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D 720.931.8155
F 303.572.7883
  • Education
    • J.D., magna cum laude, University of Pittsburgh, 1993, Order of the Coif; University of Pittsburgh Law Review, Executive Editor
    • B.A., Oberlin College, 1986, Mathematics,  with minors in Computer Science and Philosophy
  • Court Admissions
    • United States Supreme Court, 2011
    • U.S. Court of Appeals, Ninth Circuit, 2003
    • U.S. Court of Appeals, Tenth Circuit, 1997
    • U.S. District Court, District of Colorado, 1997
Ben Cohen's deep knowledge of appellate practice makes him a valuable resource to clients. He focuses on litigation that is on appeal, might involve an appeal, or needs to be managed so as to obviate an appeal. Ben is part of the Denver office's commercial litigation practice group and chairs the office’s appellate division. He has handled matters at every level of the Colorado and federal courts, including several trials and more than 30 appeals. He also is called upon to represents clients specifically for appeals, where a fresh perspective and experience in appellate practice and strategy can make the difference between success and failure.
  • Represented two U.S. Secret Service agents in the appellate stages of a civil rights lawsuit, including a unanimous decision by the U.S. Supreme Court that the agents enjoyed qualified immunity.
  • Represented two rural landowners in the appellate stages of a lawsuit brought by a petroleum company to condemn a high pressure gasoline pipeline across land that the owners were developing. Unearthed detailed 19th century legislative history from the state archives that convinced the Colorado Supreme Court that petroleum companies lacked statutory authority to condemn land for pipelines.
  • Represented a leading maker of frozen waffles in two consumer class actions over labeling issues. Defeated class certification, leading eventually to dismissal of the actions.
  • Represented a leading maker of frozen waffles in lawsuit over insurance coverage for class action litigation. After framing the case for summary judgment resolution, the insurer settled.
  • Represented a homeowner in expansive soil construction defect litigation, where coverage turned on principles of equitable subrogation. Obtained appellate reversal of an adverse judgment, leading to a favorable settlement with the builder's insurer.
  • Represented the guarantor of a large construction loan in an appeal from a judgment holding that the guarantor was liable for much more than he had agreed to guaranty. Obtained a reversal on appeal.
  • Represented excavation contractor in spurious lien action and appeal. Persuaded the Court of Appeals to reverse the trial court's ruling that the client's mechanic's lien could be summarily removed as a spurious lien.
  • Represented a surety on a car dealership's fidelity bond in an appeal over whether the surety could be liable on its bond for a treble damages award. Persuaded the Court of Appeals that sureties are not liable for such damages.
eAlerts Alerts
November 23, 2015
Publications & Presentations
Mr. Cohen is a regular contributor to new appellate cases column in Defense Research Institute business litigation group newsletters.
Publications & Presentations
Revisiting Plessy at the Virgina Military Institute: Reconciling Single-Sex Education with Equal Protection
54 University of Pittsburgh Law Review, 637
Winter 1993
Publications & Presentations
Eminent Domain Law for Pipelines in Colorado
Colorado Bar Association CLE
October 14, 2014
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