In the News

Haynes and Boone Announces Class of 2010 Partners

Four attorneys have been named to the 2010 class of partners at Haynes and Boone, LLP.

The new partners for 2010 are Kendyl Hanks, an appellate litigator splitting her time between the New York and Dallas offices; Arthur Howard, a Houston-based corporate attorney; Ben Mesches, a Dallas appellate litigator; and Eric Williams, a Dallas-based corporate attorney.

“These new partners are some of the best and brightest legal minds in the corporate world today,” said Terry Conner, Haynes and Boone’s managing partner. “Each has the entrepreneurial spirit and client-centric focus that has served our firm so well. We are very pleased to accept them into our partnership." >>



Recent Publications

Framing Issues in Your Petition for Review

Based on statistics over the last several years, a petition for review stands a 10-14% change of being granted. One of the most important factors in bringing your case within this 10-14% range is framing the issues in the petition for review. This paper will explore several strategies (and pitfalls) in framing issues in a petition for review at the Texas Supreme Court.  >>



Ben L. Mesches

Partner

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5234
F +1 214.200.0913

Areas of Practice

Education

  • J.D., University of Texas at Austin, 2001, with honors; Member, Texas Law Review
  • B.A., Political Science, Trinity University, 1998, cum laude

Bar Admissions

  • Texas

Court Admissions

  • U.S. Supreme Court
  • Texas Supreme Court
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas

Judicial Clerkships

Justice Harriet O'Neill, Texas Supreme Court (2001-2002)

Whether in the trial court or on appeal, Ben Mesches handles cutting-edge litigation in federal and state court. Ben is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization and has wide-ranging experience. He has handled complex business, energy, and intellectual property disputes, bankruptcy appeals, has argued before the Texas Supreme Court, where he served as a law clerk, the Fifth Circuit, and Texas Courts of Appeals. A recognized leader in the local and national appellate organizations, Ben regularly writes and speaks on appellate practice issues, including bankruptcy appeals, federal appellate procedure, and practice before the Texas Supreme Court.

Representative Experience

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.

  • 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 for a firm client.

  • Successfully defended a municipality's zoning scheme in the face of preemption, commerce clause, and eminent domain challenges asserted in federal court.

  • Through post-trial briefing, implemented a legal strategy that defeated an $80 million software-related copyright suit in federal court.

Bankruptcy Appeals

  • 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, energy regulation questions, attorneys' fee and expense reimbursement issues, settlement approvals, and confirmation orders in appeals to district courts and the Fifth Circuit.

Appellate Litigation

  • 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 contract claims arising out of a claimed breach of a right of first refusal pertaining to raw land.

  • 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.

  • Successfully defended on appeal in the El Paso Court of Appeals a summary judgment on tort claims related to a national financial institution's business practices.

  • In an oil and gas case in the Fifth Circuit, successfully defended on appeal an order dismissing fraudulent transfer, unjust enrichment, and conspiracy claims.

Multidistrict Litigation

  • In sprawling litigation against an energy company, Ben was part of the appellate team that persuaded the Texas Judicial Panel on Multidistrict Litigation, in one of only a handful of such decisions in the state, to transfer more than a dozen related suits to a single pretrial court.

Professional Recognition

  • Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization (2007-Present) 
  • Selected for inclusion in Texas Super Lawyers - Rising Stars Edition (2005, 2007-2009) 
  • Dallas Bar Foundation - Fellow (2009)

Professional Leadership

  • American Bar Association, Counsel of Appellate Lawyers - Executive Committee (2007-Present); Chair, Publications Committee (2009); Editor, Judicial Division Record. 
  • Dallas Bar Association, Appellate Section – Vice-Chair (2010); Secretary (2009); Treasurer (2008); Advisory Council (2007-Present). 
  • Texas Appeals Management and E-Filing System (TAMES) Appellate Rules Drafting Committee (2009). 
  •  Frequent author and speaker on a broad range of issues, including bankruptcy appeals, Texas Supreme Court practice, technology issues, energy litigation, and various procedural issues. 
  • State Bar of Texas Appellate and Litigation Sections - Member 
  • Bar Association of the Fifth Circuit - Member 
  • American Bankruptcy Institute - Member 
  • Texas Supreme Court Historical Society - Member 
  • Young Professionals of the Greater Dallas Chamber of Commerce - Member 
  • World Affairs Council - Member

