Paul E. Benson

For more than 30 years, Paul has specialized in product liability defense, toxic tort defense, class action defense, multi-district litigation (MDL) defense, and other complex commercial litigation. He is particularly well known for his work in the class action, mass tort, and food and beverage sectors, where he is a nationally and locally recognized speaker and thought leader on product liability issues and regulatory trends.

In all of these areas, Paul has established a reputation for outstanding results. He has used motion practice to obtain summary judgment and/or dismissal in more than half of the cases he has defended in Wisconsin State and Federal Court. He has argued multiple cases before the Wisconsin Supreme Court and the Seventh Circuit Court of Appeals, and handled numerous matters that have resulted in reported decisions across the country.

Paul’s national product liability defense practice is extremely diverse. He has defended clients against claims of injuries involving industrial and construction equipment, consumer products (including matters involving Consumer Product Safety Commission (CPSC) recalls), drugs and pharmaceuticals, medical implements and devices, petroleum products, food and beverage products, and toxic chemicals and substances. He has successfully litigated significant exposure cases involving industrial accident liability, automobile liability, toxic tort liability, product recalls, and all types of general negligence and strict liability claims.

He has defended clients in a variety of class actions, collective actions and MDL cases. Paul is lead defense counsel in class actions involving allegations of deceptive advertising and consumer fraud, violations of the Fair Labor Standards Act (FLSA), and violations of the consumer protection laws of various states. He has handled FLSA collective actions concerning wage and hour claims, employee versus independent contractor disputes, and disputes over employee exemption status. He also has substantial experience in MDL matters, serving as lead Wisconsin counsel for medical device manufacturers and pharmaceutical companies, consumer products companies, and chemical companies in major cases.

Paul has prosecuted and defended a wide variety of complex commercial cases, including those involving all types of torts, fraud, false advertising, defamation, unfair competition, contract actions and Uniform Commercial Code disputes, employment actions, and real estate litigation.

Paul’s work in the food and beverage sector includes not only litigation, but a range of activities that help companies stay ahead of the regulatory and litigation curves. He has defended personal injury and property damage claims, as well as class action cases, and has overseen and assisted with food product recalls and related litigation. He is often sought out as both an author and speaker by various food and beverage trade associations on topics including safety, regulatory compliance, false advertising, and claims related to labeling and packaging.