Ben delivers excellent service to his clients by engaging matters with urgency and poise.

Overview

Ben advocates for clients at the pretrial, trial, and appellate stages of the litigation process.  He litigates before state and federal courts and government agencies on behalf of individuals and businesses involved in complex disputes.  His practice covers an extensive range of business, commercial, insurance, employment, and ERISA matters.  Ben’s experience before joining the firm enhances his value as a lawyer.  He previously served as a federal law clerk, exposing him to a huge variety of litigation and giving him a rare, intimate view of how courts work.  Ben’s prior career as a high school English teacher is the foundation of his client-centered approach and taught him to develop solutions, even when the problem appears unsolvable.

Experience

  • Fully briefed and argued a case before the Kansas Supreme Court on a claim brought under Kansas’s wrongful conviction compensation statute.
  • Fully briefed dispositive motions before U.S. District Court in defending breach of contract and misappropriation of trade secrets claims against business client; succeeded in persuading court to dismiss claim for lack of personal jurisdiction and another claim for failure to state a claim upon which relief can be granted.
  • Drafted and filed post-disposition motion in the Missouri Court of Appeals seeking transfer to Missouri Supreme Court on important issue of first impression in Missouri regarding public defender caseloads.
  • Drafted discovery requests and responses in state and federal courts.
  • Drafted pleadings in state and federal courts.
  • Drafted tender letter seeking indemnification of business client in state-court personal injury suit.
  • Drafted and served golden rule letter to opposing counsel in state and federal court professional liability case.
  • Advised business client regarding client’s potential claims against third parties arising from self-funded health plan dispute.
  • Assisted in-house counsel in advising business client about its options for recouping retirement benefit overpayments.
  • Assisted individual clients in pursuing insurance coverage claims in U.S. Bankruptcy Court.
  • Performed research to assist business client in preparation for multimillion-dollar international arbitration in Singapore and Macau.
  • Worked with start-up business client to draft response to demand letter and avoid million-dollar litigation.
  • Assisted nonparty business client who had been served with third-party subpoena; helped client avoid having to produce documents that parties to litigation could have otherwise found by other means.

News & Insights

Publications

Co-Author, "Hon. Fernando J. Gaitan, Jr.: Senior U.S. District Judge, Western District of Missouri," The Federal Lawyer (January/February 2020) (with Grace Colato)

Co-Author, "Kansas City Law Firms of the Past," KC Counselor (November 2019) (with Steve Cosentino)

"National FBA Advocates for Independent Immigration Court," Official Newsletter of the Federal Bar Association Chapter for the Districts of Kansas and Western Missouri, October 2019

Professional & Civic Activities

Professional & Civic Activities

Federal Bar Association Chapter for the Districts of Kansas and Western Missouri, Law Student Mentorship Program Chairperson, 2018-present

KCMBA's Ross T. Roberts Trial Academy, Barrister, 2018-2019

Cub Scout Pack 118, Den Leader, 2020-present

Lawyers Encouraging Academic Performance, Volunteer, 2017-present

Children's Mercy Hospital Mercy Ambassadors, Member, 2019-present

American Bar Association

Kansas City Metropolitan Bar Association

Missouri Bar Association

Kansas Bar Association

Eagle Scout, 2001

Practices & Industries

Admissions

  • Missouri
  • Kansas
  • U.S. District Court for the Western District of Missouri
  • U.S. District Court for the District of Kansas

Education

University of Kansas School of Law, J.D., 2018

  • Order of the Coif
  • Kansas Journal of Law and Public Policy, Publication Editor and Staff Editor
  • Moot Court Council
  • CALI Excellence for the Future Awards: Property, Jurisprudence, Federal Courts and the Federal System

Avila University, M.A., Secondary Education, 2012

Saint Louis University, B.A., English, Certificate, Business Administration, 2007

Clerkships

  • Law Clerk, U.S. District Judge Stephen R. Bough, U.S. District Court for the Western District of Missouri, 2018–2019
  • Judicial Intern, U.S. District Judge Carlos Murguia, U.S. District Court for the District of Kansas, 2017–2018
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