Ben is Chair of our e-Discovery Advisors team in our Commercial Litigation Group. He focuses his practice on director and officer defense, trade secret litigation, contract litigation, intellectual property litigation, administrative law and aviation law.
Overview
Ben is Chair of our e-Discovery Advisors team in our Commercial Litigation Group. He focuses his practice on director and officer defense, trade secret litigation, contract litigation, intellectual property litigation, administrative law and aviation law.
Practice Areas
Industry
Experience
Commercial Litigation
- Douglas v. Regions Bank, No. 3:12-CV-523FKB, 2016 WL 4442829 (S.D. Miss. Aug. 18, 2016) (granting summary judgment in customer’s conversion and negligence suit against bank).
- In re Ethicon, Inc. Pelvic Repair Systems Product Liability litigation, MDL No. 2327, F.R.D. 502 (S.D.W. Va. 2014) (denying plaintiffs’ motion for sanctions for alleged spoliation of electronically stored information in medical device multi-district litigation).
- PIC Group, Inc. v. Landcoast Insulation, Inc., No. 1:09-CV-662KS-MTP, 2011 WL 2669144 (S.D. Miss. July 7, 2011) (adopting special master’s recommendations concerning opposing litigant’s failure to preserve and search for relevant electronically stored information).
- Reunion, Inc. v. Federal Aviation Administration, No. 3:09-CV-269TSL-FKB, 2010 WL 1759562 (S.D. Miss. May 3, 2010) (represented land developer against the FAA concerning the removal of a VORTAC facility from the developer’s land).
- Regions Bank v. Herrington, 630 F. Supp. 2d 722 (S.D. Miss. 2009) (compelling arbitration of consumer’s claims against bank pursuant to the bank’s customer agreement).
- State Farm Fire and Cas. Co. v. Hood, No. 2:07-CV-188KS-MTP, 2007 WL 4208068 (S.D. Miss. Sept. 14, 2007) (representation of insurer in Section 1983 action against State Attorney General to successfully enjoin criminal investigation).
- RLI Insurance Co. v. Audubon Indemnity Co., No. 4:04-CV-276D-B, 2007 WL 2979638 (N.D. Miss. Oct. 11, 2007) (granting summary judgment in favor of insurer and finding no coverage under a personal umbrella policy).
- Mechanics Bank v. Bruno, No. 3:06-CV-102JAD, 2007 WL 2713387 (N.D. Miss. Sept. 13, 2007) (granting summary judgment in favor of bank against debtor on defaulted note).
- Tunica Web Advertising, Inc. v. Barden Miss. Gaming, LLC, 2005 WL 3488499 (N.D. Miss. 2005) (granting summary judgment for defendant in Sherman Anti-Trust action).
- Johnson v. Kansas City Southern, 224 F.R.D. 382 (S.D. Miss. 2004) (denying class certification in suit by landowners against railroad).
Aviation
- Mullen v. Bell Helicopter Textron, Inc., 144 F. Supp. 3d 884 (S.D. Miss. 2015) (successfully secured dismissal as Federal District Court in Mississippi lacked specific personal jurisdiction over nonresident lessor of Bell 206 helicopter).
- Cleveland Air Service, Inc. v. Pratt & Whitney Canada, No. 4:13-CV-161DMB-DAS, 2016 WL 4179987 (N.D. Miss. Aug. 5, 2014); 2014 WL 4914848 (N.D. Miss. Sept. 30, 2014) (obtained summary judgment for manufacturer of PT6A-67AG turbine aircraft engine).
- Webb Group, LP v. Robinson Helicopter Co., Inc., No. 3:12-CV-616CWR-FKB, 2015 WL 1189847 (S.D. Miss. March 16, 2015) (represented the owner of an R-44 helicopter involved in a fatal crash).
- Brown/Roberts v. Hospitality International, Inc., No. 08-CV-108-S, In the Circuit Court of Adams County, Mississippi (2010) (defended former aircraft owner in two lawsuits stemming from the fatal crash of a twin Cessna 310 aircraft).
