Daniel O'Fallon, Esq.

“As a former judge and trial lawyer who has handled countless product liability and mass tort cases, I’ve seen firsthand how complex and emotionally charged disputes can become. What drives me in dispute resolution is the opportunity to help people find clarity, reach fair solutions, and move forward without the need for prolonged litigation. It’s deeply rewarding to guide parties toward resolutions that save time, costs, and preserve relationships, allowing them to focus on the future rather than the conflict.”  –  Dan O’Fallon | PowerHouse

Contact Information

Practice Areas

  • Civil Mediation
  • Civil Arbitration
  • Family Mediation
  • Court Appointed Neutral/Special Master

Education

  • J.D., cum laude, University of Michigan School of Law, 1985
  • B.A. with Highest Honors in Political Science, University of Montana, 1982

Bar Admissions

  • Minnesota (1989)
  • Virginia (1986)(currently on inactive status)
  • District of Columbia (1988)(currently on inactive status)
  • U.S. District Court, Eastern District of Virginia (1988)
  • U.S. District Court, Minnesota (1990)
  • U.S. Court of Appeals for the Ninth Circuit (2005)

Pro hac vice admission in the state courts of California, New Jersey, North Dakota, Illinois, Wisconsin, and federal district court in Montana.

Professional Accomplishments & Honors

  • One of the Minnesota Attorneys of the Year for 2009 presented by Minnesota Lawyer
  • 1980 Truman Scholar from Montana, inducted into the University of Montana Ring of Scholars

Professional Associations

  • Former member, Minnesota Association for Justice (MNAJ). While active, served on the MNAJ Board of Governors, MNAJ Executive Board, and as the co-chair MNAJ Trial PAC (2 terms) and MNAJ Products Liability Committee
  • Former member, Ramsey County Bar Association, Former co-chair for “Families First” Event
  • Douglas K. Amdahl Inn of Court 
  • Former State Delegate, American Association for Justice
  • Minnesota Bar Association, Civil Litigation Section (Past Chair).
  • Virginia Bar Association
  • District of Columbia Bar Association

Biography

Dan O’Fallon began his legal odyssey when he left his home state of Montana for Ann Arbor, Michigan and the University of Michigan School of Law in 1983. From the beginning, Dan concentrated on civil law. After graduating cum laude at Michigan in December of 1985, he joined the Washington, D.C. office of national law firm Morrison & Foerster. For two and a half year, he worked on complex litigation matters involving antitrust, oil and gas regulation, and the savings and loan industry.

In October of 1988, Dan followed his heart and joined the St. Paul office of Robins, Kaplan, Miller & Ciresi L.L.P. (now Robins Kaplan), where he represented injured people in personal injury and medical malpractice cases. In 1991, he moved to the Minneapolis office and joined the firm’s Mass Tort department. In Minneapolis, he developed a practice representing injured people in large products liability cases, often against the medical device and drug industry. Dan was an associate attorney and then a partner handling the firm’s breast implant cases. In the course of that work, he conducted national depositions on behalf of plaintiffs in the national Breast Implant MDL, as well as working on the firm’s individual cases throughout the country.

In 1995, Dan joined the firm’s team representing the State of Minnesota and Blue Cross/Blue Shield in the Tobacco Litigation. Following the May 8, 1998 settlement of this case, Dan joined the firm’s fen/phen litigation team representing clients seriously injured by the effects of this drug combination. Dan would spearhead the firm’s representation of clients injured by the failure of St. Jude’s Silzone-coated heart valves, and starting in 2002, lead the firm’s representation of over 100 victims of the Minot, North Dakota train derailment against Canadian Pacific and the Soo Line. Dan represented his clients the Allendes in the first joint trial against Canadian Pacific, where the jury awarded his clients over $600,000. 

In the later 2000s, Dan would handle hip implant failure cases against Zimmer and Sulzer, and represented women injured by the effects of the Ortho Evra birth control patchs. He continued to handle and try individual medical malpractice cases and large personal injuries cases. These included wrongful death cases of children and adults. He represented victims of plane crashes, and individuals harmed by gas explosions. He also, on occasion, advised corporate clients in complex litigation.

