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Benjamin M. Johnston



Ben is an associate member of Worrell . Durrett . Gavrell, the firm’s litigation division, and also practices in the area of business law and real estate law. His practice has a primary focus on business, real estate, and personal injury disputes. His clients' range from individuals and businesses involved in local lawsuits to Fortune 50 corporations engaged in national class actions. Through his multifaceted practice, Ben has experience prosecuting and defending claims in state and federal courts across the country, including claims for breach of contract, fraud, breach of fiduciary duties, consumer protection violations, negligence, strict liability, and many others. He also has experience successfully managing post-trial appeals in both state and federal appellate courts.

Before joining Balcomb & Green, Ben built a foundation for his practice working in all levels of the legal system. He spent four years with a global-law-firm in Kansas City managing commercial and products liability litigation in various state and federal courts. He also spent time in New York City working at a global-law-firm where he handled mergers & acquisitions and counseled clients on corporate governance, securities laws, and financial regulations. Ben developed criminal trial experience while working as a prosecuting attorney for the City of St. Louis and gained extensive appellate knowledge while clerking for the Chief Justice of the Missouri Supreme Court.

Position:

•  Associate, Balcomb & Green, P.C.
•  Member, Worrell . Durrett . Gavrell (Litigation Division)

Areas of Practice:


Bar Admissions:

•  State of Colorado (2015)
•  State of Missouri (2009)
•  State of New York (2008)
•  U.S. District Court, State of Colorado (2015)
•  U.S. Court of Appeals, Fourth Circuit (2014)
•  U.S. District Court, Western District of Missouri (2009)

Education:

•  MODL Trial Academy (2014)
•  University of Missouri - Columbia (2008 J.D.)
•  William Jewell College (2005 B.S.)

Professional Experience:

•  Associate, Shook Hardy & Bacon LLP, Kansas City, MO (2011-2015)
•  Law Clerk, Missouri Supreme Court (2010-2011)
•  Special Assistant Circuit Attorney, St. Louis Circuit Attorney's Office (2009-2010)
•  Associate, Hunton & Williams, LLP, New York, NY (2008-2009)

Professional Associations and Memberships:

•  Roaring Fork Leadership (Board of Directors, 2016)
•  9th District Bar Association (Treasurer, 2016)
•  Executive Council for the Young Lawyer's Division of the Colorado Bar Association (2016)
•  American Bar Association's Sales Practices Subcommittee (Co-Chair, 2015)
•  Colorado Bar AssociationsYoung Lawyer Division's (Liaison, Construction Law Group, 2015)
•  Member, Aspen Young Professional Association (2015)
•  Member, Roaring Fork Young Professional Association (2015)
•  Roaring Fork Leadership Academy (2015)
•  AmeriCorps Service (2009-2010)
•  Vice-Chair, Missouri Bar Association's Tort Law Committee (2010-2011)

Publications:

•  Conspiracy Liability: if the Underlying Wrong Doesn't Fit, You Must Acquit, (American Bar Association, 2015).
•  Class Actions and Mass Torts Answer Book (Co-Author, Practising Law Institute, 2015)
•  Consumers Must Show Manufacturer' False Ads are "Literally False", (Contributor, American Bar Association, 2015)
•  Cotenants Trumping Cotentants- The 8th Circuit takes a diverse stance on Cotenants' Authority Under the Fourth Amendment (Missouri Law Review, 2008)

Honors:



Recent Matters of Note:

•  Couey v. Couey, District Court of Colorado (2015) (jury trial - real estate issues)
•  Marshall v. James B. Nutter & Co, U.S. Court of Appeals for the Fourth Circuit (2014) (appeal - after obtaining summary judgment on class action claim against client, successfully defended judgment on appeal)
•  Nooter Corp. v. Allianz Underwriters Insurance Co., et al. , Missouri State Court (2014) (jury trial - vexatious refusal and breach of contract issues)
•  The Masters Dredging Co. et al., Kansas State Court (2013) (jury trial - breach of contract and equitable remedy issues)
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Balcomb & Green, P.C. Locations
Glenwood Springs Office

818 Colorado Ave
Glenwood Springs, CO 81601
Office: (970) 945-6546 / (800) 836-5928 Fax: 970.945.8902
Aspen Office

133 Prospector Rd, Suite 4102E
Aspen, CO 81611
Office: (970) 945-6546 / (800) 836-5928
Basalt Office (The Myler Law Firm)

211 Midland Ave, Suite 201
Basalt, CO 81621
Office: (970) 927-0456


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