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Benjamin A. Kaplan



Ben focuses on consumer protection, business tort, and class action litigation, providing careful analysis of complex issues and practical advice for resolving disputes and concerns. Ben has jury trial experience in both state and federal courts, as well as appellate experience in multiple federal appellate circuits.  


Ben’s diverse practice includes:

  • Successfully represented an appliance manufacturer in a $40 million class action, where the plaintiffs alleged false advertising
  • Successfully defended a cooperative accused of misrepresentations, obtaining a jury verdict of “no liability”
  • Successfully defended a manufacturer in a trademark infringement dispute, including full dismissal at summary judgment that the Federal Circuit affirmed on appeal
  • Successfully defended a small business owner in a dispute over the purchase of faulty machinery, including a victorious verdict at trial
  • Represented an inmate prosecuting a Section 1983 claim, through jury trial in federal court
  • On appeal before the Second Circuit, successfully obtained a reduction in judgment from over $5 million to under $2 million
  • Successfully represented a municipality in incorporation litigation, including a successful verdict at trial and affirmed by the Wisconsin Court of Appeals

During law school, Ben worked in the chambers of the Honorable Diana Murphy of the U.S. Court of Appeals for the Eighth Circuit and for the Hennepin County Public Defender’s Office. In addition to his normal case load, Ben has represented multiple incarcerated individuals in various civil rights disputes.

Honors & Recognitions

  • Up and Coming Lawyer, Wisconsin Law Journal, 2017
  • “Rising Stars," Wisconsin Super Lawyers, 2015-2017
  • Dean’s Distinguished Scholar, Minnesota Law School

Professional Activities

  • Member, State Bar of Wisconsin, Milwaukee Bar Association
  • Member, Litigation and Appellate Sections, American Bar Association



Community Involvement

  • Marquette Volunteer Legal Clinic and Mobile Legal Clinic Volunteer Attorney 
  • Minnesota Juvenile Justice Coalition
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