Brian J. Benoit

Brian J. Benoit

Brian focuses his practice on the products liability matters, with an emphasis on fire and casualty claims, premises liability, construction defect, toxic tort and commercial disputes. Brian began his career defending Fortune 500 companies in personal injury and property damage claims across the country. He has successfully excluded testimony on the basis that it failed to adhere to the scientific method and is a frequent lecturer and author on the scrutiny of expert testimony.

Education

  • The John Marshall Law School, JD, 2006
  • The University of Arizona, BA, 2002

Admissions

  • Illinois
  • United States District Courts: Northern District of Illinois, Central District of Illinois

Publications

  • What’s The Damage? – Properly Evaluating Real and Personal Property Claims, Litigation Management, Claims and Litigation Management Alliance, March, 2017
  • Don’t Go Up in Smoke – Following NFPA 921 in a Fire Claim Investigation, Litigation Management, Claims and Litigation Management Alliance, Winter, 2015
  • Managing a Fire Claim: Guide for Claims Handlers to Effectively Investigate and Evaluate a Fire Loss, Claims and Litigation Management Alliance, Continuing Education Coursework and Testing Materials.
  • After the Fire – Evaluating Exposure and Expense Post Fire Scene Exam, Litigation Management, Claims and Litigation Management Alliance, Fall, 2015
  • No defect? No problem. Proving Product Liability Claims Through Circumstantial Evidence, Westlaw Journal – Medical Devices, Thompson Reuters/Westlaw, Volume 21, Issue 25, February 10, 2015
  • When Does the Modification of a Product Trigger an Exception to the Statute of Repose?, IDC Quarterly, Illinois Association of Defense Trial Counsel, First Quarter, 2015
  • Connecticut Ponders Liability in the Absence of Evidence, Law360, July 18, 2014
  • Design Defect and the Social Utility of a Product, Illinois Association of Defense Trial Counsel IDC Quarterly, Vol. 24, No. 2, 2014
  • Defending a Defect Allegation Based on Circumstantial Evidence, Defense Research Institute, For the Defense, November, 2013.
  • Defending Fire Claims 101: Investigation, Defense Research Institute, Strictly Speaking, Volume 6, Issue 4, 2009.
  • Smoking Out Judicial Treatment of NFPA 921: Guide for Fire and Explosion Investigations, Defense Research Institute, For the Defense, December 2008.
  • Use of Plaintiff's Expert Affidavits to Create Questions of Material Fact, IDC Quarterly, Illinois Association of Defense Trial Counsel, Third Quarter, 2010, Vol. 20, No. 3.
  • Buyer Beware – Shielding Purchasers of Distressed Assets from Product Liability Claims, IDC Quarterly, Illinois Association of Defense Trial Counsel, Third Quarter, 2009, Vol. 19, No. 3.
  • Product Liability and Foreign Manufacturers, IDC Quarterly, Illinois Association of Defense Trial Counsel, Third Quarter, 2008, Vol. 18, No. 3.

Seminars

  • Excess vs. Access, When is Your Loss Covered?, Lockton Complex Risk Symposium, April, 2016, St. Louis, MO
  • Claims & Coverage Involving Foreign Products, HB Litigation Conferences, February, 2016, Los Angeles, CA
  • Bridging the Cultural Gap in a Global Environment, CLM Annual Conference, April, 2015
  • What a Tangled Web We Weave When Dealing With a Party of Three: Examining the Relationship Between an Insured, Insured’s Counsel, and the Insurer, CLM Annual Conference, April, 2013
  •  Investigation and Litigation of a Product Fire Loss Case, CLM Products Liability Conference, 2013
  • NFPA 921 In the Courts, Missouri IAAI Annual Conference, June 2012, Lake of the Ozarks, MO
  • Litigation on Fire, NFPA 921 in the Courts, NFPA National Conference, June 12 – 14, 2011. Boston, Massachusetts.
  • Nuts, Bolts and Spokes of Bicycle Claims, General Insurance and Retailer Presentation, October, 2011
  • Investigation of Industrial Fires, General Insurance Presentation, June, 2011
  • Don't Cross Me: Cross Examining the Adverse Expert, The Defense Research Institute, Fire and Explosion Seminar, November 2010, Chicago, Illinois.

Professional Activities

  • Claims and Litigation Management Alliance

Representative Reported Cases

  • State Farm Fire & Casualty v. Jarden Corporation, 2010 WL 2541249