Benjamin Walther is an innovative litigator with significant experience in product liability and business litigation actions. He has successfully represented Fortune 500 companies in the pharmaceutical, medical device, energy, construction and automotive industries.
Benjamin has managed both complex, individual cases and sprawling litigation with more than 600 lawsuits pending in jurisdictions across the country.
As part of his practice, Benjamin has been on multiple trial teams, cross-examined witnesses in a federal jury trial, and argued appeals to the U.S. Court of Appeals for the Fifth Circuit.
Benjamin’s experience has translated into significant, positive outcomes for his clients, including:
- the dismissal of individual claims and entire lawsuits at early stages of the litigation process;
- successful striking of plaintiffs’ experts through Daubert briefing;
- multiple granted motions for summary judgment, resulting in take-nothing judgments for the defendant;
- full defense verdicts at multiple trials; and
- the successful defense of positive trial-court outcomes on appeal.
- Benjamin has both national and local litigation experience. Typical matters include:
- Seismic Wells, LLC v. The Sinclair Companies: Benjamin was on the trial team for this multimillion-dollar breach of contract/fraud case pending in the Northern District of Texas. In addition to cross-examining a geophysicist, Benjamin drafted Sinclair’s winning motion for judgment as a matter of law. Benjamin defended the favorable judgment on appeal by successfully drafting the appellate briefs and arguing the case at oral arguments to the U.S. Court of Appeals for the Fifth Circuit.
- Johnson’s® Baby Powder Litigation: Benjamin was responsible for managing more than 600 asbestos cases asserted against Johnson & Johnson around the country. Benjamin was on the trial team for the first talc-asbestos trial asserted against the manufacturer in the country, and his work contributed to Johnson & Johnson receiving a full defense verdict in that case.
- Mirena® Products Liability Litigation: Benjamin represented U.S. and foreign Bayer entities in this multidistrict litigation pending in the Southern District of New York. Benjamin’s work contributed to the MDL court’s decision to grant summary judgment in Bayer’s favor, dismissing more than 1,000 actions asserted against the Bayer entities.
- Crossland Acquisitions, Inc. v. HNTB Corporation: Benjamin drafted the winning motion for summary judgment in this multimillion-dollar breach of contract dispute. Benjamin then defended the favorable judgment on appeal to the Fourteenth District Court of Appeals and the Texas Supreme Court.
- Rooftop Group USA, Inc. v. Shopper Events: In this restricted appeal, Benjamin developed a novel theory supporting the default judgment his client obtained against the opposing party. The Fourteenth District Court of Appeals adopted Benjamin’s unique argument, affirmed the district court’s decision, and awarded his client the attorney’s fees it had incurred in the case.
- J.D., summa cum laude, University of Houston, 2012
- Oder of the Barons
- Order of the Coif
- Houston Law Review, Senior Articles Editor
- Intern to The Hon. Jennifer Elrod, U.S. Fifth Circuit Court of Appeals
- B.A., cum laude, Baylor University, 2007
- Honors Program
- U.S. District Court, Northern District of Texas
- U.S. District Court, Eastern District of Texas
- U.S. District Court, Southern District of Texas
- U.S. District Court, Western District of Texas
- U.S. Court of Appeals, Fifth Circuit
- Big Brother Big Sister, Mentor 2.0
Rate : $$$$