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 antitrust matters, consumer class actions, appellate litigation, product safety litigation, data privacy issues, environmental justice, Title IX discrimination, employment disputes, and representing elected officials.

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.

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 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).

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).

Ben is a member of the board of directors of Friends of the Cheat, a non-profit organization dedicated to restoring 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.