November 12, 2025 (Madison) The Wisconsin Association for Justice (WAJ), Wisconsin’s Trial Lawyers Association, is proud to announce that Attorney Benjamin S. Wagner of Milwaukee has earned the 2025 Robert L. Habush Trial Lawyer of the Year honor.
This prestigious award recognizes his outstanding abilities to litigate complex claims before a jury and his service as a mentor to those who continue to nobly and righteously bring cases before juries in our state.
“I have always followed the names of the attorneys who received the ‘TRIAL LAWYER OF THE YEAR AWARD’ named after me and believed the awards were well justified. Ben’s precedent setting jury verdict against a nursing home clearly qualifies him for the award. Moreover, Ben represents those attorneys who are willing to take cases to trial,” Robert L. Habush.
This year’s award is based on Wagner’s efforts to secure justice for Helen Ende, an 89-year-old resident of a Kenosha assisted living facility who wandered off and was allowed to remain outside for hours, leading to her death. Though she suffered from dementia and had a known risk of wandering from the facility, she was allowed to leave undetected by staff, despite an alarm sounding. While investigating her tragic death, he uncovered systematic shortcomings and misconduct on the part of the facility and its staff.
Benjy took the case before a Kenosha County jury, making the rare move to seek punitive damages. In his closing, Wagner urged the jury to act as the conscience of the community and send a message that conduct like this cannot be an acceptable way to treat our most vulnerable friends, neighbors and loved ones. Having heard evidence presented before them, the jury returned a seven figure punitive damage award that is believed to be the first ever secured in Wisconsin against an assisted living facility for elder neglect.
“Great trial attorneys have the fortitude to take cases to trial and the advocacy skills to turn facts into justice and, in some cases, punish the bad actors for egregious conduct. Ben did just that in the Ende case,” said Tim Trecek, President and Chief Executive Officer of Habush Habush & Rottier.
Benjamin Wagner is a shareholder of Habush Habush & Rottier, and specializes in personal injury law, including cases involving nursing home abuse and neglect, car accidents, construction accidents, premises liability, and wrongful death. He has a proven record of success trying cases throughout Wisconsin, leading to his certification as a Civil Trial Specialist by the National Board of Trial Advocacy and as an advocate by the National Board of Civil Pretrial Practice Advocacy.
His legal success has led to leadership roles in WAJ and statewide. He served as WAJ President in 2016-2017. During his Presidency, Wagner maintained an active caseload. He is proud that he was involved in three successful plaintiffs’ verdicts and two seven-figure jury awards.
“Benjy is the epitome of what a trial lawyer should be, working diligently in and out of the courtroom on behalf of his clients while also working tirelessly in the community to protect the rights of all injured people,” said Noah D. Domnitz, WAJ President.
Benjy’s successes have only continued and he has repeatedly been recognized by his peers for exemplary legal work and trial skills. In 2023, he was inducted as a Fellow in the prestigious International Academy of Trial Lawyers (IATL), an exclusive, invitation-only organization limited to 500 Fellows worldwide.
Benjamin’s dedication to delivering justice extends beyond his clients. In 2019, he was appointed by Governor Tony Evers to the Judicial Selection Advisory Committee, which interviews and recommends candidates for judicial vacancies across Wisconsin. He was appointed the co-chair of this committee in 2022 and has since helped advise the governor on more than 70 judicial appointments statewide. In this role, Benjy has shepherded in an unheard-of number of qualified nominees who demonstrate not only legal excellence, but who also reflect the communities in which they serve.
Benjamin is an active member of his community and serves on the board of directors for various organizations. He is currently involved with the Sojourner Family Peace Center in Milwaukee and Discovery World in Milwaukee. Additionally, he serves on the board of the Milwaukee Rep and chairs the Neuroscience Research Center Board at the Medical College of Wisconsin. He has also been an active board member of Milwaukee nonprofit Safe & Sound, Legal Aid Society of Milwaukee, Milwaukee World Festival Inc., Jewish Family Services (JFS), Centro Legal and the Hispanic Professionals of Greater Milwaukee. His dedication to support families, education, healthcare and professional development allows him to make a lasting impact on the well-being of the Milwaukee community.
In 2016, Benjamin was recognized by the Milwaukee Business Journal as one of the “40 Under 40” and received the “Leader in the Law” award from the Wisconsin Law Journal. Since 2012, he has been listed annually in the Best Lawyers in America and Super Lawyers publications.
Benjamin’s passion for protecting people’s legal rights is rooted in his familial background in the legal and medical professions. He graduated magna cum laude from the University of Wisconsin Law School in 2003, where he received the Phillips Owens Memorial Scholarship for outstanding academic achievement and community service.
About the Award:
The Robert L. Habush Trial Lawyer Of The Year Award was created in 2000 to recognize a Wisconsin attorney who had made significant contributions to the trial bar by handling a case involving significant change in the law; prosecuting a precedent setting or extraordinarily challenging case; or to recognize those who merit the honor due to their service to the organization or the public at large.
The award will be presented on December 5 at WAJ’s annual President’s Dinner and Reception at the Pfister in Milwaukee.
About WAJ:
The Wisconsin Association for Justice was founded in 1957. As Wisconsin’s largest voluntary bar association, WAJ’s mission is ensuring a fair and effective civil justice system and the protection of the Constitutional right to a civil jury trial.