Selected Representative Experience


In re ASARCO, LLC, No. 05-CV-21207 and related adversary proceedings (Bankr. S.D. Tex.) (confirmation Nov. 13, 2009); Nos. 09-CV-177 and 07-CV-00018 (S.D. Tex.)
In a closely watched multi-billion dollar Chapter 11 restructuring of a copper mining company labeled by the district court as "one of the most successful bankruptcy proceedings in recent history," represented the debtor's parent company and worked with bankruptcy, litigation, and labor teams in contested matters, adversary proceedings, and bankruptcy appeals to the district court and Fifth Circuit. These matters included an $11 billion fraudulent transfer, fiduciary duty, conspiracy and aiding and abetting adversary proceeding; litigation of novel issues pertaining to a long-standing labor dispute and the enforceability of a collective bargaining agreement and its successorship clause; disputes regarding proposed acquisition and auction of the debtor's assets; environmental claims and asbestos liability issues; and successful confirmation of the proposed plan of reorganization by both the bankruptcy court and district court.

Texas Midstream Gas Services, L.L.C. v. City of Grand Prairie, 2008 WL 5000038 (N.D. Tex. Nov. 25, 2008)
Successfully prevented a national natural gas gathering company from obtaining injunctive relief.

In re Cano Petroleum, Inc., 283 S.W.3d 179 (Tex. Jud. Pan. Mult. Lit. April 2, 2008)
Persuaded the Texas Judicial Panel on Multidistrict Litigation to transfer to a single pretrial court numerous suits against an oil and gas operator arising out of wildfires in west Texas.

Rmax, Inc. v. Carlisle Companies, No. 0502610 (298th Dist. Ct., Dallas County, Tex.)
After a weeklong jury trial, obtained a judgment awarding damages for breach of a confidentiality agreement and all attorneys’ fees and expenses, which exceeded $750,000, and collected 100 percent of the judgment amount.

Burnett Ranches, Ltd. v. Cano Petroleum, Inc., No. 9840 (100th Dist. Ct., Carson County, Tex.)
Prevailed on summary judgment through appeal on a million-dollar lease termination claim.

Kondos v. Carrico, No. 02-05-00374-CV, 2007 WL 704587 (Tex. App. - Fort Worth Mar. 8, 2007, pet. denied) (mem. op.)
Obtained an appellate judgment vacating an award of damages and dismissing a suit because the probate court lacked subject-matter jurisdiction over contract claims arising out of a claimed breach of a right of first refusal pertaining to raw land.

Court Dismisses Roly Poly's Officers from Texas Case
Appellate court reversed and rendered judgment, dismissing president and vice president of franchisor from case based on lack of jurisdiction. Linda Wolf and Julie Reid v. Summers-Wood, L.P. d/b/a Roly Poly Texas, Summers-Wood Management, L.L.C., John W. Summers, and J. Michael Wood; 214 S.W.3d 783 (Tex. App. - Dallas 2007, no pet.).

Wood v. Cendant Corp., Copy. L. Rep. (CCH) ¶29,252 (N.D. Okla. 2006)
Through dispositive motion practice and post-trial briefing, assisted in obtaining a take-nothing judgment in an $80 million copyright infringement suit; successfully defended the judgment on appeal.

Metra United Escalante, L.P. v. Lynd Co., 158 S.W.3d 535 (Tex. App. - San Antonio 2004, no pet.)
Obtained reversal 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.

Community Initiatives v. Chase Bank of Texas, N.A., et al., 153 S.W.3d 270 (Tex. App. - El Paso 2004, no pet.)
Successfully defended summary judgment on tort claims related to a national financial institution’s business practices.

Community Initiatives, Inc. v. Chase Bank of Texas, 153 S.W.3d 270 (Tex. App. - El Paso 2004, no pet.)
Successfully defended on appeal a summary judgment on tort claims related to a national financial institution’s business practices.

Citizens Nat’l Bank v. Allen Rae Investments, Inc., 142 S.W.3d 459 (Tex. App. - Fort Worth 2004, no pet.)
Won reversal of an award of credit-reputation damages in a lender-liability suit.

