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.
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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.
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 fluency
Year Joined Firm
2014
Areas of Practice
Appellate
Dispute resolution and litigation
Certified Legal Specialties
Civil Appellate Law, Texas Board of Legal Specialization, 1992
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
Representative Cases
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 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, rendered judgment that opposing party take nothing, rendered judgment that party recover 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.
Representative Clients
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
Classes/Seminars
Appellate Supersedeas Update, Mesquite 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
Honors and Awards
Texas Trial Lawyers Association – John Howie Spirit of Mentorship Award, 2016
The Best Lawyers in America – appellate law, Best Lawyers, 2008 – 2024
Lawyer of the Year – Dallas appellate practice, Best Lawyers, 2013
Texas Super Lawyer – appellate, Thomson Reuters, 2003 – 2024
Texas Super Lawyer – top 100 attorneys in Dallas, Thomson Reuters, 2004
The Best Lawyers in Dallas – D Magazine, 2003
The Best Lawyers in Dallas – D Magazine, 2005
The Best Lawyers in Dallas – D Magazine, 2011
The Best Lawyers in Dallas – D Magazine, 2012
The Best Lawyers in Dallas – D Magazine, 2013
The Best Lawyers in Dallas – D Magazine, 2014
The Best Lawyers in Dallas – D Magazine, 2018
The Best Lawyers in Dallas – D Magazine, 2020
Professional Associations and Memberships
State Bar of Texas, Appellate Section
State Bar of Texas, Pattern Jury Charge Committee, General Negligence and Intentional Personal Torts, 1995 – 2004
State Bar of Texas, Pattern Jury Charge Committee, General Negligence and Intentional Personal Torts, Chair, 2004 – 2006
Dallas Bar Association, Appellate Law Section, Chair, 2005
Dallas Bar Association, Appellate Law Section, Vice-Chair, 2004
Dallas Bar Association, Appellate Law Section, Secretary, 2003
Dallas Bar Association, Appellate Law Section, Treasurer, 2002
Past Employment Positions
Justice William Kilgarlin, Supreme Court of Texas, Briefing Attorney, 1987 – 1988
Fulbright & Jaworski, 1988 – 2014
Fraternities/Sororities
Phi Beta Kappa
* Super Lawyers is an attorney rating service by Thomson Reuters
* By Best Lawyers Rankings
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