Ben Allen is a trial lawyer who has made preparing for and persuading in mediation, in front of an arbitration panel, and in the courtroom the number one priority in his career development.
Pursuing rare opportunities for trial in a legal environment where negotiated resolution of disputes is much more common has had the intended consequence of preparing and training Mr. Allen to manage and prosecute a multitude of lawsuits in many different areas of law. He has prepared and argued hundreds of motions, drafted several successful appellate briefs, taken countless depositions, and currently maintains a docket of active commercial, employment, and government-related litigation.
Mr. Allen understands that learning the client’s objectives and fighting vigorously to achieve them is the heart of client service. He strives to minimize his clients’ litigation exposure and business interruption in every area of his practice, from commercial litigation to products liability to third party discovery.
First Chair Trial Experience:
Successfully defended an information technology company against former shareholder’s claims seeking $1.4 million in restitution for services allegedly performed. The jury returned a defense verdict and the court entered a take-nothing judgment. Cause No. 2008-48663, Alzo Preyear v. Kumar Kansasamy and Advanced Platinium Solutions, in the District Court of Harris County, Texas, 281st Judicial District.
Obtained writ of eviction and award of attorneys’ fees in favor of commercial real estate client following bench trial on alleged oral modifications to written lease. Successfully defended the trial court judgment on appeal. Taj Mohamed v. D. 1050, 464 S.W.3d 737 (Tex. App.—Houston [1st Dist.] 2015, no pet.).
Second Chair Trial Experience:
Arbitrated claims on behalf of call center service company against electricity provider for failure to perform pursuant to service agreement, obtaining a $2.3 million dollar arbitration award. Confirmed in Cause No. 2014-56571, AP Gas and Electric, LLC v. AP Holdings, LLC, in the 234th District Court of Harris County, Texas.
Obtained permanent injunction, including full award of attorneys’ fees, to enforce restrictive covenant in commercial real estate dispute. Successfully defended appeal. Albataineh v. Eshtehardi, No. 01-12-00671-CV, 2013 WL 1858864 (Tex. App.—Houston [1st Dist.] May 2, 2013, no pet.)
Following a jury trial before Judge Sparks, secured a take nothing judgment against a quadriplegic plaintiff alleging design defect theories on a Utility Terrain Vehicle. Cause No. 1:14-cv-00891-SS, Charlie Campbell, Individually and as Next Friend of S.R. and C.R., and Gina Wolff v. Polaris Industries, Inc.; in the United States District Court for the Western District of Texas Austin Division.
Represents several general contractors in construction litigation and pre-litigation relating to fund trapping, retainage, and mechanic/materialmen claims under the Texas Property Code.
Defended sexually oriented business from statutory nuisance claims in bet-the-company litigation. After full discovery and vigorously contested pre-trial motion hearings, the case settled favorably shortly before trial.
Defended high end residential condominium against claims breach of warranty and DTPA claims relating to water intrusion, including successfully appealing an order failing to force the residential sale contract’s arbitration provision. See Villa De Leon Condominiums, LLC v. Stewart, No. 2-14-00271-CV, 2015 WL 729462 (Tex. App.—Fort Worth Feb. 19, 2014, no pet.).
Successfully obtained dismissal of several lawsuits alleging consumer lending liability on behalf of a large financial institution.
Efficiently handles voluminous document productions for oil and gas companies, chemical manufacturing companies, and financial institutions.
Other Appellate Experience:
Argued before the 5th Circuit in USA v. Lipar, Case No. 15-20625, August 29, 2016. MP3 available at http://www.ca5.uscourts.gov/oral-argument-information/