Benjamin D. Mooneyham

Ben Mooneyham specializes in complex civil litigation, with experience in commercial and contract disputes, intellectual property (including trade secrets), tort defense, class actions, employment, and insurance recovery. After graduating from The University of Chicago Law School, Ben clerked at the United States Court of Appeals for the Seventh Circuit, then worked at a large law firm in Chicago, before joining GM Law. As a shareholder, Ben has experience managing cases at every stage of litigation, from initiation through appeal. He particularly enjoys substantive brief-writing. He has drafted briefs or certiorari petitions in the United States Supreme Court, Colorado Supreme Court, Eighth Circuit, Eleventh Circuit, Missouri Court of Appeals, and the Colorado Court of Appeals. He has also won significant dispositive motions in Indiana, Illinois, Missouri, Kansas, Georgia, Colorado, and Nebraska.

Ben practices in state and federal courts across the country and has had success representing both plaintiffs and defendants. In 2020, Missouri Lawyers Weekly recognized Ben for winning the highest-rated defense result of the year, obtaining complete dismissal of indemnification claims of over $75 million – a result that was affirmed in the Eighth Circuit. In 2019, the same publication credited Ben with one of the highest plaintiff settlements of the year (securing a $10.1 million settlement). He was named as a Top Lawyer by Marquis Who’s Who in 2020.

Significant Representations

Obtained favorable settlement of breach-of-contract and bad faith claims against insurer concerning millions of dollars in defense costs over multi-year litigation. Briefed and won summary judgment in Indiana federal court on key contract-interpretation issues.

Won complete dismissal of contractual indemnity and defense claims seeking over $75 million relating to years-long litigation in Missouri federal court. Successfully briefed appeal in Eighth Circuit, winning affirmance.

Obtained $10.1 million settlement in favor of plaintiffs in trade secret dispute against competitor of client, after nearly three-year litigation in Indiana state court. Drafted and presented briefing on complicated jurisdictional issues to successfully dismiss or transfer related lawsuits in federal court in Nebraska and Indiana. In state court, obtained finding of spoliation of evidence against defendants and drafted successful briefing on complex summary judgment issues prior to obtaining settlement.

Won complete dismissal of personal injury claims seeking nearly $11 million in damages related to alleged toxic inhalation. Successfully briefed Daubert and summary judgment issues in Kansas federal court.

Successfully resolved breach-of-contract claims as plaintiff representing company that provides nationwide finance and insurance products for automobiles. Obtained summary judgment on liability issues and succeeded at bench trial on damages issues as second chair.

Represented defendants/counterclaim-plaintiffs in obtaining a $6.1 million jury verdict for breach of fiduciary duty and civil conspiracy, including $5.5 million in punitive damages, following a thirteen-day jury trial in Jackson County, Missouri. Successfully obtained dismissal of all of plaintiffs’ claims prior to trial, proceeding at trial only on clients’ counterclaims. At trial, helped persuade the jury that counterclaim-defendants used their control over counterclaim-plaintiffs to take monies for lavish personal entertainment and other self-dealing transactions, and that the award of punitive damages was appropriate to deter future conduct.

Won reversal in Colorado Court of Appeals following premature dismissal of claims concerning fraudulent misrepresentation against third-party administrator of construction damage invoices. Briefed and won denial of certiorari in Colorado Supreme Court.

Drafted appellate briefs in cross-appeal in which U.S. Court of Appeals for the Eighth Circuit affirmed judgment in favor of client for over $109,000 in breach of contract dispute.

Drafted appellate brief in Missouri Court of Appeals case, obtaining affirmance of nearly $500,000 in litigation costs following trial.

Represented high-power LED manufacturer in multi-million-dollar trade secret dispute against Chinese competitor.