Amanda M. Cialkowski

Shareholder & Chair, Product Liability/MassTort

Contact:

Phone: 612.305.7538Email: acialkowski@nilanjohnson.com

Biography

Amanda is a thoughtful and accomplished trial attorney andmediator. Her depth of experience in complex litigation andbefore juries has honed her ability to identify and explain keyissues. Her skills in the courtroom have earned her a sought-afterreputation when a case goes to trial. She has tried multiple casesto defense verdicts in both state and federal courts. Moreover,her ability to see the strengths and weaknesses of both sides andexplain the risks of litigation coupled with her interpersonal skills,aid her work as a mediator.

Her success in the courtroom is partly due to her ability to explaina difficult set of facts to a jury in a way that makes themunderstand the client's position. Amanda loves being able to diginto the details of a case and learn the industry or science behindthe issue at hand to better arm her defense. Not only is shethorough and insightful, but Amanda is sensitive to balancing theclient’s business interests with the goals of litigation.

In her spare time, Amanda loves reading and spending timeoutdoors hiking, walking, gardening, or spending time with herhusband and daughters.

Education

Mitchell Hamline Mediation Training, 2014

University of Oregon Law School, J.D., Order ofthe Coif, magna cum laude, 1994

Carleton College, B.A., Psychology

Bar Admissions

U.S. Supreme Court

U.S. Court of Appeals, 8th Circuit

U.S. District Court for the District of Minnesota

Supreme Courts (Minnesota, Oregon)

Qualified Neutral under Rule 114 of theMinnesota General Rules of Practice

Key Practice Experience

Drop-in trial counsel• Mediator• FELA defense, including trials• Regional and trial counsel for major automobile manufacturer in defense of asbestos litigation• National coordinating counsel in defense of personal injury and wrongful death claims againsta manufacturer in trace benzene actions across the United States

•

Defense of chemical and toxic exposure cases• Trucking and transportation defense of wrongful death, personal injury and property damageclaims

•

Complex commercial litigation, including consumer fraud and breach of contract matters• Class action defense• Local counsel for pharmaceutical manufacturers in litigation involved in MDLs• Defense counsel for major retailer in variety of actions• Defense counsel for major automobile manufacturer in their breach of warranty matters• Appellate briefing before the Eighth Circuit Court of Appeals•

Key Industry Experience

Chemical and Manufacturing• FELA• Ski Area Defense• Pharmaceuticals• Retail• Automotive and Trucking• Security Systems•

Representative Matters

Henry v. 3M Company, et al. (Ramsey County District Court) (lead trial counsel in 2019 inasbestos lawsuit; mistrial caused by misconduct of plaintiff’s counsel)

•

Penrod v. K&N Engineering, Inc. (U.S. District Court for the District of Minnesota 2019) (localcounsel in national class action related to oil filters; successfully moved to dismiss complaint)

•

Bluhm v. Soo Line Railroad (Hennepin County District Court) (won week-long jury trial in FELAcase in 2018)

•

Delay v. KJD Restoration, LLC, jury trial in June 2017 (brought in as trial counsel less than aweek before trial to act as lead trial counsel)

•

Stacy J. Baumberger v. Dakota Minnesota & Eastern Railroad (Hennepin County DistrictCourt, jury trial May 2016) (won a defense verdict as lead trial counsel in a week-long jury trialinvolving FELA claims that plaintiff suffered disabling injury as a result of the on-the-jobactivities)

•

Sadie Browe v. Evenflo Company, Inc. (U.S. District Court for the District of Minnesota, 2015)(won a motion to dismiss the class action, which alleged deceptive trade practices, falsestatements in advertising, violations of the Magnuson-Moss Warranty Act, breach of impliedwarranty of merchantability and breach of implied warranty of fitness for a particular purpose)

•

James Graham v. Coca-Cola (Hennepin County District Court, jury trial March 2014) (won adefense verdict as trial counsel in week-long jury trial involving claims that the plaintiff sufferedsignificant injuries due to defendant’s alleged negligence)

•

Andrew Stoddard v. A.H. Bennett et al. (Ramsey County District Court – jury trial January2012) (won a defense verdict as trial counsel in a 2-week jury trial involving claims by plaintiffthat he developed mesothelioma as a result of exposure to defendants’ products)

•

Kleinaitis v. 3M (Madison County Circuit Court – jury trial August 2010) (won defense verdictas lead trial counsel in 2-week jury trial involving personal injury claims as a result of allegedbenzene exposure)

•

Slidell, Inc. v. Millennium Inorganic Chemicals, Inc., 460 F.3d 1047 (8th Cir. 2006) (wondefense verdict as trial counsel in 7-week jury trial including claims of breach of contract, theftof trade secrets, and promissory estoppel)

