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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, Third Circuit, 2019
    • U.S. Court of Appeals, Fourth Circuit
    • U.S. Court of Appeals, Ninth Circuit, 2003
    • U.S. Court of Appeals, Tenth Circuit, 1997
    • U.S. Court of Appeals, Eleventh Circuit, 2019
    • 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 has handled matters at every level of the Colorado and federal courts, including several trials and more than 50 appeals and appellate matters. 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 U.S. Supreme Court representation and briefing leading to 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 for certain pipeline condemnations.
  • Represented a "gig economy" company in an unemployment compensation audit, culminating in a decision by the Colorado Court of Appeals reversing the state agency's determinations that the company's workers were not independent contractors but employees.
  • Led pro bono appellate counsel representing descendants of Hispanic settlers in continuing Lobato v. Taylor (Taylor Ranch) litigation.
  • Obtained judicial reformation of a condominium's outdated declarations, which could not be amended through ordinary member voting due to lender consent requirements.
  • 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.
  • Successfully arbitrated an insurance subrogation claim over liability for damages to a million dollar computer system.
  • 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.
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