Benjamin J. Hogan

Ben is a zealous courtroom advocate who handles all aspects of complex civil litigation from pre-suit through final appeal, with particular expertise in consumer class actions, appellate litigation, antitrust matters, product safety litigation, data privacy issues, environmental justice, Title IX discrimination, employment disputes, and representing elected officials.

Ben is recognized by Best Lawyers: Ones to Watch and Super Lawyers for his appellate and class action practice. He has extensive experience and skill in complicated class action litigation and has been appointed as class counsel in numerous cases. He also excels at representing clients in appeals that address some of the most challenging legal issues, including constitutional issues, jurisdictional issues, class certification issues, and statutory and regulatory interpretation issues. Ben has briefed and/or argued numerous appeals in various U.S. Circuit Courts of Appeals, the U.S. Supreme Court, and various state courts. In addition to handling briefing in numerous other appeals, in the last year alone Ben argued and won three appeals in the Fourth Circuit and argued in the Eleventh Circuit.

He recently represented a university in an appeal that established precedent in the Fourth Circuit regarding the scope of federal officer removal jurisdiction and when a company is—or is not—acting under a federal officer such that it confers jurisdiction in the federal courts. West Virginia State Univ. v. Dow Chem. Co., 23 F.4th 288 (4th Cir. 2022).

During the COVID-19 pandemic, Ben was undefeated in representing the Governor and State of West Virginia in groundbreaking litigation arising from challenges to governmental responses to the public health crisis. The appeals of these unique cases also established binding precedent in the Fourth Circuit.

Ben served as Special Assistant Attorney General and successfully prosecuted the largest antitrust case in West Virginia’s history against the world’s largest asphalt and paving company, its West Virginia subsidiary, and others. The case settled for more than $100 million.

In Krakauer v. Dish Network LLC, he was part of a Bailey Glasser team that preserved on appeal a precedent-setting $61.3 million jury verdict and judgment for a class of consumers. The case involved thousands of violations of the Telephone Consumer Protection Act and centered on class members who repeatedly received telemarking calls from a Dish Network authorized dealer despite their names being listed on the National Do Not Call Registry.

Ben also tried to jury verdict a case involving a fatal police shooting after winning an interlocutory appeal on qualified immunity that paved the way to trial. Rhoades v. Forsyth, 834 F. App’x 793 (4th Cir. 2020).

An avid outdoorsman, Ben enjoys cycling, skiing, and hiking and sharing those adventures with his wife and two kids. He is also a member of the board of directors of Friends of the Cheat, a non-profit organization dedicated to restoring, preserving, and promoting the outstanding natural qualities of the Cheat River watershed in West Virginia.

He based in Morgantown, West Virginia, and licensed in West Virginia.

Awards & Accolades

Best Lawyers: Ones to Watch, Appellate Practice (2023)

Super Lawyers, West Virginia, “Rising Star,” Class Actions, Consumer Law, Appellate, Personal Injury - Products (2020 - 2023)

The National Trial Lawyers: Top 40 under 40, Civil Plaintiff (2023)

Clerkships

• Law Clerk, Honorable Robert B. King, US Court of Appeals for the Fourth Circuit (2017-2018)

Government Service / Previous Employment

• Legal Intern, U.S. Centers for Disease Control

Case Studies

Representative Matters

• Served as Special Assistant Attorney General and obtained the largest antitrust settlement—$101.35 million—in West Virginia’s history.
• Preserved on appeal a precedent-setting $63 million judgment after jury verdict in TCPA class action. Krakauer v. Dish Network, LLC, 925 F.3d 643 (4th Cir. 2019).
• Argued and won three appeals in the Fourth Circuit in the last year alone, resulting in two recently published opinions.
• Argued and won appeal on behalf of university in environmental contamination suit that clarified and narrowed the scope of federal officer removal jurisdiction and what it means to be “acting under” a federal officer. West Virginia State Univ. v. Dow Chem. Co., 23 F.4th 288 (4th Cir. 2022).
• Served as lead appellate counsel and successfully petitioned under Rule 23(f) for appellate review of a class certification decision in the Eleventh Circuit and argued the merits. Johansen v. Bluegreen, No. 22-10695 (11th Cir. 2022).
• Appointed class counsel and serves as appellate counsel in TCPA class action against DirecTV. Vance v. DIRECTV, No. 22-1958 (4th 2022).
• Tried police shooting case to verdict after winning interlocutory appeal on qualified immunity. Rhoades v. Forsyth, 834 F. App’x 793 (4th Cir. 2020).
• Undefeated in six cases defending Governor’s response to the COVID-19 pandemic, including two appeals to the Fourth Circuit. Eden, LLC v. Justice, 36 F.4th 166 (4th Cir. 2022); AJE Enter. LLC v. Justice, No. 20-2256, 2021 WL 2102318 (4th Cir. Jan. 27, 2021).
• Serves as lead appellate counsel in Mey v. Castle, No. 22-1820 (4th Cir. 2022).
• Appointed as class counsel for claims brought under the Fair Debt Collection Act. Dutcher v. NewRez LLC, No. 21-2062 (E.D. Pa. 2022).
• Brought data privacy claims against Microsoft. Russo v. Microsoft, No. 4:20-cv-04818 (N.D. Cal. 2022).
• Developed and litigated first of its kind TCPA class action against intermediate telecom providers. Mey v. All Access Telecom, Inc., No. 5:19-cv-237 (N.D.W. Va. 2019).
• Serves as counsel for Dr. Andrew Forrest. Forrest v. Facebook, No. 5:22-cv-3699 (N.D. Cal. 2022).
• Represents nationwide classes of consumers in claims brought under the Telephone Consumer Protection Act (TCPA), including Krakauer v. Dish Network and Vance v. DirecTV.
• Represented clients on appeal of medical malpractice claims in North Carolina state court.
• Represents a police officer in whistle blower and wrongful termination claims.

News & Insights

Community and Professional Activities

Board of Directors, Friends of the Cheat

Western Trial Lawyers Association

American Bar Association 

Panelist on Judicial Clerkships, Akron University School of Law

Counsel, Smith for West Virginia Governor 2020

West Virginia, American Associations for Justice