Ben Mesches

Practices

Education and Clerkships

J.D., University of Texas at Austin School of Law, 2001, with honors; Member, Texas Law Review

B.A., Political Science, Trinity University, 1998, cum laude

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

Bar Admissions

Texas

Court Admissions

United States Supreme Court

Texas Supreme Court

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Ninth 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

U.S. District Court for the Western District of Texas

Profile

Ben Mesches successfully guides litigation teams in significant cases in trial and appellate courts. A board-certified appellate lawyer, Ben translates big-case litigation experience in business, energy, intellectual property, and bankruptcy disputes into practical business and legal solutions.

Ben has amassed a string of high-profile wins in the appellate courts. Just since 2013, he reversed a $10.7 million verdict; prevailed in a high profile energy case at the Texas Supreme Court; preserved an $81.4 million railroad-divestiture transaction in the Washington appellate courts, leading a team of lawyers from across the country; and secured a key ruling in a closely watched ballot-eligibility dispute on the eve of the election.

Ben’s approach to appellate litigation begins in the trial court—before an appeal is ever filed. Clients seek his counsel to navigate the fast-paced post-verdict stage and develop crisis-management strategies in the aftermath of an adverse decision. Understanding that close collaboration with the trial team is critical, Ben has been the architect of winning litigation strategies in the trial court—both before and after trial.

Ben’s peers recognize his collaborative leadership style. He just completed a term as chair of the ABA’s Council of Appellate Lawyers—the only national appellate-bench organization in the country—and later this year will become the President of the Texas Supreme Court Historical Society. Ben is regularly asked to write and speak on litigation and appellate practice topics, including issue selection and presentation, Fifth Circuit trends, bankruptcy appeals, and the post-verdict process.

Selected Client Representations

Ben’s recent appellate representations include:

  • Led an appellate team in the Washington appellate courts in preserving an $81.4 million railroad-divestiture transaction under attack by taxpayer challenges to the validity of the transaction (2014).
  • At the Texas Supreme Court, invalidated a $29 million liquidated damages provision arising in the context of the state’s burgeoning renewable energy industry (2014).
  • In a closely-watched election case, led the appellate team that obtained emergency mandamus relief on the eve of the election (2013).
  • In the Fifth Circuit, dismissal of derivative claims challenging a $54 million merger in the healthcare industry (2013).
  • In the Fifth Circuit, reversed a fee enhancement award granted to debtor's financial advisor, clarifying legal standards applicable to fee claims under § 328(a) of the Bankruptcy Code (2012).
  • Defeated preemption, commerce clause, and eminent domain claims related to natural gas production regulations in the Fifth Circuit (2010).
  • Persuaded the Fifth Circuit Court to dismiss - on equitable mootness grounds - the appeal of a $3.6 billion bankruptcy plan of reorganization of a global mining giant, challenged by a competing bidder and the company's union (2010)

Ben also closely collaborates with trial counsel on legal strategy, dispositive motion practice; preservation of error; jury charges; post-verdict motions and  briefing; and planning for appeal. His recent trial representations include:

  • In federal district court in Oregon, a member of the trial team that defeated $10 million trademark claims and obtained an order cancelling a trademark registration (2014).
  • As lead appellate counsel in a fiduciary-duty case arising in the healthcare arena, obtained relief from a multi-million jury verdict with a successful motion for judgment notwithstanding the verdict (2012).
  • In federal district court in Indiana, led the team that obtained dismissal of a suit—on personal-jurisdiction grounds—seeking $200 million in damages related to a multi-billion dollar oil-and-gas transaction (2012).
  • In an oil-and-gas ownership 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 (2011).
  • In a multi-million dollar case under the Texas Securities Act in a Dallas 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 (2009).

Recognition

Best Lawyers

Haynes and Boone Maintains Strong Presence in The Best Lawyers in America 2016

The Best Lawyers in America 2016, an annual referral guide listing outstanding lawyers throughout the U.S., has recognized 114 Haynes and Boone, LLP lawyers across more than 60 practice areas.


Published by Woodward/White, Inc. in August 2015

Professional and Community Activities

  • Chair of the Council of Appellate Lawyers, the nation's only appellate bench-bar organization. In that capacity, he serves on the Board of the Appellate Judges Conference of the ABA's Judicial Division and the Appellate Judges Education Institute - a non-profit educating state and federal judges nationwide.
  • Texas Supreme Court Historical Society: President-Elect; Board of Trustees; Fellow; and Chair of the Marketing Committee
  • Texas Board of Legal Specialization: Member of the Exam Commission for Civil Appellate Law
  • Texas Law Review Association: Member of the Board of Trustees
  • Dallas Bar Association, Appellate Section: Served as Chair of the Appellate Section (2011) and member of the Advisory Council (2007-2012)
  • State Bar of Texas Appellate Section: Website Committee Co-Chair (2011-present)

Professional Recognition

  • Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization (2007-Present)
  • Selected for inclusion in The Best Lawyers in America, Woodward/White, Inc., Appellate, 2016
  • Recognized by D Magazine, D Magazine Partners, as a "Best Lawyer in Dallas" in Appellate, 2014-2015
  • Selected for inclusion in Texas Super Lawyers, Thomson Reuters, 2014
  • Selected for Texas Super Lawyers - Rising Stars Edition Thomson Reuters, 2007-2014
  • Dallas Bar Foundation - Fellow (2009)

News and Publications

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