- J-Com, Inc. v. John Jewell Aircraft, Inc., Before the American Arbitration Association (2010) (represented owner of a Piper Saratoga against aircraft mechanic in Holly Springs, Mississippi who failed to properly attach the fuel line to the engine resulting in loss of power and crash of the aircraft).
- GRW Engineers, Inc. v. Marc, Inc., No. 251-08-301CIV, In the Circuit Court of Hinds County, Mississippi (2009) (obtained summary judgment for owner of Cessna 337 Skymaster aircraft that crashed resulting in the destruction of the plaintiff’s laser mapping equipment).
Appellate
- Derr v. Swarek, 766 F.3d 430 (5th Cir. 2014) (affirming district court’s decision to deny comity to judgment entered by German court).
- Allen v. Regions Bank, 389 F. Appx. 441 (5th Cir. 2010) (reversing district court’s denial of bank’s motion to compel arbitration).
- U-Save Auto Rental of America, Inc. v. Furlo, 368 Fed. Appx. 601 (5th Cir. 2010) (affirming district court’s confirmation of arbitration award in favor of franchisor).
- Bearden v. BellSouth Telecommunications, Inc., 29 So. 3d 761 (Miss. 2010) (affirming summary judgment in favor of telecommunications carrier in suit alleging malicious prosecution).
- Ervin v. Sprint Communications Co. LP, 364 Fed. Appx. 114 (5th Cir. 2010) (affirming summary judgment in favor of telecommunications carrier in suit alleging trespass to property and slander of title).
- Ngo v. Point Cadet Ins. Co., 893 So. 2d 1076 (Miss. Ct. App. 2005) (affirming dismissal of policyholder’s suit against insurance company for failure to state a claim).
Other
- In re Hooker, 87 So. 2d 401 (Miss. 2012) (a facially valid pardon issued by the governor may not be set aside or voided by the judicial branch, based solely on a claim that the procedural publication requirement in Constitution was not met, or that the publication was insufficient.
- Billiot v. Epps, 671 F. Supp. 2d 840 (S.D. Miss. 2009) (granting federal habeas petition finding that defendant was not competent to be executed).
Distinctions
- Martindale-Hubbell®
- AV®- Preeminent™ Peer Review Rated, 2016-2021
- Best Lawyers in America®
- Appellate Practice, 2013-2025
- Business Organizations (including LLCs and Partnerships), 2013-2025
- Commercial Litigation, 2020-2025
- Super Lawyers®
- Mid-South Super Lawyers, Business Litigation, 2011-2023
- Mid-South Rising Stars, Business Litigation, 2009-2010
- Leadership Mississippi, Class of 2007
Bar Admissions
- Mississippi, 2000
- Tennessee, 2000
- U.S. District Courts
- Mississippi: Northern, Southern
- U.S. Court of Appeals
- 5th Circuit
Education
- University of Mississippi, J.D., magna cum laude, 2000
- Executive Articles Editor, Mississippi Law Journal
- James O. Eastland Scholarship
- Millsaps College, B.A., History, magna cum laude, 1997
- Millsaps College, B.B.A., Accounting, magna cum laude, 1997
- Clerkship, Judge Rhesa H. Barksdale, United States Court of Appeals for the Fifth Circuit, 2001-2002
- Clerkship, Judge William H. Barbour, United States District Court for the Southern District of Mississippi, 2000-2001
Associations
- American Bar Association
- Young Lawyers Division
- Mississippi Representative, 2010-2011
- Forum on Air and Space Law
- Young Lawyers Division
- Federation of Defense and Corporate Counsel
- Intellectual Property Section
- Chair
- Intellectual Property Section
- Mississippi Bar Association
- Young Lawyers Division
- Federal Bar Association
- Mississippi Chapter
- President, 2009-2010
- Mississippi Chapter
- Tennessee Bar Association
- Capital Area Bar Association
Papers, Presentations & Publications
- Co-Author, Mississippi Appellate Practice (MLI Press 2021).
- Author, “Thinking Ahead: Impact of Coronavirus on commercial transactions,” Mississippi Business Journal, March 12, 2020.
- Author, "Adopting Predictive Coding Because of Its Reliability," Pro Te: Solutio, Vol. 6 No. 3, September 2013.