J. Benjamin King

Benjamin King, a Dallas-based litigator and Diamond McCarthy partner, handles complex litigation at the trial and appellate levels, including director and officer liability, accounting liability, prosecution and defense of class action claims, and breach of contract claims in the Federal Court of Claims.

Ben represents clients from a cross-section of industries, including financial services, oil and gas, health care, manufacturing and governments.

Since joining Diamond McCarthy in 2004, Ben has been involved in a number of notable cases. These include the representation of a putative class of consumers bringing claims against an immigration bond company and its principal for allegedly charging illegal and outrageous rates; and the representation of foreign companies bringing billion-dollar business tort claims in a multi-district litigation.

After graduating from Cornell University Law School, Ben clerked for Judge Alan E. Norris of the U.S. Court of Appeals for the 6th Circuit. He then practiced at a major firm in Washington, D.C., before joining Diamond McCarthy.

Ben is admitted to practice in Texas and the District of Columbia.

Clerkships

• The Honorable Alan E. Norris, U.S. Court of Appeals for the 6th Circuit, 1998-1999

Representative Cases

• Ongoing representation of a putative class of distributers of CITGO gasoline against CITGO for breach of contract. The class plaintiffs allege that CITGO breached the UCC’s obligation to get the open-price term of their contracts in good faith.
• Ongoing representation of a putative class of consumers bringing claims against an immigration bond company and its principal for allegedly charging illegal and outrageous rates. This class action has received significant attention in the Texas media. « San Antonio Express-News article | Texas Lawyer article »
• Ongoing representation of foreign companies bringing billion-dollar business tort claims in a multi-district litigation before the United States District Court for the Southern District of New York.
• Ongoing representation of a physician partnership in bringing multi-million fraud and breach of contract claims against Texas Health Resources.
• Ben recently led a team of Diamond McCarthy lawyers in the defense of a bank against claims of a former executive for unpaid bonus and severance pay. The litigation concluded after a week-long FINRA arbitration.
• Ben recently led a team of Diamond McCarthy lawyers in the litigation of a consumer class action case. The class members had contracted with an immigration bond company for the release of immigrants from INS detention. The class complaint alleged that the bond company, and the insurance companies that controlled it, charged unconscionable fees and uniformly breached their contracts with the class members. The matter settled on the eve of trial.
• Representation of bankruptcy trustees bringing claims against the debtors' former directors, officers, accountants, and other professionals.
• Representation of a bank holding company before and during the trial of its claims against the United States for breach of contract.
• Representation of Quitman County, Mississippi in a lawsuit against the State of Mississippi, in which Quitman County sought to require the State to provide a state-wide system of indigent criminal defense.
• Representation of one of the world's largest manufacturers of consumer goods in class action and third-party payer litigations.
• Representation of numerous clients on a pro bono basis in family law and landlord/tenant litigations.

• Ben King Discusses the High Rates Charged by Houston-based Bonding Company
• Ben King Discusses Class Action Lawsuit Regarding Illegal Bond Fees
• Diamond McCarthy Attorneys Host Cornell Event
• Diamond McCarthy Files Second Suit 6/2/09 Regarding Immigration Bonds

• Ladd Hirsch, Andrew B. Ryan, J. Benjamin King authors, Insurance Litigation: Adding to the Company's Bottom Line, Diamond McCarthy presentation to GC Netweavers (April 16, 2009)