Benjamin 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, automotive, energy and construction 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.

In recent years, Benjamin has focused his practice on defending automotive and medical device manufacturers in design-defect cases. He has worked closely with company and external experts to develop legal defenses supporting the engineering technology used in his clients' products. Benjamin has used this experience to gain favorable outcomes for his clients—whether in trial, motion practice or favorable settlements.

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.

Representative Matters

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.
  • Representing automotive manufacturers in several complicated design-defect cases in both federal and state courts.

Publications

Benjamin Walther, Chris Gramling, Jennifer Hill and Stephanie McGraw, Mini-Roundtable: Drug and Medical Device Litigation, Corporate Disputes, January – March 2022.

Benjamin Walther and Ryan Killian, The Reach of the Bankruptcy Estate: Sufficiently Rooted in Precedent and Policy, Univ. Memp. L. Rev. (forthcoming).

Benjamin Walther, Everything Is Presumed in Texas: Analyzing the Application of the Presumption Against Preemption, 53 S. Tex. L. Rev. (2015).

Benjamin Walther, Cyberbullying: Holding Grownups Liable for Negligent Entrustment, 49 Hous. L. Rev. 531 (2012).

Presentations

Emerging Strategies in Talc Litigation, Cardno ChemRisk Talc Seminar, November 1, 2017.

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