Brian J. Benoit

Industry Contributions

Brian has published numerous articles on the admissibility of expert testimony, investigation of fire scenes, and trends in product liability law.

• Litigation on Fire NFPA 921 in the Courts, NFPA National Conference, June 12-14, 2011, Boston, Massachusetts.
• 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.
• 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.
• Defending Fire Claims 101: Investigation, Defense Research Institute, Strictly Speaking, Volume 6, Issue 4, Brian J. Benoit, Ryan M. Frierott, and James Rozak, 2009.
• Product Liability and Foreign Manufacturers, IDC Quarterly, Illinois Association of Defense Trial Counsel, Third Quarter, 2008, Vol. 18, No. 3.
• Smoking Out Judicial Treatment of NFPA 921: Guide for Fire and Explosion Investigations, Defense Research Institute, For the Defense, December 2008.
• NFPA 921 in the Courts: Extinguishing Evidentiary Challenges with NFPA 921, 2009 National Fire Prevention Association National Conference, McCormick Place, Chicago, Illinois.

Brian also regularly authors legislative updates in the Defense Research Institute’s weekly newsletter, The Voice.

Notable Cases

• State Farm Fire & Casualty v. Jarden Corporation, 2010 U.S. Dist. Lexis 60327  (S.D. Ind. 2010):  The Court granted Brian's motion to exclude plaintiff's electrical engineering expert under Daubert v. Merrell Dow Pharmaceuticals and FRE 702 on the grounds that plaintiff's expert's opinion were unreliable and were not subjected to adequate testing.

 Community Involvement

Brian maintains an active pro bono practice, teaming up with the Center for Disability and Elder Law to assist with litigation involving disabled and elderly individuals.

Professional Associations

• Claims and Litigation Management Alliance
• American Bar Association
• Illinois State Bar Association
• Chicago Bar Association
• Illinois Association of Defense Trial Counsel
• Defense Research Institute (Product Liability Committee)