| Litigation in the Trial Court In a multi-million dollar case under the Texas Securities Act in federal court, secured favorable jury charge and motion for judgment as a matter of law rulings, resulting in the complete dismissal of the plaintiff's claims on the eve of closing argument. In an oil-and-gas dispute alleging mutual and unilateral mistake in a deed, successfully argued the jury charge as part of a trial team that obtained a complete defense verdict. Argued the jury charge, pretrial motions, and motions for judgment as a matter of law in fraudulent-inducement case in federal court that resulted in a $12.5 million verdict. Through post-trial briefing, implemented a legal strategy that defeated an $80 million software-related copyright suit in federal court.
Appellate Litigation
In the Fifth Circuit, upheld a municipality's zoning scheme related to natural gas production in the face of preemption, commerce clause, and eminent domain challenges. Enforced forum selection clause, in the Dallas Court of Appeals, resulting in the dismissal of franchisor's claims against frachisee. Reversal and rendition of a take-nothing judgment, in the Austin Court of Appeals, on employment-related harassment claims against retailer. Persuaded the Dallas Court of Appeals to reverse and render judgment dismissing claims against officers of a franshisor for lack of personal jurisdiction. Vacatur, in the Fort Worth Court of Appeals, of an award of damages and dismissing suit because the probate court lacked subject-matter jurisdiction over claims related to a right of first refusal. Obtained reversal, in the San Antonio Court of Appeals, of a temporary injunction freezing more than $150 million of assets held by real estate investors based on the Federal Arbitration Act's automatic-stay provision.
Bankruptcy Appeals
Persuaded the Fifth Circuit Court of Appeals to dismiss, on equitable mootness grounds, the appeal of a $3.6 billion bankruptcy plan of reorganization, which was challenged by a competing bidder and the company's union. In two of the largest bankruptcy cases filed within the Fifth Circuit, Ben has successfully challenged and defended a wide array of bankruptcy court rulings related to contract disputes, bankruptcy procedural issues, jurisdictional disputes, interest claims, energy regulation questions, attorneys' fee and expense reimbursement issues, settlement approvals, and confirmation orders in appeals to district courts and the Fifth Circuit. |