Practice Expertise
- Appellate
Areas of Practice
- Appellate
Profile
Chair of the Firm’s Litigation Department, Ben Mesches successfully leads appellate and litigation teams in high-stakes cases at the crossroads of major public policy questions and emerging legal issues.
Ben is ranked as a leading Texas appellate lawyer by Chambers USA (Chambers and Partners, 2019- 2022). The prestigious directory praises Ben as “an intellectual force,†commends him as “a tremendous brief writer and terrific oral advocate†and describes him as “precise and in complete command†in court.
Board certified in civil appellate law by the Texas Board of Legal Specialization, this year Ben prevailed before the en banc Dallas Court of appeals in a blockbuster case holding that ERCOT is not entitled to sovereign immunity. He has argued and won blockbuster constitutional cases at the Texas Supreme Court in back-to-back terms (2019 & 2020) impacting billions of dollars in pension funds. And he has won major cases at the Fifth Circuit—securing reversals in a renewable-energy case about a $300 million power contract (2017, 2019) and a cybersecurity dispute (2021) and upholding the constitutionality of a pension reform statute (2020).
In the Texas Supreme Court in a landmark case upholding the constitutionality of public pension reforms implicating nearly $1 billion in pension assets.
Before the Fifth Circuit in a wind-power dispute worth more than $300 million, reversing—for the second time—a district court decision.
At the Third Circuit in a trademark case in which the court held that a major pharmaceutical company owned intellectual property rights, defeating an $80 million claim.
Ben’s peers recognize his collaborative leadership style both inside the firm and within prestigious legal organizations. In addition to leading the firm’s global litigation practice, he has served as President of the Texas Supreme Court Historical Society, the ABA’s Council of Appellate Lawyers—the only national appellate-bench organization in the country—and Chair of the Dallas Bar Association’s Appellate Section.
And Ben is regularly asked to write and speak on litigation and appellate practice topics, including post-judgment strategy; practice before the Texas Supreme Court; Fifth Circuit trends; bankruptcy appeals; and the selection and preservation of issues for appeal.
Ben is ranked as a leading Texas appellate lawyer by Chambers USA (Chambers and Partners, 2019- 2022). The prestigious directory praises Ben as “an intellectual force,†commends him as “a tremendous brief writer and terrific oral advocate†and describes him as “precise and in complete command†in court.
Board certified in civil appellate law by the Texas Board of Legal Specialization, this year Ben prevailed before the en banc Dallas Court of appeals in a blockbuster case holding that ERCOT is not entitled to sovereign immunity. He has argued and won blockbuster constitutional cases at the Texas Supreme Court in back-to-back terms (2019 & 2020) impacting billions of dollars in pension funds. And he has won major cases at the Fifth Circuit—securing reversals in a renewable-energy case about a $300 million power contract (2017, 2019) and a cybersecurity dispute (2021) and upholding the constitutionality of a pension reform statute (2020).
In the Texas Supreme Court in a landmark case upholding the constitutionality of public pension reforms implicating nearly $1 billion in pension assets.
Before the Fifth Circuit in a wind-power dispute worth more than $300 million, reversing—for the second time—a district court decision.
At the Third Circuit in a trademark case in which the court held that a major pharmaceutical company owned intellectual property rights, defeating an $80 million claim.
Ben’s peers recognize his collaborative leadership style both inside the firm and within prestigious legal organizations. In addition to leading the firm’s global litigation practice, he has served as President of the Texas Supreme Court Historical Society, the ABA’s Council of Appellate Lawyers—the only national appellate-bench organization in the country—and Chair of the Dallas Bar Association’s Appellate Section.
And Ben is regularly asked to write and speak on litigation and appellate practice topics, including post-judgment strategy; practice before the Texas Supreme Court; Fifth Circuit trends; bankruptcy appeals; and the selection and preservation of issues for appeal.
Bar Admissions
Texas; U.S. Supreme Court; Texas Supreme Court; U.S. Court of Appeals for the Fifth, Seventh, Ninth, Tenth, and Federal Circuit; U.S. District Court for the Northern, Southern, and Western District of Texas;
Education
J.D., University of Texas at Austin, 2001, with honors; Member, Texas Law Review
B.A., Political Science Trinity University, 1998, cum laude
Areas of Practice
- Appellate
Professional Career
Significant Accomplishments
Appeals:
In the Texas Supreme Court, won a landmark case upholding the constitutionality of public pension reforms implicating nearly $1 billion in pension assets.
Before the Fifth Circuit, reversed – for the second time – a district court decision in a wind-power dispute worth more than $300 million.
At the Third Circuit, defeating an $80 million claim in a trademark case in which the court held that a major pharmaceutical company owned intellectual property rights.
