James R. Benjamin Jr.

“If you can dream - and not make dreams your master; If you can think - and not make thoughts your aim; If you can meet with triumph and disaster and treat those two imposters just the same.” - Rudyard Kipling

Professional Experience

Mr. Benjamin has substantial bench and jury trial experience representing insurers and business entities in personal injury and premises liability matters.  He represents property owners in Baltimore City in complex lead paint and toxic tort litigation at both the trial and appellate levels.  He successfully argued a lead paint case before Maryland’s Court of Special Appeals on legal issues concerning definitions of an owner and operator under the Baltimore City Housing Code.  He has successfully defended cases brought against property owners in lead paint cases involving claims brought under Maryland’s Consumer Protection Act.

Mr. Benjamin has significant experience representing and advising minority-owned and women-owned businesses (MBEs and WBEs) on certification and procurement matters as well as structuring and creating joint ventures and teaming arrangements. He advises businesses concerning MBE certification with MDOT and MBE/WBE certification in the Baltimore City Market Area under the Baltimore City Code. He has represented WBEs in administrative appeals involving agency decisions to decertify. He has considerable experience providing legal advice to businesses concerning 8(a) small business certification and participation in mentor-protégé programs. He also is experienced in advising businesses on requirements for certification as a qualified HUBZone small business concern.

Mr. Benjamin was a former law clerk for the Honorable Ellen M. Heller in the Circuit Court for Baltimore City.  He also served as an Assistant City Solicitor with the Baltimore City Law Department.  As an Assistant City Solicitor, Mr. Benjamin successfully argued a case in Maryland’s Court of Appeals in a matter involving complex legal questions of statutory interpretation concerning tenant eligibility for relocation benefits and constitutional takings law.  He also successfully argued a case in Maryland’s Court of Special Appeals in a matter involving questions of contract interpretation and exhaustion of administrative remedies.

Personal Information

Education

  • University of Maryland (J.D. 2001), Certification in Environmental Law
  • University of Maryland (B.A. 1994)

Bar Admission

  • Maryland, 2002
  • United States District Court of Maryland, 2004

Bar Associations

  • Maryland State Bar Association
  • Baltimore City Bar Association
  • Baltimore County Bar Association

Published Articles

  • Author, Baltimore Business Journal Q&A Series on Minority-Owned Businesses
  • Author: “Rith Energy, Inc. v. United States, ‘The Best of Both Worlds’: Use of Common Law and Statutory Law Together in Applying the Nuisance Exception to Defend a Takings Claim,” 11 Fed.  Cir. B.J. 855 (2002)
  • Author: “The EPA’s Final Rule Lowering Reporting Thresholds of Lead and Lead Compounds, EPCRA Section 313 and TRI: The Impact on Low-Income Communities,” 10 U. Balt. J. Envtl. L. 101 (2003)
  • Author:  ”Joint Ventures vs Teaming Agreements,” Md. Washington Minority Contractors’ Association, Inc. Newsletter

Community Involvement

  • President, University of Maryland Francis King Carey School of Law Alumni Association, 2013-2014
  • Former Board Member, City of Baltimore’s Minority and Women’s Business Opportunity Office’s Certification Appeals Board
  • Board Member, Pro Bono Resource Center
  • Member, Board of Visitors, College of Behavioral and Social Sciences, University of Maryland College Park
  • Co-Chair, Diversity Sub-Committee, Board of Visitors, College of Behavioral and Social Sciences, University of Maryland College Park
  • Member, Building Congress & Exchange of Metropolitan Baltimore, Inc.
  • Member, Property Owners Association of Greater Baltimore

Additional Information

  • Selected for inclusion in ”Rising Stars” in Super Lawyers Magazine, 2009-2014
  • Named one of Baltimore Business Journal’s “40 Under 40,” 2005
  • Maryland Daily Record: Very Important Professional (VIP), “Successful by 40,” 2012
  • AV® Preeminent™ by Martindale-Hubbell

AV® Preeminent™ by Martindale-Hubbell

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Super Lawyers

2012 Super Lawyers Rising Star

A.M. Best’s Insurance Attorneys

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