BENJAMIN R. DWYER

Benjamin R. Dwyer is a litigator with substantial experience in commercial litigation and defense of product liability cases. Mr. Dwyer is licensed in New York and in Ontario, Canada, and can represent and advise clients with interests on both sides of the U.S.-Canada border.

Mr. Dwyer has successfully defended manufacturers, transportation companies, insurers, and other commercial interests in complex product liability and commercial litigation. His experience assists clients to identify and manage future threats and opportunities in litigation and dispute resolution on a local, national, and international basis. Mr. Dwyer handles commercial cases involving trade secrets and unfair competition, warranty and contract disputes, and cross-border discovery and judgment enforcement. He is experienced in all phases of litigation, including discovery, alternative dispute resolution, trial, and appellate practice.

Mr. Dwyer’s experience includes:

• Represented a leading global chemical manufacturer in mass tort litigation targeting a high-profile, high-production-volume chemical.
• Represented a U.S. avionics manufacturer in mass tort litigation arising from an airplane crash in Brazil.
• Represented a U.S. company in mass tort action brought in the U.S. by Canadian plaintiffs, involving choice of law and comparative interpretation of N.Y. and Ontario statutes.
• Represented a Canadian company in trade secret dispute with U.S.-based company.
• Advised a U.S. company on Canadian privacy law and its implications to U.S. companies.
• Advised U.S. clients on obtaining discovery in Canada for U.S. litigation and advised clients on both sides of the border on cross-border judgment enforcement.
• Advised clients on regulation by the Consumer Product Safety Commission.

Mr. Dwyer received a master’s degree from the London School of Economics and a law degree from the University of Buffalo. Prior to law school, he served as a legislative assistant to a member of the U.S. House of Representatives Foreign Affairs and Judiciary committees.

Publications

• “International Cooperation in the Regulation of Nanotechnology” (with V. Quinn), Product Liability Law and Strategy, January 2013.
• “U.S. Companies and Canadian Privacy Law: Beware,” Law 360: Privacy & Consumer Protection, May 18, 2012 (with Jacob J. Herstek).
• “AT&T Mobility V. Concepcion: A Win For Class Waivers,” Law 360: Class Action, April 28, 2011 (with Christopher M. Mason).
• “The Convention on the Use of Electronic Communications in International Contracts: Seeking Clarity and Uniformity in International Electronic Commerce,” New York State Bar Association, New York International Chapter News, Summer 2011.
• “Agency in Business and Commercial Litigation in Federal Courts,” 3d ed., forthcoming (with Harry P. Trueheart).
• “Recent Developments in Class Actions,” Law Journal Newsletters: Product Liability Law & Strategy, January 2011 (with Tracey B. Ehlers).
• “Making Sense of the BPA Debate,” Law 360: Products Liability, June 23, 2010.
• “Endocrine Disruption Injury Claims,” in For the Defense, January 2010 (with Samuel Goldblatt).
• “United States Signs Treaty to Strengthen Enforcement of International Judgments: The Hague Convention on Choice of Court Agreements,” in Nickles & Epstein, Debtor-Creditor: Creditor Remedies and Debtor Rights Under State and Non-Bankruptcy Federal Law, West American Casebook Series (2009) (with Joseph J. Ortego).
• “Role of Corporate Executives,” in Product Liability Litigation: Current Law, Strategy and Best Practices, Practising Law Institute (2009) (with Samuel Goldblatt).
• “Putting Nanotechnology Under the Microscope,” Law 360: Products Liability, August 7, 2009 (with Joseph J. Leghorn).
• “Assessing Expert Opinion: A Primer for Young Lawyers,” The Whisper: DRI Young Lawyers Committee Newsletter, February 2008.

Reported Cases

Mr. Dwyer authored or coauthored briefs on the following reported cases:

• Calderone v. Wiemeier, 77 A.D.2d 1232, 911 N.Y.S.2d 190 (N.Y. App. 2010).
• Rochester-Genesee Reg'l Transp. Auth v. Cummins, Inc., 2010 U.S. Dist. Lexis 75805 (W.D.N.Y. 2010).
• Island Park, LLC v. CSX Transportation, Inc., 559 F.3d 96 (2d Cir. 2009).
• In re Air Crash Near Peixoto de Azeveda, Brazil on September 29, 2006, 574 F. Supp. 2d 272 (E.D.N.Y. 2008).
• Cummins, Inc. v. Atlantic Mutual Insurance Co., 56 A.D.3d 288, 867 N.Y.S.2d 81 (N.Y.App. 2008).
• Taylor v. Airco, Inc., 503 F. Supp. 2d 432 (D. Mass. 2007).
• Kordasiewicz v. BCC Products, Inc., 26 A.D.3d 853, 809 N.Y.S.2d 748 (N.Y. App. 2006).
• Toepp v. Myers Community Hospital, 280 A.D.2d 921, 721 N.Y.S.2d 177 (N.Y. App. 2001), app. den., 724 N.Y.S.2d 144 (N.Y. App. 2001).
• Nucci v. Proper, M.D., 270 A.D.2d 816, 705 N.Y.S.2d 144 (N.Y. App. 2000), aff'd, 95 N.Y.2d 597, 744 N.E.2d 128, 721 N.Y.S.2d 593 (N.Y. 2001).
• Ellsworth v. Chan, M.D., 270 A.D.2d 811, 705 N.Y.S.2d 751 (N.Y. App. 2000), app. den., 95 N.Y.2d 757, 734 N.E.2d 1212 (N.Y. 2000).
• Bush v. Rodenhouse, M.D., 265 A.D.2d 946, 697 N.Y.S.2d 455 (N.Y. App. 1999).