Benjamin F. Johns

Bio

Benjamin F. Johns first began working at the firm as a Summer Associate while pursuing a J.D./M.B.A. joint degree program in business school and law school. He became a full-time Associate upon graduation, and is now a Partner. Over the course of his legal career, Ben has argued in the United States Court of Appeals for the District of Columbia Circuit, the Commonwealth Court of Pennsylvania sitting en banc, and in other state and federal district courts across the country. He has argued and briefed dispositive motions to dismiss, for class certification and for summary judgment. He has also deposed prison guards, lawyers, bankers, engineers, I.R.S. officials, information technology personnel, and other witnesses. Specifically, he has provided substantial assistance in the prosecution of the following cases:

  • In re Checking Account Overdraft Litig., No. 1:09-MD-02036-JLK (S.D. Fla.). (Ben is actively involved in these Multidistrict Litigation proceedings, which involve allegations that dozens of banks reorder and manipulate the posting order of debit transactions.  Settlements collectively in excess of $1 billion have been reached with several banks.  Ben was actively involved in prosecuting the actions against U.S. Bank ($55 million settlement) and Comerica Bank ($14.5 million settlement).
  • In re Flonase Antitrust Litig., 2:08-cv-03301-AB (E.D. Pa.). (indirect purchaser plaintiffs alleged that the manufacturer of Flonase (a nasal allergy spray) filed “sham” citizen petitions with the FDA in order to delay the approval of less expensive generic versions of the drug.  A $46 million settlement was reached on behalf of all indirect purchasers.  Ben argued a motion before the District Court.).
  • In re: Elk Cross Timbers Decking Marketing, Sales Practices and Products Liability Litig., No. 15-cv-18-JLL-JAD (D.N.J.) (Ben was appointed by the Court to the Plaintiffs’ Steering Committee in this MDL proceeding, which involved allegedly defective wood-composite decking, and which ultimately resulted in a settlement that provided significant benefits to class members).
  • In re TriCor Indirect Purchasers Antitrust Litig., No. 05-360-SLR (D. Del.).  ($65.7 million settlement on behalf of indirect purchasers who claimed that the manufacturers of a cholesterol drug engaged in anticompetitive conduct designed to keep generic versions off of the market.)
  • Physicians of Winter Haven LLC, d/b/a Day Surgery Center v. STERIS Corporation, No. 1:10-cv-00264-CAB (N.D. Ohio). ($20 million settlement on behalf of hospitals and surgery centers that purchased a sterilization device that allegedly did not receive the required pre-sale authorization from the FDA.)
  • West v. ExamSoft Worldwide, Inc., No. 14-cv-22950-UU (S.D. Fla.) ($2.1 million settlement on behalf of July 2014 bar exam applicants in several states who paid to use software for the written portion of the exam which allegedly failed to function properly).
  • Henderson, v. Volvo Cars of North America, LLC, No. 2:09-cv-04146-CCC-JAD (D. N.J.). (provided substantial assistance in this consumer automobile case that settled after the plaintiffs prevailed, in large part, on a motion to dismiss).
  • In re Marine Hose Antitrust Litig., No. 08-MDL-1888 (S.D. Fla.) (Settlements totaling nearly $32 million on behalf of purchasers of marine hose.)
  • In re Philips/Magnavox Television Litig., No. 2:09-cv-03072-CCC-JAD (D. N.J.).  (Settlement in excess of $4 million on behalf of consumers whose flat screen televisions failed due to an alleged design defect.  Ben argued against one of the motions to dismiss.)
  • Allison, et al. v. The GEO Group, No. 2:08-cv-467-JD (E.D. Pa.), and Kurian v. County of Lancaster, No. 2:07-cv-03482-PD (E.D. Pa.).  (Settlements totaling $5.4 million in two civil rights class action lawsuits involving allegedly unconstitutional strip searches at prisons).
  • In re Recoton Sec. Litig., 6:03-cv-00734-JA-KRS (M.D.Fla.).  ($3 million settlement for alleged violations of the Securities Exchange Act of 1934)
  • Smith v. Gaiam, Inc., No. 09-cv-02545-WYD-BNB (D. Colo.). (Obtained a settlement in this consumer fraud case that provided full recovery to approximately 930,000 class members.)

Ben has also had success at the appellate level in cases to which he substantially contributed.  See Cohen v. United States, 578 F.3d 1 (D.C. Cir. 2009), reh’g granted per curiam, 599 F.3d 652 (D.C. Cir. 2010), remanded by, 650 F.3d 717 (D.C. Cir. 2011) (en banc) (reversing district court’s decision to the extent that it dismissed taxpayers’ claims under the Administrative Procedure Act); Lone Star Nat’l Bank, N.A. v. Heartland Payment Sys., 729 F.3d 421 (5th Cir. 2013) (reversing district court’s decision dismissing financial institutions’ common law tort claims against a credit card processor). Ben was recently elected to a three year term on the Executive Committee of the Philadelphia Bar Association’s Young Lawyers Division. He also served on the Editorial Board of the Philadelphia Bar Reporter, and is presently on the Board of Directors for the Dickinson School of Law Alumni Society. Ben was also a head coach in the Narberth basketball summer league for several years.  He has been published in the Philadelphia Lawyer magazine and the Philadelphia Bar Reporter, presented a Continuing Legal Education course to fellow lawyers, and spoken to a class of law school students about the practice.  While in college, Ben was on the varsity basketball team and spent a semester studying abroad in Osaka, Japan. He graduated from high school as the then all-time leading basketball scorer, and once beat Kobe Bryant in a three point shooting contest. Ben has been named a “Lawyer on the Fast Track” by The Legal Intelligencer, a “Top 40 Under 40” attorney by The National Trial Lawyers, and a Pennsylvania “Rising Star” for the past five years.

Practice Areas:
Education:
  • Penn State Dickinson School of Law, J.D., 2005 – Woolsack Honor Society
  • Penn State Harrisburg, M.B.A., 2004 – Beta Gamma Sigma Honor Society
  • Washington and Lee University, B.S., 2002 – cum laude
Memberships & Associations:
  • Executive Committee, Young Lawyers Division of the Philadelphia Bar Association
  • Board Member, The Dickinson School of Law Alumni Society
  • Editorial Board, Philadelphia Bar Reporter 2013-16
  • Member, Washington and Lee Alumni Admissions Program
Admissions:
  • United States Court of Appeals for the Third Circuit
  • United States Court of Appeals for the District of Columbia Circuit
  • United States District Court for the Eastern District of Pennsylvania
  • United States District Court for the Middle District of Pennsylvania
  • United States District Court for the District of New Jersey
  • United States District Court for the District of Colorado
  • United States Court of Federal Claims
  • Supreme Court of Pennsylvania
  • Supreme Court of New Jersey
Honors:
  • Named a “Lawyer on the Fast Track” by The Legal Intelligencer
  • Named a Pennsylvania “Rising Star” from 2010-2016
  • Recognized as a “Top 40 Under 40” lawyer by The National Trial Lawyers

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