Ben Taylor


Fulbright & Jaworski LLP

Ben Taylor


T:+1 214 855 8110

F:+1 214 855 8200

Ben Taylor focuses his practice on appellate proceedings and trial court hearings. A partner in the Dallas office, he is adept in the appeal of commercial and non-commercial torts, products liability, insurance matters and indemnity issues.

His 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 the busy trial counsel with the preservation of issues that may be important for an appeal.

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  • Education
    • 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.

  • Representative experience
    • Assistance with mandamus briefing challenging trial court's temporary restraining order against business combination between companies providing cell phone services.  Without hearing oral arguments, appeals court granted mandamus relief directing trial court to vacate the TRO, including setting for later temporary injunction hearing; (2) deny class action plaintiff's motion for a temporary restraining order; and (3) grant relators' motion to stay the case until relators' motion to dismiss is decided.
    • 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 against firm's client in excess of $6 million, rendered judgment that opposing party take nothing from firm's client, rendered judgment that firm's client recover $1.557 million from opposing party, and remanded case for determination and awards of pre-judgment interest and attorney's fees to firm's client.  Texas Supreme Court denied opposing party's petition for review after considering full merits briefing.
    • Briefed motion for appellate court review of trial court order declaring appellant's supersedeas bond insufficient because the bond failed to include over $2 million the trial court had awarded to the judgment creditor for fees under chapter 38 of the Texas Civil Practice and Remedies Code; Appellate court issued opinion and order vacating the trial court's order; in its 2010 opinion, appellate court agreed that as a result of House Bill 4 changes enacted in 2003, a judgment debtor no longer needs to supersede chapter 38 fee awards (in order to suspend execution pending an appeal) because such awards are neither "compensatory damages" nor "costs" awarded in the judgment
    • 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
    • Briefing and arguing for construction company defendants in appeal by state university asserting sovereign immunity from bonfire injury and death claims; after granting construction company defendants' petition for review and hearing oral arguments, Texas Supreme Court opined state university shall be submitted as a "settling person" without reference to merits of appeals court decision that state university enjoyed sovereign immunity
    • Briefing and arguing for overseas individual whose special appearance had been granted, resulting in appeals court decision affirming trial court's order dismissing case against that individual for lack of Texas state court jurisdiction over his person
    • Assistance with appellate briefing for the defendant/appellant in a case involving alleged construction site defects and injuries to an unrestrained child resulting in appellate reversal of a $62 million trial court judgment and remand for a new trial
    • Assistance with appellate briefing and argued for the defendant/appellant in a case involving alleged construction site defects and a head-on car collision resulting in appellate reversal of a $3.5 million trial court judgment and rendition of judgment that plaintiffs take nothing
    • 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
    • Briefing and arguing a coverage issue under standard homeowner's liability policy to the Texas Supreme Court for the defendant, a homeowner's insurance company; Texas Supreme Court reversed a judgment in favor of an insured's assignee/tort claimant and rendered a take-nothing judgment on appeal
    • 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
    • American Bar Association
      • Appellate Section
    • 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
    • The Best Lawyers in America – appellate law, Best Lawyers (2008 - 2015)
    • Lawyer of the Year – Dallas appellate practice, Best Lawyers (2013)
    • Texas Super Lawyer – appellate, Thomson Reuters (2003 - 2014)
    • 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)
  • Speaking engagements
    • 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
  • 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
  • Licenses
    • Texas State Bar License
  • Languages
    • Spanish - Limited Proficiency
  • Interests

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