Ben L. Mesches

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.

Good to know

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)
Admitted Year 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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