•

Thompson v. Hirano Tecseed Co., Ltd., 456 F.3d 805 (8th Cir. 2006) (defended foreignmanufacturer who designed a complex laminator to a buyer’s specs)

•

U.S. ex rel. Kinney v. Stoltz, 327 F.3d 671 (8th Cir. 2003) (successfully defended HennepinCounty Medical Center in qui tam action brought pursuant to the False Claims Act)

•

Jefferson County School Dist. v. Lead Industries Ass’n, Inc., 223 F. Supp. 2d 771 (S.D. Miss.2002) (successfully removed action to federal court on the basis of the fraudulent joinder of 28co-defendants – case was ultimately dismissed)

•

Recognitions and Honors

Selected to the Minnesota Super Lawyers List (2012-2020)• Judicial AV® Preeminent™ Peer Review Rated by Martindale-Hubbell• Repeatedly named one of the nation’s top product liability attorneys by Legal Media Group• Nominated by in-house counsel and peers to appear in the Guide to the World’s LeadingWomen in Business Law-second edition-as one of the outstanding practitioners in the field

•

Repeatedly named in Minnesota Rising Stars by Law & Politics magazine• Named one of the Top Women Attorneys in Minnesota by Minneapolis St. Paul Magazine 2015• Clerked for Oregon Court of Appeals•

Publications and Presentations

“Employee Safety and Employment COVID Considerations for Ski Areas,” Midwest Ski AreasAssociation Annual Meeting Webinar, August 2020

•

“Keeping the Battle in the Courtroom: Combatting Juror Misconduct in the Digital Age,” DRIWomen in the Law Conference, Scottsdale, AZ, January 2020

•

“Minnesota Legal Landscape for 2020,” Minnesota Ski Areas Association, Powder Ridge SkiArea Minnesota, November 2019

•

“Investigation Interview Training Exercise,” Midwest Ski Areas Association Terrain ParkSummit, Dresser WI, February 2019

•

“Trying a Products Case to a Millennial Juror: Can It Be Done in 140 Characters or Less?”,Product Liability Litigation, Minneapolis, MN, October 25, 2017

•

“A Wolf in Sheep’s Clothing – Undressing the Consumer Fraud Class Action to Reveal theHidden Product Liability Claim,” FDCC publication, Insights, June 2016

•

Speaker at DRI Trial Tactics Conference, Phoenix, AZ, March 9, 2016 – “How to Give anEffective Client Pitch”

•

Speaker at DRI Trial Tactics Conference, Phoenix, AZ, March 10, 2016 – “Issues Arising inMulti-party Litigation and Mediation”

•

Speaker for ADTA Webinar, October 21, 2015 – “Ethics: Can a Party Ethically Influence theInternet in Anticipation of Juror Misconduct?”

•

Speaker at DRI Product Liability Conference, Las Vegas, NV, April 2012, “Mother May I? HowYou Can Ethically Influence the Internet to Anticipate Jury Misconduct”

•

Speaker at Hennepin County CLE, Minneapolis, MN, October 2010, “Product Liability: TheDefense Perspective”

•

Speaker at DRI Annual Meeting, Washington, D.C., October 2007, “Privilege or No Privilege;When are Communications with Third Parties Privileged?”

•

Keynote Speaker at Iowa Defense Counsel Association Products Practice Seminar, DesMoines, IA, April 2007, “Recent Developments in Product Liability Law”

•

Speaker at DRI’s Product Liability Conference, New Orleans, LA, February 2007, “Jeopardy:Where Your Clients Face New Perils – a Year in Review”

•

Moderator at DRI’s Product Liability Conference Young Lawyer Breakout Panel, Las Vegas,NV, February 2006

•

Speaker at Minnesota Defense Lawyers’ Annual Meeting, August 2003, Duluth, MN, “Conflictsof Law in Wrongful Death Cases”

•

Speaker at DRI’s Product Liability Conference, Las Vegas, NV, February 2003, “Oh Bother:The Increasing Use of Public Nuisance Counts in Products Liability Cases”

•

Speaker at DRI’s Product Liability Conference, Los Angeles, CA, February 2003, “Face Off:Putting a New Face on Bifurcation”

•

Professional Associations

Association of Defense Trial Attorneys (ADTA)• Federation of Defense & Corporate Counsel (FDCC)• DRI• Minnesota Defense Lawyers Association• Minnesota State Bar Association• Hennepin County Bar Association•

Community Engagement

Board member, YMCA Camp Northern Lights• Past-President of Board of Isuroon, a Somali women’s health and wellness support group• Elections judge• Past-President, Board of Directors of Sweeney Lake Association•