Starnes Davis Florie

Benjamin T. Presley (Ben)

Partner

Benjamin T. Presley

Benjamin T. Presley (Ben)

Partner

100 Brookwood Place
7th Floor
Birmingham, AL 35209

Ben’s practice focuses on complex business litigation, including contract disputes, RICO lawsuits, mass actions, class actions, fraud, defamation, and trade secret and non-compete cases.  His practice also includes 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 has successfully tried cases and secured judgments in favor of his clients in Alabama state and federal courts, as well as in federal courts outside of Alabama.  He is admitted to practice in all state and federal district courts in Alabama, and in the Fourth and Eleventh Circuits.

 

Professional Recognition

  • Ben was named a Rising Star for the state of Alabama by the 2014 - 2020 editions of Mid-South Super Lawyers® magazine.

Highlights

  • Obtained a jury verdict worth more than $50 million in favor of a multinational corporation against one of the three largest railroad companies in the United States in a dispute involving a long-term contract for rail transportation.  Argued the appeal before the 4th Circuit Court of Appeals, resulting in a complete affirmance of the judgment.
  • Secured an $8.3 million dollar judgment in favor of a multinational corporation in a case involving a contract for port throughput capacity and the international export of metallurgical coal.  The case was tried in the Northern District of Georgia, and the judgment was affirmed on appeal in a published opinion, Southern Coal Corp. v. Drummond Coal Sales, Inc., 28 F.4th 1334 (11th Cir. 2022), in which the appellate court also found that our client was entitled to attorneys’ fees and litigation costs in addition to the judgment amount.
  • Secured a multimillion dollar judgment in favor of a multinational corporation in a case involving a contract for port throughput capacity and the international export of metallurgical coal.
  • Secured the dismissal of a federal RICO lawsuit seeking more than $100,000,000 in damages from eleven defendants that included both corporate entities and individuals.
  • 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.  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) – 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.
  • Awarded complete summary judgment in a case alleging violations of 42 USC 1981, Title VII and the FMLA.
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Fun Facts

  • 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.  While at the University of Alabama, Ben was a member of the Jasons Senior Honor Society and the University Honors Program.
  • Ben is married to Rachel Kopf Presley of Mobile, Alabama and they have three children:  Addison, Margo and Jacob.
  • Ben enjoys anything outdoors, including sports, hunting, and grilling on his deck.
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