Education: University of Michigan Law School
Degree: JD
Year: 1979
Honors: cum laude

Key Practice Experience

• National, regional and local counsel in defense of personal injury and consumer fraud actions involving pharmaceuticals, medical devices, over-the-counter products, vaccines and veterinary biologics, and workplace and environmental exposures to hazardous substances; lead trial counsel in Mirapex (MDL 1836) bellwether actions (2008)
• National counsel in defense of personal injury, abatement actions against former manufacturer of lead pigment and lead paint in actions across United States; trial counsel in Rhode Island (2005-06, longest civil jury trial in Rhode Island history), Wisconsin (2007) personal injury and abatement actions
• Defense counsel in complex commercial, corporate, and antitrust litigation
• Trial counsel for manufacturers of scientifically- and technically-complex products
• Experienced in trying complex scientific and commercial cases to juries
• Experienced in defending against class certification motions in mass tort, commercial, consumer fraud and antitrust litigation
• Experienced in MDL practice and procedure
• Experienced in federal preemption issues, including establishment of precedent-setting federal preemption defense for manufacturers of veterinary biologics

Key Industry Experience

• Manufacturing
• Health

Representative Cases/Transactions

• Gazal v. Boehringer Ingelheim Pharmaceuticals, Inc., 647 F.3d 833 (8th Cir. 2011)
• State of Rhode Island v. Lead Industries Ass’n, 951 A.2d 428 (R.I. 2008)
• Jackson v. Glidden Co., 2007 WL 184662 (Ohio App. 8th Dist., 2007)
• Slidell, Inc. v. Millennium Inorganic Chemicals, Inc., 460 F.3d 1047 (8th Cir. 2006)
• Smith v. Lead Industries Ass’n, 386 Md. 12, 871 A.2d 545 (2005)
• Glover v. Merck & Co., Inc., 345 F. Supp.2d 994 (D. Minn. 2004)
• Symens v. SmithKline Beecham Corp., 152 F.3d 1050 (8th Cir. 1998)
• Garrelts v. SmithKline Beecham Corp., 943 F. Supp. 1023 (N.D. Ia. 1996)
• Lynbrook Farms v. SmithKline Beecham Corp., 79 F.3d 620 (7th Cir. 1996), cert. denied, 519 U.S. 897 (1996)
• Dahlgren’s Nursery v. E.I. du Pont de Nemours & Co., 1994 U.S. Dist. LEXIS 17918 (S.D. Fla. 1994)
• Werlein v. United States, 746 F. Supp. 887 (D. Minn. 1990)
• Approximately 50-60 other reported decisions in federal and state courts across the country

Professional Recognitions/Honors

• Board Certified Civil Trial Specialist, Minnesota State Bar Association
• Listed in International Who’s Who of Product Liability Defense Lawyers

Selected Publications/Presentations

• Author, “Unwanted Side Effects —How Manufacturer-Physician Disclosure Laws May Complicate the Defense Of Litigation,” Medical Device Litigation Reporter (Thompson Reuters), vol. 16, No. 17, October 12, 2009
• Author, “Beyond Detail – A Current Survey of Physician-Manufacturer Gift Bans and Financial Disclosure Requirements,” September, 2009, available at www.nilanjohnson.com
• Speaker, Mealey’s Lead Litigation Update, Orlando, FL, April 3-4, 2008
• Speaker, Mealey’s Lead Litigation Update, Chicago, IL, April 19-20, 2007
• Speaker, Defense Research Institute Teleconference, September 12, 2006
• Co-author, “A Review of the First 18 Months of the Class Action Fairness Act,” Defense Research Institute, August 2006
• Speaker, Mealey’s Lead Litigation Update, Boston, MA, April 2006
• Speaker, International Association of Defense Counsel Midyear Meeting, February 2004
• Author, “Turning Lead Into Asbestos and Tobacco – Litigation Alchemy Gone Wrong,” IADC, February 2004
• Author, “Restoring Forum Fairness to Interstate Class Actions – The Class Action Fairness Act of 2002,” Tort Source, Summer 2002
• Author, “Detaching the ‘Do Not Remove’ Tag From State Class Actions,” For the Defense, January 2002
• Over 50 other articles and speaking presentations on issues relating to product liability, toxic tort, mass tort and environmental litigation

Professional Associations

• American Bar Association (Co-Chair, Section of Litigation, Environmental Litigation Committee, 1994-97)
• Minnesota State Bar Association
• Hennepin County Bar Association
• American Veterinary Medical Law Association
• Defense Research Institute

Community Involvement

• Registered Official, Minnesota State High School League, Track and Field
• Scoutmaster, Boy Scout Troop 48, Edina, Minnesota
• Coach, Edina Football Association
• Warden, St. Luke’s Episcopal Church, Minneapolis, MN
• Member and Board Member, Edina Chorale

Bar Admissions

• Minnesota Supreme Court
• Indiana Supreme Court
• U.S. Supreme Court
• U.S. District Court for the District of Minnesota
• U.S. District Court for the Central District of Illinois
• U.S. District Court for the Southern District of Indiana
• U.S. District Court for the Eastern District of Wisconsin
• U.S. Court of Appeals, 3rd Circuit
• U.S. Court of Appeals, 7th Circuit
• U.S. Court of Appeals, 8th Circuit
• U.S. Court of Appeals, 10th Circuit

Other Education

• B.S., Chemical Engineering (1976), Cornell University, with distinction