In the Fifth Circuit, upheld a municipality's zoning scheme related to natural gas production in the face of preemption, commerce clause, and eminent domain challenges. Enforced forum selection clause, in the Dallas Court of Appeals, resulting in the dismissal of franchisor's claims against franchisee. Reversal and rendition of a take-nothing judgment, in the Austin Court of Appeals, on employment-related harassment claims against retailer. Persuaded the Dallas Court of Appeals to reverse and render judgment dismissing claims against officers of a franchisor for lack of personal jurisdiction. Vacatur, in the Fort Worth Court of Appeals, of an award of damages and dismissal of suit because the probate court lacked subject-matter jurisdiction over claims related to a right of first refusal. Obtained reversal, in the San Antonio Court of Appeals, of a temporary injunction freezing more than $150 million of assets held by real estate investors based on the Federal Arbitration Act's automatic-stay provision. In the Fifth Circuit, preserved summary judgment in an oil and gas case involving fraudulent transfer, turnover, and alter ego theories.
Trial Court Experience:
In a $200 million fraud and fiduciary duty case involving a complex energy transaction, procured dismissal of claims for lack of personal jurisdiction in Indiana federal court. In a medical partnership dispute, obtained relief from a multi-million jury verdict with a successful motion for judgment notwithstanding the verdict. In a multi-million dollar case under the Texas Securities Act in federal court, secured favorable jury charge and motion for judgment as a matter of law rulings, resulting in the complete dismissal of the plaintiff's claims on the eve of closing argument. In an oil and gas dispute alleging mutual and unilateral mistake in a deed, successfully argued the jury charge as part of a trial team that obtained a complete defense verdict. Through post-trial briefing, implemented a legal strategy that defeated an $80 million software-related copyright suit in federal court.
Bankruptcy Appeals:
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; On direct appeal to the Fifth Circuit, preserved a standing defense to a preference action based on a release and novation agreement; Persuaded the Fifth Circuit Court to dismiss - on equitable mootness grounds - the appeal of a $3.6 billion bankruptcy plan of reorganization, challenged by a competing bidder and the company's union; Obtained appellate ruling from a Delaware federal district court striking liquidated damages provision invoked by landlord in post-confirmation litigation about lease assumed by the debtor; In Fifth Circuit appeal addressing the intersection between the Bankruptcy Code's automatic-stay provision, the debtor's power over executory contracts, and the Anti-Assignment Act, blocked the federal government's attempt to terminate a power contractor; Vacated a summary judgment ruling that dismissed an action seeking to revoke a confirmation order.
Appeals:
In the Texas Supreme Court, won a landmark case upholding the constitutionality of public pension reforms implicating nearly $1 billion in pension assets.
Before the Fifth Circuit, reversed – for the second time – a district court decision in a wind-power dispute worth more than $300 million.
At the Third Circuit, defeating an $80 million claim in a trademark case in which the court held that a major pharmaceutical company owned intellectual property rights.
In the Fifth Circuit, upheld a municipality's zoning scheme related to natural gas production in the face of preemption, commerce clause, and eminent domain challenges. Enforced forum selection clause, in the Dallas Court of Appeals, resulting in the dismissal of franchisor's claims against franchisee. Reversal and rendition of a take-nothing judgment, in the Austin Court of Appeals, on employment-related harassment claims against retailer. Persuaded the Dallas Court of Appeals to reverse and render judgment dismissing claims against officers of a franchisor for lack of personal jurisdiction. Vacatur, in the Fort Worth Court of Appeals, of an award of damages and dismissal of suit because the probate court lacked subject-matter jurisdiction over claims related to a right of first refusal. Obtained reversal, in the San Antonio Court of Appeals, of a temporary injunction freezing more than $150 million of assets held by real estate investors based on the Federal Arbitration Act's automatic-stay provision. In the Fifth Circuit, preserved summary judgment in an oil and gas case involving fraudulent transfer, turnover, and alter ego theories.
Trial Court Experience:
In a $200 million fraud and fiduciary duty case involving a complex energy transaction, procured dismissal of claims for lack of personal jurisdiction in Indiana federal court. In a medical partnership dispute, obtained relief from a multi-million jury verdict with a successful motion for judgment notwithstanding the verdict. In a multi-million dollar case under the Texas Securities Act in federal court, secured favorable jury charge and motion for judgment as a matter of law rulings, resulting in the complete dismissal of the plaintiff's claims on the eve of closing argument. In an oil and gas dispute alleging mutual and unilateral mistake in a deed, successfully argued the jury charge as part of a trial team that obtained a complete defense verdict. Through post-trial briefing, implemented a legal strategy that defeated an $80 million software-related copyright suit in federal court.
Bankruptcy Appeals:
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; On direct appeal to the Fifth Circuit, preserved a standing defense to a preference action based on a release and novation agreement; Persuaded the Fifth Circuit Court to dismiss - on equitable mootness grounds - the appeal of a $3.6 billion bankruptcy plan of reorganization, challenged by a competing bidder and the company's union; Obtained appellate ruling from a Delaware federal district court striking liquidated damages provision invoked by landlord in post-confirmation litigation about lease assumed by the debtor; In Fifth Circuit appeal addressing the intersection between the Bankruptcy Code's automatic-stay provision, the debtor's power over executory contracts, and the Anti-Assignment Act, blocked the federal government's attempt to terminate a power contractor; Vacated a summary judgment ruling that dismissed an action seeking to revoke a confirmation order.
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