Ben Presley, a native of Birmingham, is a partner at Starnes Davis Florie.
Ben's practice primarily focuses on complex business litigation. A significant portion of his practice is also dedicated to municipal and government litigation, personal injury, workers' compensation, and constitutional law, as well as appellate advocacy. Ben has represented multinational, national and regional companies, as well as municipalities across Alabama. He is admitted to practice in all state and federal district courts in Alabama, and in the Eleventh Circuit Court of Appeals.
* Obtained complete summary judgment in a case alleging violations of 42 USC 1981, Title VII and the FMLA.
* Obtained complete summary judgment in favor of a multinational corporation and its executives on claims arising under the Alien Tort Statute, the Torture Victims Protection Act, and Colombian wrongful death law premised on the deaths of three Colombian labor union leaders.
* Obtained complete summary judgment in favor of a multinational corporation and its executives in a mass tort action involving claims of more than 600 Colombian citizens arising under the Alien Tort Statute, the Torture Victims Protection Act, and Colombian wrongful death law.
* Secured dismissal of all claims against a former mayor arising out of the allegedly wrongful arrest of a former police chief by his successor.
* Obtained judgment as a matter of law on behalf of a municipality, its mayor, its police chief and several officers in a lawsuit alleging conspiracy, false arrest, abuse of process, and malicious prosecution.
* Secured a summary judgment for 4 supervisory co-employees in a case where the plaintiff was seriously injured after falling 7 feet while operating a mud car at a coke plant.
* Obtained complete summary judgment in favor of a police officer and judicial magistrate on the basis that they were entitled to state agent immunity and absolute judicial immunity, respectively. The Alabama Court of Civil Appeals affirmed on appeal.
* Obtained summary judgment on a 42 USC 1983 claim brought against a municipal-owned utility, a former mayor, and the utility operations manager where the plaintiff alleged a violation of procedural due process under the Fourteenth Amendment arising out of the allegedly tortious disconnection of her electrical services. The Eleventh Circuit affirmed on appeal.
* Obtained summary judgment in favor of a municipality against a property owner who alleged that the city wrongfully condemned and demolished her property.
* Secured complete dismissal of all claims, which included invasion of privacy, defamation, abuse of process, and negligence, brought against several municipal employees, including a police officer.
* Obtained summary judgment in favor of a property owner against an individual who brought eight separate counts, including negligent design, negligent creation of a defect, negligent maintenance, and negligent failure to warn, and alleged that he was injured by a defect on the premises while playing tennis.
* Obtained summary judgment in favor of a municipality and two police officers against an individual who alleged he was wrongfully arrested for capital murder.
Honors And Awards
Ben was named a Rising Star for the state of Alabama by the 2014 - 2016 editions of Mid-South Super Lawyers® magazine.
While attending law school, Ben served as Co-Chairman of the 2010 Moot Court Board.
Ben graduated from the University of Alabama magna cum laude with a B.S. in Commerce and Business Administration and With Honors in Finance. Ben was a member of the Jasons Senior Honor Society, the University Honors Program, and received the award for “Outstanding Undergraduate in Finance.”
Doe v. Drummond Co., Inc., 782 F.3d 576 (11th Cir. 2015), cert. denied 136 S. Ct. 1168 (2016)
Baloco v. Drummond Co., Inc., 767 F.3d 1229 (11th Cir. 2014)
Ex parte City of Bessemer, 142 So. 3d 543 (Ala. 2013)
Miller ex rel. Miller v. Liberty Park Joint Venture, LLC, 84 So. 3d 88 (Ala. Civ. App. 2011)
Louise Alexander v. Edward May, 2012 WL 1758612 (11th Cir. 2012)