Ben Taylor

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Ben Taylor focuses his practice on appellate proceedings and trial court hearings. Ben was with Fulbright & Jaworski between 1988 and 2014 before joining Ted B. Lyon & Associates in September 2014. He is adept in the appeal of commercial and non-commercial torts, products liability, insurance matters and indemnity issues.

Ben’s practice also includes a concentration on procedural issues such as summary judgments and assisting with, and making the record on, the court’s charge to a jury. As an appellate advocate, Ben also assists trial counsel with the preservation of issues that may be important for an appeal.

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Areas of Concentration

  • Appellate
  • Dispute resolution and litigation

Representative Experience

  • Assistance with pre-trial preparations and later court of appeals and Texas Supreme Court merits briefing to defend summary judgment granted in favor of plaintiff health care provider in action against third party administrator to recover on over 600 claims that were not paid timely. As a result, trial court’s judgment for health care provider in excess of $3.3 million was affirmed through all appeals.
  • Assisted with trial court briefing, briefed and argued in court of appeals, and briefed in Texas Supreme Court, complex dispute over electronic game distribution agreement. Court of appeals reversed judgment in excess of $6 million, rendered judgment that opposing party take nothing, rendered judgment that party recover $1.557 million from opposing party, and remanded case for determination and awards of pre-judgment interest and attorney’s fees to party. Texas Supreme Court denied opposing party’s petition for review after considering full merits briefing.
  • Assistance with jury charge record, and also post-verdict and appellate briefing, in multi-death case against trucking company arising out of highway collision between eighteen-wheeler and passenger vehicle; Texas Supreme Court eventually decided trial court abused its discretion, and committed reversible errors, in overruling defense objections and permitting jury to hear illegal immigration evidence, including fact that driver may have misrepresented facts to authorities in order to work in the United States
  • Representation of an oil company in an environmental case involving allegations of fraud in a corporate transaction; briefed and argued on appeal for the oil company, the defendant appellee, and as a result, the court affirmed a judgment on the verdict for the defendant
  • Assistance with jury charge and briefed and argued for the defendant/appellee/conditional cross-appellant in a case involving alleged fraudulent transfers resulting in an affirmed judgment

Professional Activities

  • Bar of the United States Supreme Court
  • State Bar of Texas
    • Appellate Section
    • Pattern Jury Charge Committee
      • General Negligence and Intentional Personal Torts (1995 – 2004), Chair (2004 – 2006)
  • Dallas Bar Association
    • Appellate Law Section, Treasurer (2002), Secretary (2003), Vice-Chair (2004), Chair (2005)

Professional Honors

  • Texas Trial Lawyers Association – John Howie Spirit of Mentorship Award (2016)
  • The Best Lawyers in America – appellate law, Best Lawyers (2008 – 2017)
  • Lawyer of the Year – Dallas appellate practice, Best Lawyers (2013)
  • Texas Super Lawyer – appellate, Thomson Reuters (2003 – 2016)
  • Texas Top Rated Lawyer – LexisNexis Martindale-Hubbell (2012 – 2014)
  • Texas Super Lawyer – top 100 attorneys in Dallas, Thomson Reuters (2004)
  • The Best Lawyers in Dallas – D Magazine (2003, 2005, 2011, 2012, 2013, 2014)

Publications

  • Co-author, “Governor Signs Revised Texas Lawsuit Reform Legislation,” Fulbright Alert, May 31, 2011
  • Co-author, “Texas Supreme Court Extends Notice-Prejudice Rule to Advertising Injury Coverage,” Fulbright Briefing, January 16, 2008
  • Co-author, “Supreme Court’s 5-4 Reversal of $79.5 Million Punitive Damage Award May Have Broad Impact, But Excessiveness of Award Not Addressed,” Fulbright Alert, February 20, 2007
  • Co-contributor, “Appellate Law and Practice: ‘Not Just the Facts,” Legal Resource Guide for the Media, Dallas Bar Association, October 2005
  • “Methodology of a Pattern Jury Charge Committee,” The Advocate, State Bar Litigation Section Report, Vol. 31, Summer 2005
  • Co-author, “Jury Charge Under House Bill 4 (impact of House Bill 4, unanimous jurors, State Farm opinions on punitives, Casteel case, exemplary damages),” 27th Annual Advanced Civil Trial Course, State Bar of Texas, August, September and November 2004
  • Co-author, “Recovery of Contingency Fees After Arthur Andersen vs. Perry Equipment; Plaintiff and Defense Perspectives,” Houston Bar Association Seminar, November 1997
  • Co-author, “Court’s Charge Update,” Professional Development Program: Advanced Personal Injury Law Course, State Bar of Texas, June 1995
  • Co-author, “Premises Liability Law Update,” Professional Development Program: Wrongful Death & Personal Injury Arising from Premises Liability, State Bar of Texas, April 1988
  • Co-author, “Contribution and Indemnity: Including Mary Carters and Joint and Several Liability,” Professional Development Program: Advanced Personal Injury Law Course, State Bar of Texas, July/August 1987

Speeches

  • Appellate Supersedeas Update, Mequite Bar Association Meeting, Mesquite, Texas, February 2015
  • Panelist, “Appellate Annual Review: Cases that Matter to Business – Updates from the Texas Supreme Court,” Fulbright & Jaworski L.L.P. CLE Seminar, Houston, Texas, October 2011
  • Panelist, “Trends, Developments and Techniques in Texas Appellate Practice,” Dallas Bar Association Appellate Law Section CLE Seminar, Dallas, Texas, August 2007
  • State Bar Advanced Personal Injury Law Course, Pattern Jury Charge Conference Presentation, July/August 2007
  • Panelist, “Enhancing Your Appellate Prospects,” Dallas Bar Association, Appellate Law Section CLE Seminar, Dallas, Texas, May 2006
  • State Bar Advanced Personal Injury Law Course, Pattern Jury Charge Conference Presentation, June/July/August 2003
  • “Trends and Impact of Supreme Court Opinions on Appellate Practitioners,” State Bar of Texas Advanced Civil Appellate Practice Course, Richardson, Texas, September 2000

Educational Background

  • 1987 – J.D., summa cum laude, South Texas College of Law
  • 1984 – B.A., High Honors, Spanish Literature, The University of Texas

While attending The University of Texas, Ben was a member of Phi Beta Kappa. He was admitted to practice law in Texas in 1987 and, prior to joining Fulbright & Jaworski in 1988, served as a briefing attorney for Justice William Kilgarlin in the Texas Supreme Court.

Ben was certified in Civil Appellate Law by the Texas Board of Legal Specialization in 1992 and has experience appearing before the Texas Supreme Court, and both state and federal courts of appeals.

Interests

When time permits, Ben enjoys reading Tom Clancy novels and staying abreast of recent technological advancements involving computers, computer networks and the Internet.

Languages

  • Spanish – Limited Proficiency