Western Oil & Gas JV Inc. v. Castlerock Oil Co., 91 Fed. Appx. 901 (5th Cir. 2003)
In an oil and gas case, successfully defended on appeal an order dismissing fraudulent transfer, unjust enrichment, and conspiracy claims.

Sweet v. Inkjet International Ltd., No. 05-03-00233-CV, 2003 WL 22254695 (Tex. App. - Dallas Oct. 2, 2003, no pet.) (mem. op.)
In a trade secrets and fiduciary duty case that resulted in a multi-million dollar damages award, handled pre-trial matters including the successful defense of an appeal from a temporary injunction, the preparation and argument of the jury charge, all post-verdict briefing, hearings, and judgment formation.

Anderson v. Siemens Corp., 335 F.3d 466 (5th Cir. 2003)
Obtained a reversal of a $7.5 million judgment in a products liability case.

Bonneville Power Admin. v. Mirant Corp. (In re Mirant Corp.), 440 F.3d 238 (5th Cir. 2006)
In an appeal addressing the intersection between the Bankruptcy Code’s automatic stay provision, the debtor’s power over executory contracts, and the Anti-Assignment Act, blocked an effort by a governmental agency to terminate an electric power contract.

Online Publications

07/20/2009 - The 2008 Term of the United States Supreme Court: The Decisions Most Important to the Business Community
The United States Supreme Court recently issued several significant decisions affecting businesses and the nature of business litigation in federal court. The most important of these decisions are summarized in this alert.

04/17/2009 - Framing Issues in Your Petition for Review
Based on statistics over the last several years, a petition for review stands a 10-14% change of being granted. One of the most important factors in bringing your case within this 10-14% range is framing the issues in the petition for review. This paper will explore several strategies (and pitfalls) in framing issues in a petition for review at the Texas Supreme Court. 

04/01/2009 - A Guide to Web Sites & Blogs Related to Appellate Law
This article includes a sampling of Web sites and blogs focused on appellate practice and tracking appellate court decisions and brief descriptions of their content.

10/01/2008 - Direct Bankruptcy Appeals: Three Years Later
Reprinted with permission from the American Bar Association's "Appellate Issues," Council of Appellate Lawyers, October 2008.

05/31/2007 - Federal Discretionary Appeals
This paper explores three types of permissive, discretionary appeals authorized by statute and federal procedural rules: (i) appeals of interlocutory orders under 28 U.S.C. § 1292(b); (ii) appeals of class certification orders under Federal Rule of Civil Procedure 23(f); and (iii) direct and interlocutory bankruptcy appeals.

05/18/2007 - An Introduction to E-Claims
A presentation to the Tarrant County Bar Association Brown Bag Seminar Series: Trade Secrets, Confidential Information and Privileges in a Digital Age on May 18, 2007

06/01/2006 - Bankruptcy Appeals
An appeal of a bankruptcy court order or judgment involves unique procedural and jurisdictional considerations.

09/15/2005 - Handling a Bankruptcy Appeal: Practice Tips for Appeals to the District Court & the Court of Appeals
An appeal of a bankruptcy court order involves unique procedural and jurisdictional considerations.

09/07/2005 - Preserving Error Before Trial
“To preserve a complaint for appellate review, a party must present to the trial court a timely request, motion, or objection, state the specific grounds therefore, and obtain a ruling.”

09/30/2004 - An Overview of Selected Issues in Punitive Damages
In 1987, the Texas Legislature first codified the law governing punitive damages. See Act of June 3, 1987, 70th Leg., 1st C.S., ch. 2, § 2.12, 987 Tex. Gen. Laws 37, 44-46 (amended 1989, 1995, 1997 & 2001) (current version at TEX. CIV. PRAC. & REM CODE § 41.001-.013 (Vernon 1997 & Supp. 2003)). Then, in 1988, the Texas Supreme Court held that the defendant’s net worth is relevant to punitive damages and thus discoverable.

09/10/2004 - Post-Verdict Landmines: A Survival Guide
This paper attempts to provide a guide for handling that intense period of time between verdict and the expiration of jurisdiction in the trial court, from the perspective of the losing defendant.