Paul E. Benson

Wisconsin

Michael Best & Friedrich LLP
790 N. Water Street
Suite 2500
Milwaukee, WI 53202

Tel: 414.225.2757

Email: pebenson@michaelbest.com
Web: www.michaelbest.com

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 serves as lead Wisconsin counsel for medical device manufacturers and pharmaceutical companies, consumer products companies, and chemical companies in major cases.

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.

  • Leading Litigation: General Commercial Law, Chambers USA, 2019-Present
  • FaBfive Award Recipient, FaB Wisconsin, 2019
  • Litigation Star, Benchmark Litigation, 2013-present
  • Who’s Who Legal: Product Liability Defense, ABA Section of International Law, 2014-present
  • Martindale-Hubbell® AV Preeminent Rated
  • The Best Lawyers in America©, Commercial Litigation, Mass Tort Litigation/Class Actions – Defendants, Personal Injury Litigation – Defendants and Product Liability Litigation – Defendants, 2007-present
  • The Best Lawyers in America©, Lawyer of the Year, 2022
  • The Midwest’s Best Lawyers©, Commercial Litigation, Mass Tort Litigation/Class Actions – Defendants, Personal Injury Litigation – Defendants and Product Liability Litigation – Defendants, 2021
  • Ranked Top Rated Lawyer in litigation by Martindale-Hubbell®, 2015-present
  • Included in Wisconsin’s Best Lawyers: A Guide to Wisconsin’s Top Attorneys
  • “Leading Lawyers” list, Milwaukee’s M Magazine
  • Leaders in the Law, Wisconsin Law Journal, 2010
  • Board of Directors, President, Milwaukee Bar Association Foundation
  • Council Member and Food Safety Co-Chair, FaB Wisconsin
  • Sustaining Member, Product Liability Advisory Council
  • Member, American Bar Association (multiple sections)
  • Member, Defense Research Institute (multiple sections)
  • Member, Food and Drug Law Institute
  • Member, Midwest Food Processors Association
  • Member, Seventh Circuit Bar Association
  • Member, Wisconsin Association for Justice
  • Member, Wisconsin Bar Association (multiple sections)
  • Member, United States Supreme Court Historical Society
  • Law360 Product Liability Editorial Advisory Board Member, 2012-2017
  • Former Board Member, Milwaukee Bar Association
  • Former Board Member, Eastern District of Wisconsin Bar Association

Michael Best’s Products Liability team defends clients across a broad spectrum of industries, from medical care providers to nationally known consumer products manufacturers.

The insights of our lawyers and professional staff, many of whom have advanced degrees in engineering and the sciences as well as specific industry experience, add value when disputes hinge on technical or scientific issues.

While we are relentless advocates in the court room, we never lose sight of our client’s budget and business goals. We tailor our litigation strategy to our client’s expectations, whether that is early settlement, victory at trial, or something in between. Thus, our typical engagement starts with a detailed analysis of strengths and weaknesses that identifies potential liability exposure and the fair value of the case. As an alternative to trial, we have experience in all forms of alternative dispute resolution including mediation, mini-trials, and arbitration.

Our approach also focuses on risk management to identify and address issues before they become litigated disputes. We provide training and consultation during pending litigation and/or during regular business activities, away from the pressure of a trial. We aim to minimize exposure by, for example, assisting clients in the drafting of contract terms and conditions, warning labels and instructions; reviewing document retention policies; and evaluating insurance policies for gaps in coverage.

Michael Best is dedicated to our clients’ success. We’re a full-service law firm with more than 350 lawyers and technical professionals who work in collaborative, interdisciplinary practices to serve clients around the world.

We devote ourselves to understanding your whole organization, not just your legal matters. Our mission is to act as a true partner—to help you strategize, rise above challenges, and seize opportunities.

This holistic approach has earned us many loyal clients, from small start-ups to global Fortune 500 companies. We work with companies in all kinds of industries, as well as trade associations, non-profits, educational institutions, governments, family trusts, and high-net-worth individuals.

Since our firm’s founding in 1848, we’ve continuously evolved to meet our clients’ changing needs and expectations. One thing remains the same: For generations, clients have relied on Michael Best for exceptional legal service and business acumen.