    ,
    1981
  • University of St. Thomas
    ,
    B.A.
    ,
    1977

State Bar Admissions

  • Minnesota, 1982
  • Wisconsin, 2003

Federal Court Admissions

  • United States Supreme Court, 2001
  • United States Court of Appeals, First Circuit, 2000
  • United States Court of Appeals, Seventh Circuit, 2003
  • United States Court of Appeals, Eighth Circuit, 1982
  • United States District Court, District of Minnesota, 1982
  • United States District Court, District of North Dakota, 2003
  • United States District Court, Western District of Wisconsin, 2003
  • Mille Lacs Band of Chippewa Indian District of Nay Ah Shing, 2005