During this time, Dan remained active in and passionate about his community. He served on the Board of Governors of the Minnesota Association of Justice (MNAJ), and at various times chaired the MNAJ Trial PAC and Product’s Liability Section. He served as a state delegate to the American Association of Justice. He was active in the Ramsey County Bar Association and co-chaired the section’s Family’s First event for many years. Locally, he and his wife Kathryn Timm were among the co-founders of the Centennial Area Education Foundation (CAEF). He served on the CAEF board for several years. He was also active with and raised money for Southern Minnesota Regional Legal Services (SMRLS). He was aa member of the Amdahl Inn of Court.

In 2010, Governor Tim Pawlenty appointed Dan to the bench as a Minnesota State District Court Judge in the 10thJudicial District sitting in Anoka. As an Anoka County State Court Judge, Dan presided over cases involving every subject matter. He presided in over 30 jury trials (criminal and civil) and multiple bench trials.

Dan resigned from the bench in May of 2019, and in October of 2019, he took the required training and became a Qualified Neutral Under Rule 114 for Civil Facilitative/Hybrid and Civil Adjudicative. He remains current in that regard.

Now semi-retired, Dan remains active in the legal profession and as a mediator. He has conducted civil mediations, and in 2022 returned to active legal practice when he joined the law firm of Bennerotte & Associates in an “of counsel” position. He is involved in the Minnesota State Bar Association, where he serves as the current Chair of the Civil Litigation section, and as the co-chair of that section’s CLE committee. He continues to lecture on issues involving civil litigation and trial practice. For 11 years, ending in 2023, he helped coach the Centennial High School Mock Trial team. He left the team last year in favor of younger coaches, one of whom he coached when he was a student.

Dan remains passionate about civil litigation, and as a mediator, hopes to help parties find a middle ground, if possible, all the while respecting their constitutional right to a trial by jury.

Experience

Current Work:

 “Of Counsel” at the law firm of Bennerotte & Associates and, as of February 15, 2024, and Independent Contractor with PowerHouse Mediation.

Previous Employment:

Minnesota State Court District Judge, 10th Judicial District, Anoka County. 
Served Jan. 4, 2010 until May 10, 2019. Handled cases in all areas of the law.

Robins, Kaplan, Miller & Ciresi LLP (now Robins Kaplan)
Minnesota offices

  • Partner, 1993-2009
  • Associate attorney, 1988-1993

 

Morrison & Foerster
Washington, D.C. office

  • Associate attorney, 1986-1988

Professional Publications

“Wyeth v. Levine: The United States Supreme Court Rejects Preemption of Failure to Warn Claims Involving Prescription Pharmaceuticals,” Minnesota Trial, Summer 2009 (with Anne Workman).

“Tort Reform: Perception Verses Reality,” Minnesota Trial Lawyers Association, Winter 2003 (with Bruce A. Finzen and Brooke B. Tassoni). 

“The Recovery of Emotional Distress Damages in Negligence,” Minnesota Trial Lawyers Association, Spring 2002 (with Brooke B. Tassoni).

“The Future of Products Liability in America,” 27 William Mitchell Law Rev. 86, Oct. 2000 (with Gary Wilson and Vincent Moccio).

“Tort Reform, The Jury Questionnaire and Striking Jurors For Cause,” Minnesota Trial Lawyers Association, Oct. 1996.

Speaking Engagements/Lectures

“The Essentials of Cross Examination” with Annamarie Daley at MSBA, Sept. 23, 2019.

“Debt Collection: A Judicial Perspective,” Consumer Law Issues Seminar, Jun. 14, 2013.

“Electronic Discovery and Electronic Evidence: Have You Ever Faced A Motion to              Compel a ‘Data Dump’ or Had a Party Offer His Cellphone into Evidence?” MDJA/MDJF Annual Meetings & MDJF Fall Educational Conference, Sept. 4-7, 2012

“Federal Preemption Update and the Effects in Railroad, Aviation, and Drug and Device Litigation,” Minnesota Association for Justice, Products Liability Seminar, Mar. 26, 2008

“So You Are in Federal Court – Now What,” MTLA Summer Convention, Aug. 9, 2007

“The Importance of Understanding and Eliminating Bias to the Trial Lawyer,” Ethics and Elimination of Bias Seminar,MTLA CLE, May 18, 2007

Adjunct Professor, Hamline School of Law – Taught medical malpractice class with Wendy Zeller (Fall 2003)