Benjamin has successfully represented clients in product liability and business litigation actions. He handles a wide range of litigation activities, including case assessment, coordinating discovery, drafting and arguing motions, preparing and defending company witnesses in depositions, taking plaintiff and fact-witness depositions, Daubert and summary judgment briefing, and trial support. 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; and
  • the successful defense of positive trial-court outcomes on appeal.

Representative Matters

Benjamin has both national and local litigation experience. Typical matters include representing:

  • Bayer HealthCare Pharmaceuticals Inc. regarding the intrauterine system Mirena® in multidistrict litigation in the Southern District of New York and multi-county litigation in New Jersey, resulting in more than a thousand cases being dismissed in Bayer’s favor;
  • Johnson & Johnson in nationwide litigation regarding Johnson’s® Baby Powder;
  • HNTB Corporation in Harris County, Texas, and the Fourteenth Court of Appeals regarding a breach-of-contract dispute; and
  • Sinclair Oil and Gas Company in an oil-and-gas dispute in the Northern District of Texas.

Publications

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).