Dallas, Texas 75219
Ben Mesches is an experienced, board-certified appellate lawyer, plays a key role on trial teams at all stages of litigation, and is a nationally respected leader in the appellate bar. He has handled numerous appeals in the Fifth Circuit, argued before the Texas Supreme Court, where he served as a law clerk, and frequently litigates in trial and appellate courts across the country. His cases run the gamut: oil and gas; energy; complex business; intellectual property; bankruptcy; and railroad disputes.
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.
|Areas of Practice||1) Appellate, 2) Litigation/Trial Practice, 3) Oil and Gas Litigation, 4) Energy Litigation, 5) Business Litigation and 6) Bankruptcy and Insolvency Litigation|
|Law School||University of Texas School of Law (J.D., 2001)|
|Education||Trinity University (B.A., 1998)|
|Bar Member / Association||Texas State Bar Associations|
|Most recent firm||Haynes and Boone, LLP|
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