Jerry W. Blackwell

FOUNDER & CHAIRMAN

Phone: 612.343.3232
Email:

BACKGROUND

Jerry W. Blackwell is the founding partner, CEO and chairman of Blackwell Burke P.A. Mr. Blackwell serves as national and trial counsel for several major corporations, having represented them in federal and state courts in 47 states and internationally. He is an experienced trial lawyer with nationwide experience defending class actions, toxic tort, commercial disputes, products liability, and other high stakes complex cases. Mr. Blackwell has numerous winning jury verdicts and favorable settlements to his credit. He is a frequent presenter on winning trial strategies and how to communicate complicated legal, scientific, and business issues to jurors.

Mr. Blackwell is admitted to practice in the state and federal courts of Minnesota, federal district courts of Michigan, Arizona, Colorado, and Illinois, as well as the United States Supreme Court and Fourth, Seventh, Eighth, Ninth and Eleventh Circuit Courts of Appeals. Mr. Blackwell has presented to the Federal Bar Association, American Bar Association, Minnesota State Bar Association, National Bar Association, International Association of Defense Counsel, National College of Advocacy, and various Fortune 500 clients and trade organizations.

He is a founder of the Minnesota Association of Black Lawyers. In 2011, Governor Mark Dayton appointed Mr. Blackwell to serve as an at-large member of the Minnesota Commission on Judicial Appointments. He was reappointed to the Commission in 2015..

EDUCATION

  • University of North Carolina School of Law (J.D., 1987)
  • University of North Carolina at Chapel Hill (B.S., 1984)

AWARDS

  • AV Preeminent® Ranking (Martindale-Hubbell)
  • AV Preeminent® Ranking – Judicial Edition (Martindale Hubbell)
  • Counsel to Counsel Award – The National Law Journal
  • 21st Edition of The Best Lawyers in America©- Products Liability Defense
  •  20th Edition of The Best Lawyers in America© - Products Liability Defense
  •  Benchmark Litigation Minnesota Litigation Star 
  • BTI Client Service MVP (only one in Minnesota) 
  • BTI Client Service All-Star 
  • National Bar Association Commercial Section Cora T. Walker Award 
  • Outstanding Black Business of the Year (MN Black Chamber of Commerce) 
  • Excellence in Service Award, General Mills Supplier Diversity 
  • Minnesota Minority Business Owner of the Year 
  • Distinguished Citizen Award, Kappa Alpha Psi Fraternity
  •  Equal Justice Award, Minnesota Council on Crime and Justice 
  • Minnesota Attorney of the Year 
  • Minnesota "Super Lawyers®" list

PRESENTATIONS

  • Elimination of Bias: Challenges and Opportunities for Black Lawyers in Minnesota’s Legal Community, Minnesota CLE, April 9, 2014, Minneapolis, MN
  • Avoiding Trial by Fire: Interactive and Illustrative Trial Tips from the Experts, NAMWOLF Conference, September 21-25, 2013, Minneapolis, MN.
  • Presenting Food Science to the Judge or Jury, American Bar Association’s Section of Products Liability Food & Supplements Third Annual Workshop, June 18, 2013, Oakbrook, IL.
  • Reap What You Sow: Using Technology to Pick the Right Jurors, DRI Product Liability Conference: Make Your Products Practice Bloom, April 3, 2013, Washington, D.C.
  • Showdown: Products Masters Demonstrate Their Closing Styles, DRI Product Liability Conference: Make Your Products Practice Bloom, April 5, 2013, Washington, D.C.
  • How to Protect Your Company with an Effective Food Liability Program, Food Safety Summit, April 17, 2012, Washington, D.C.
  • The Wizard of Oz and the “Expert” Behind the Curtain: Deconstructing Junk Science and Winning Your Case, Grocery Manufacturers Association 2011 Foodborne Illness Litigation Conference, Chicago, IL (with C. Gordon).

REPRESENTATIVE CASES

  • Benzene Exposure Trial. Won a complete defense verdict for one of the world's largest global innovation manufacturing companies in a seven-figure benzene exposure case in Madison County, Illinois after a two-week trial. Madison County has consistently been named a “judicial hellhole” for corporate defendants.
  • Hebrew National Putative Nationwide Class Action. Won dismissal with prejudice of a putative nationwide class action brought against ConAgra Foods, Inc. This was the third victory for the Blackwell Burke defense team (following published decisions in federal court and the Eighth Circuit) in litigation in which the plaintiffs alleged that the ConAgra’s Hebrew National brand beef products were not “100% kosher as advertised.”
  • "Popcorn Lung" Litigation. Won a complete defense victory as first-chair trial counsel in a month-long jury trial in the first consumer "popcorn lung" case to go to trial. Won summary judgment in the first "popcorn lung" case resolved in federal court by refuting plaintiff's primary argument that consumer exposure to popcorn vapors was comparable to industrial-level exposure. Both cases were affirmed on appeal.
  • Asbestos Exposure Trial. Won a complete defense verdict for one of the world's largest global innovation manufacturing companies in a seven-figure asbestos exposure case in St. Louis, Missouri (another “judicial hellhole”) by successfully demonstrating that the plaintiff did not have silicosis, but EHE (epithelioid hemangio-endothelioma), a rare, non-occupational vascular tumor originally misdiagnosed by his treaters.
  • Toxic Tort and Mass Tort Litigation. National coordinating and national trial counsel for complex toxic tort and mass tort litigation for Fortune 500 clients in claims involving exposures to, among other substances, asbestos, benzene, silica, and diacetyl in state and federal courts nationwide, often in jurisdictions known to be hostile to corporate defendants. Cases have resolved with trial court victories and favorable settlements. Other litigation is ongoing.
  • Walmart Wage and Hour Class Action. Minnesota trial counsel for Walmart in three-month wage and hour class action in Minnesota in which the class made allegations of rest break and meal period violations, as well as claims for uncompensated off-the-clock work.
  • Yo-Plus Consumer Class Action. Defended General Mills, Inc. against a class action, on behalf of California purchasers, alleging that Yo-Plus probiotic yogurt does not promote digestive health as advertised. General Mills retained Mr. Blackwell as first-chair trial counsel after the court granted class certification. Blackwell Burke then obtained de-certification of the class’s claims for damages, including its claim for punitive damages. The case settled shortly after the de-certification decision.
  • Nature Valley Putative Nationwide Class Action. Won complete defense victory on behalf of General Mills, against allegations of mislabeling and false advertising related to the company’s snack bars.
  • Fuel dealer franchise litigation. Won summary judgment in favor of Exxon Mobil Corporation in suit challenging “zone pricing” as illegal price discrimination. Also won summary judgment for the same company in class action by franchisee dealers challenging fuel pricing, and won concurrent Third Circuit appeal from denial of preliminary injunction.
  • Electronic Components Jury Victory. Won a summary jury verdict in favor of Vishay Intertechnology Inc., a global electronic components manufacturer (and third-party defendant) against breach of implied warranty and product defect claims.
  • Contractual Indemnity Trial. Won defense victory on behalf of General Mills in contractual-indemnity claim filed in the Northern District of Georgia. CSX Transportation sought reimbursement for a settlement of $16 million it paid to a former General Mills’ employee following a serious railcar accident at General Mills’ Convington, Georgia facility in 2005. The settlement was made pending CSX’s appeal of a $20.5 million jury verdict against it, based on the jury’s finding that CSX was at fault for the accident. The Court dismissed CSX’s indemnity claims against General Mills, agreeing that it was not contractually required to indemnify CSX for claims arising from CSX’s sole negligence.

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