Ben L. Mesches

Ben’s recent appellate representations include:

• In the Texas Supreme Court, secured a major victory for corporate directors and officers in a decision holding that a $220 million bankruptcy and securities litigation settlement constituted covered loss. (2024).
• In the Dallas Court of Appeals, confirmed a multi-million-dollar lost-profits award and rescission relief arising in a complex real-estate partnership dispute. (2024).
• In the Sixth Circuit, on behalf of a major financial institution, persuaded the court to reverse the district court on a novel question involving the insurability of certain bankruptcy claims under Ohio law. (2024).
• In the Dallas Court of Appeals, upheld the constitutionality of statutory changes to a public pension plan involving nearly $1 billion of plan assets. (2023).
• In the Fifth Circuit, prevailed in a complex commercial dispute alleging contract, tort, and antitrust claims seeking more than $50 million. (2022).
• In a closely watched case involving the standards governing the enforceability of forum selection clauses, persuaded the California Supreme Court to grant review. (2022).
• In a precedent-setting insurance coverage dispute involving a cybersecurity breach, secured reversal in the Fifth Circuit on behalf of a corporate policyholder. (2021).
• In back-to-back to terms, won constitutional cases at the Texas Supreme Court challenging legislative pension reforms impacting billions of dollars in pension funds (2019-20).
• In the Fifth Circuit, secured reversals in a renewable-energy dispute involving a $300 million power contract (2017, 2019).
• In the Third Circuit, defeated an $80 million claim in a trademark case in which the court held that a major pharmaceutical company owned disputed intellectual property rights (2019).
• Led an appellate team in the Washington appellate courts in preserving an $81.4 million railroad-divestiture transaction (2014).
• At the Texas Supreme Court, invalidated a $29 million liquidated damages provision arising in the context of the state’s fast-growing 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).
• In the Fifth Circuit prevailed on federal preemption challenges to natural-gas production regulations (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)