Benjamin F. Johns

Bio

Benjamin F. Johns, a consumer protection lawyer and partner at Shub Law Firm LLC, is admitted to practice in all of the state and federal courts in Pennsylvania and New Jersey. Over the course of his legal career, Mr. Johns has taken and defended hundreds of depositions, including those of c-suite level executives of Fortune 500 companies, lawyers, bankers, experts, engineers, prison guards, I.R.S. officials, and information technology personnel. He has also argued successfully in trial courts and appellate courts across the country.

Mr. Johns is currently serving as court appointed interim co-lead counsel in several consumer data breach class actions, including In re Wawa, Inc. Data Security Litig., No. 2:19-cv-06019-GEKP (E.D. Pa); Kostka v. Dickey’s Barbeque Rests., No. 3:20-cv-3424-K (N.D. Tex.); In re Rutter’s Inc. Data Security Breach Litig., No. 1:20-cv-382 (M.D. Pa.) and In re Keystone Data Breach Litig., No. 1:22-cv-01643-CCC (M.D. Pa.). He is also a court appointed member of the Plaintiffs’ Steering Committee in Dusterhoft v. OneTouchPoint, Inc., 22-cv-0882-bhl (E.D. Wisc.), another data breach case involving medical information. In the defective automobile arena, Mr. Johns is currently serving as Chair of the Executive Committee in In re Subaru Battery Drain Prods. Liab. Litig., No. 1:20-cv-03095-JHR-JS (D.N.J.) and as a member of the Plaintiffs’ Steering Committee in Altobelli v. General Motors LLC, No. 20-cv-13256 (E.D. Mich.). The complaints in both of these cases have largely withstood motions to dismiss, and a proposed settlement is pending in the former matter.

Over the course of his career, Mr. Johns has provided substantial assistance in the prosecution of the following cases:

  • In re Macbook Keyboard Litig., No. 5:18-cv-02813-EJD (N.D. Cal.) (Mr. Johns took and defended numerous depositions and successfully argued two motions to dismiss and co-argued plaintiffs’ motion for class certification in this case which has settled for a $50 million common fund.)

  • Udeen v. Subaru of Am., Inc., 18-17334 (RBK/JS) (D.N.J.) (Mr. Johns was co-lead counsel in this consumer class action involving allegedly defective infotainment systems in certain Subaru automobiles, which resulted a settlement valued at $6.25 million. At the hearing granting final approval of the settlement, the district court commented that the plaintiffs’ team “are very skilled and very efficient lawyers…They’ve done a nice job.”)

  • In re Nexus 6P Product Liability Litig., No. 5:17-cv-02185-BLF (N.D. Cal.) (Mr. Johns served as co-lead counsel – and argued two of the motions to dismiss – in this defective smartphone class action.  The case resulted in a settlement valued at $9.75 million, which Judge Beth Labson Freeman described as “substantial” and an “excellent resolution of the case.”)

  • In re MyFord Touch Consumer Litig., No. 13-cv-03072-EMC (N.D. Cal.) (Mr. Johns served as court-appointed co-lead counsel in this consumer class action concerning allegedly defective MyFord Touch infotainment systems, which settled for $17 million shortly before trial.)

  • Weeks v. Google LLC, 5:18-cv-00801-NC, 2019 U.S. Dist. LEXIS 215943, at *8-9 (N.D. Cal. Dec. 13, 2019) (Mr. Johns was co-lead counsel – and successfully argued against a motion to dismiss – in this defective smartphone class action. A $7.25 million settlement was reached, which Magistrate Judge Nathanael M. Cousins described as being an “excellent result.”)

  • Gordon v. Chipotle Mexican Grill, Inc., No. 17-cv-01415-CMA-SKC (D. Colo.) (Mr. Johns served as co-lead counsel of behalf of a class of millions of cardholders who were impacted by a data breach at Chipotle restaurants. After largely defeating a motion to dismiss filed by Chipotle, the case resulted in a favorable settlement for affected consumers. At the final approval of the settlement, the district court noted that class counsel has “extensive experience in class action litigation, and are very familiar with claims, remedies, and defenses at issue in this case.”)

  • Bray et al. v. GameStop Corp., 1:17-cv-01365-JEJ (D. Del.) (Mr. Johns served as co-lead counsel for consumers affected by a data breach at GameStop. After largely defeating a motion to dismiss, the case was resolved on favorable terms that provided significant relief to GameStop customers. At the final approval hearing, the District Judge found the settlement to be “so comprehensive that really there’s nothing else that I need developed further,” that “the settlement is fair,” “reasonable,” and “that under the circumstances it is good for the members of the class under the circumstances of the claim.”)

  • In re: Elk Cross Timbers Decking Marketing, Sales Practices and Products Liability Litig., No. 15-cv-18-JLL-JAD (D.N.J.) (Mr. Johns served on the Plaintiffs’ Steering Committee in this MDL proceeding, which involved allegedly defective wood-composite decking, and which ultimately resulted in a $20 million settlement.)

  • In re Checking Account Overdraft Litig., No. 1:09-MD-02036-JLK (S.D. Fla.) (Mr. Johns was 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 were reached with several banks.  Mr. Johns was actively involved in prosecuting the actions against U.S. Bank ($55 million settlement) and Comerica Bank ($14.5 million settlement).)
  • Physicians of Winter Haven LLC, d/b/a Day Surgery Center v. STERIS Corporation, No. 1:10-cv-00264-CAB (N.D. Ohio) (Mr. Johns was the primary associate working on this case which resulted in a $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.) (Mr. Johns was co-lead counsel in this case which resulted in a $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. Mr. Johns 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)

Mr. Johns was elected by fellow members of the Philadelphia Bar Association to serve a three-year term on the Executive Committee of the organization’s Young Lawyers Division. He also served on the Editorial Board of the Philadelphia Bar Reporter and the Board of Directors for the Dickinson School of Law Alumni Society. Mr. Johns has been published in the Philadelphia Lawyer magazine and the Philadelphia Bar Reporter.  While in college, Mr. Johns was on the varsity basketball team and spent a semester studying abroad in Osaka, Japan. He graduated from Harriton High School in 1998 as the then all-time leading scorer in the history of the boys’ basketball program. 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”/”Super Lawyer.”

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
  • Kansai Gaidai University, Osaka Prefecture, Japan (studied abroad during 2000-2001 semester)
  • 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
  • Former Member, Washington and Lee Alumni Admissions Program
  • The Federalist Society

Admissions

  • United States Court of Appeals for the Third Circuit
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Ninth 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 Western District of Pennsylvania
  • United States District Court for the District of New Jersey
  • United States District Court for the District of Colorado
  • United States District Court for the Northern District of Illinois
  • United States District Court for the Central District of Illinois
  • United States District Court for the Eastern District of Michigan
  • United States District Court for the Eastern District of Wisconsin
  • United States Court of Federal Claims
  • Supreme Court of Pennsylvania
  • Supreme Court of New Jersey

Memberships and Associations

  • Named a “Lawyer on the Fast Track” by The Legal Intelligencer
  • Named to the Pennsylvania “Rising Stars” List from Super Lawyers: 2010-Present
  • Recognized as a “Top 40 Under 40” lawyer by The National Trial Lawyers

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