Benjamin J. Wilson

Senior Associate | bjwilson@smsm.com
Senior Associate | St. Louis, MO
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Benjamin Wilson focuses his practice on toxic torts, product liability and other areas of defense litigation.

Mr. Wilson has experience in all phases of pretrial litigation, from preparing responsive pleadings and dispositive motions to jury instructions and appellate briefs. He has appeared for depositions and hearings, attended settlement conferences and mediations and argued motions.

Before joining the firm, Mr. Wilson had several years of experience defending Fortune 500 companies in toxic tort and product-liability matters as well as assessing and developing response plans for cybersecurity incidents.

His approach to litigation is informed by over three years of experience clerking in federal court. He served as extern for U.S. District Judge G. Patrick Murphy during law school. Later, he clerked for Senior U.S. District Judge William D. Stiehl and then-Chief U.S. District Judge David R. Herndon in the Southern District of Illinois.

Mr. Wilson earned his J.D. from the St. Louis University School of Law, cum laude, where he was managing editor of the St. Louis University Public Law Review and held various honors. He holds a B.A. in linguistics with a minor in mathematics from the University of Iowa with honors.

Before entering law, Mr. Wilson was the manager of public relations at a major software company in Illinois. Having worked with clients and business partners worldwide in a high-tech environment has given him a unique set of skills and perspective.

Originally from Iowa, Mr. Wilson now lives in St. Louis and enjoys trail running, live music and spending time with family and friends around the fire pit.

Honors

  • Kansas Super Lawyers, Personal Injury - Products Defense, 2019
  • Missouri Super Lawyers, Personal Injury - Products Defense, 2019
  • International Trademark Association’s Ladas Memorial Award, 2013
  • U.S. District Court for the Southern District of Illinois, Special Service Award, 2013
  • Phi Delta Phi Balfour Award
  • SLU Law Alpha Sigma Nu Honor Society

Professional & Civic Involvement

  • Eighth Circuit Bar Association, Board of Directors & Newsletter Editor, 2016-2020
  • Historical Society of the U.S. Courts in the Eighth Circuit, Treasurer, 2019-present
  • Represented public water district in multi-million-dollar dispute against construction contractor and product manufacturer. Obtained favorable settlement valued at over $1.5 million.
  • Prevailed on motion to dismiss filed in U.S. District Court for the Eastern District of Missouri arguing that grant of summary judgment in prior case precluded any finding of causation (collateral estoppel) in current case involving S&P 400 industrial-products client.
  • Researched and drafted successful motion to apply maritime law and motion for summary judgment in U.S. District Court for the Southern District of Illinois for an industrial-products client.
  • Prepared and argued successful motion to strike that barred plaintiff’s expert witnesses from testifying and led to client’s dismissal with prejudice from case in the U.S. District Court for the Southern District of Illinois.
  • Researched and drafted successful motion requiring plaintiff’s expert witness to appear and testify live at trial, leading to client’s dismissal from case in U.S. District Court for the Southern District of Illinois.
  • Represented South Korean auto-parts manufacturer in a wrongful-death case arising from rollover accident. Selected experts for accident reconstruction and biomechanics; inspected vehicle; reached favorable settlement.
  • Successfully removed dozens of cases to federal court under federal-officer removal statute, 28 U.S.C. § 1442.
  • Researched and drafted many successful motions to dismiss based on lack of personal jurisdiction in U.S. District Courts for the Southern District of Illinois and Eastern District of Missouri.

Speaking Engagements

Moderator, “Professionalism and Advocacy in Appellate Practice,” 2019

Panelist, “Appellate Practice Across Multiple Disciplines,” 2017

Panelist, “The Student Experience,” SLU Law Legal Clinics Anniversary, 2014

  • “Chapter 21 – Costs on Appeal,” co-author, Eighth Circuit Appellate Practice Manual, 2018 and 2020
  • “Proposed Amendments to the Federal Rules of Appellate Procedure Seek to Overturn Eighth Circuit Caselaw,” Eighth Circuit Bar Association Newsletter, 2020
  • “Standing in Data-Breach Cases – Risk of Future Injury Remains Unsettled: SCOTUS Skirts Apparent Circuit Conflict,” author, blog article cited by SCOTUSblog, 2018
  • “The Unreasonable Effectiveness of Social Media,” author, Eighth Circuit Bar Association Newsletter, 2017
  • “Trademark Exhaustion and the Internet of Resold Things,” co-author, Research Handbook on Intellectual Property Exhaustion and Parallel Imports, 2016
  • Lu Junhong: The Seventh Circuit Stirs the Waters of Maritime Removals,” author, Illinois Association of Defense Trial Counsel Quarterly, 2015
  • “The Mark of a Resold Good,” co-author, George Mason Law Review, 2012
  • “Notice, Takedown, and the Good-Faith Standard: How to Protect Internet Users from Bad-Faith Removal of Web Content,” author, St. Louis University Public Law Review, 2010

Education

St. Louis University School of Law, J.D., cum laude, 2010

The University of Iowa, B.A., Linguistics, minor in Mathematics, 1999

Admissions

  • Illinois
  • Missouri
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Southern District of Illinois
  • U.S. District Court for the Eastern District of Missouri