
Benjamin C. Johnson (Ben)
Shareholder & Co-Chair, Product Liability/Mass Tort
Ben is a skilled litigator who helps clients across a variety of industries to navigate legal disputes and achieve results. Ben brings to his practice a sharp intellect for complex issues, combined with a common-sense approach and blue-collar work ethic. He has a knack for quickly digging in and learning a client’s business, products, and goals, and then tenaciously advocating on their behalf. Ben’s practice primarily involves defending corporate clients in products liability and personal injury matters, as well as commercial and business disputes. Beyond litigation, Ben counsels clients on litigation avoidance and risk management strategies, including product safety issues, regulatory compliance, and recalls.
When not representing clients, you can find Ben outside—either biking, running, or skiing—and spending time with his wife and children in South Minneapolis.
Key Practice Experience
- Products liability defense
- Commercial and business litigation
- Toxic torts
- Construction law
- Appellate practice
- Fire and explosion litigation
- Contract, warranty, and UCC disputes and litigation
- Consumer warranty litigation
- Premises liability
- Fiduciary and professional liability
- Preventative measures and risk management counseling, including regulatory compliance, recalls, and product labels and warnings
Key Industry Experience
- Recreational and powersports products
- Medical device, pharmaceuticals, and other health care products
- Consumer products
- Construction and building materials
- Automotive
- Transportation
- Manufacturing
- Insurance
- Sporting goods
- Ski area defense
Representative Matters
- Henry v. 3M Company, et al. (won defense verdict as trial counsel in week-and-a-half long jury trial involving wrongful death asbestos exposure claims)
- Block v. Ford Motor Co. (won defense verdict as sole trial counsel in jury trial involving breach of warranty claims)
- Interstate Logo, Inc. v. Logo Signs of America, Inc. (second chaired three-week AAA arbitration involving complex partnership dispute)
- Illinois Farmers Ins. v. Mercedes-Benz USA, LLC (won summary judgment for automobile manufacturer in fire case)
- Alotech v. North Star Imaging, Inc. (won summary judgment for manufacturer of X-ray imaging system in commercial dispute involving fraud and misrepresentation claims)
- Hansen v. The Northwestern Mutual Life Ins. Co. (won summary judgment in insurance coverage case, affirmed by Minnesota Court of Appeals)
- Defense of recreational products manufacturer in multiple jurisdictions throughout the country in wrongful death and significant injury cases involving ATVs, side by sides, and snowmobiles
- Multiple dismissals of product manufacturer in asbestos litigation in several jurisdictions
- Secured dismissal of punitive damages claim on behalf of medical device manufacturer in multi-million dollar contract and royalty dispute
- Defense of major chemical manufacturer in pesticide product liability matter; obtained complete dismissal based on federal preemption defense
- Part of local defense team for medical device company in consolidated spinal implant litigation
- Defense of bicycle component manufacturer in traumatic brain injury case
- Defense of ski area in ski and alpine slide injury cases
- Defense of radiation therapy equipment manufacturer in medical malpractice case
Recognitions and Honors
- Selected to Minnesota Rising Stars list, published by Super Lawyers (2014-2020)
- Law Clerk for the Honorable Larry B. Stauber, Minnesota Court of Appeals
- Managing Editor, Hamline Law Review
- CALI Awards (highest grade): Legal Research & Writing I & II, Contracts I, Intellectual Property, International Law, and Employment Law
- MSBA Labor & Employment Award for Excellence in the Study of Employment Law
Publications and Presentations
- In-House Experts: How to Build Your Case Through the Use of Employee Experts, MDLA Mid-Winter Conference, January 2014
Professional Associations
- Minnesota State Bar Association
- Hennepin County Bar Association
- Minnesota Defense Lawyers Association
- Member, MDLA Editorial Committee
- Defense Research Institute (DRI)
Community Engagement
- Volunteer Lawyers Network
- Reducing Liability for Concussion-Related Lawsuits: Document Your Training and Education
- Seventeen NJL Lawyers Listed in Super Lawyers and Rising Stars
- Minnesota Price-Gouging Laws: What Retailers and Manufacturers Need to Know
- Federal Courts Turn Away Challenges to FDA’s e-Cig Regulations
- Vaping Deaths: What Manufacturers and Retailers Need to Know about Current Laws and Regulations
- Liability for Allegedly Unnecessary Product Recall?
- Plaintiffs’ Lawyers Seek to Bring E-Cigarette Lawsuits to Minnesota
- Twenty Nilan Johnson Lewis Attorneys Named to 2018 Minnesota Super Lawyers & Rising Stars Lists
- Benjamin Johnson and Matthew Murphy Promoted to Shareholder at Nilan Johnson Lewis
- CPSC Announces Yet Another Lithium-Ion Battery Recall
- CPSC Wins Decisively in Rare Decision Addressing Procedural Defenses to CPSA Enforcement Actions
- CPSC Again Pursues Significant Penalties for Untimely Reporting
- Eighteen Nilan Johnson Lewis Attorneys Named to 2016 Minnesota Super Lawyers & Rising Stars Lists
- Seventeen Nilan Johnson Lewis Attorneys Recognized As 2015 Super Lawyers and Rising Stars
- Nilan Johnson Lewis Attorneys Named 2014 Super Lawyers and Rising Stars
- First-Year Associate Wins Big in Lemon Law Trial