Dustin Benham dbenham@leebrownlaw.com
Dustin Benham is currently serving as a visiting professor of law at Baylor Law School. He continues to consult with the Brown Law Firm in an of-counsel capacity.
Mr. Benham has represented clients in trial courts around the state, the Dallas Court of Appeals, the Texas Supreme Court, the United States Court of Appeals for the Fifth and Eighth Circuits, and the United States Supreme Court. He successfully represented the plaintiffs as part of the appellate team in Burry v. General Motors, 203 S.W.3d 514 (Tex. App. – Fort Worth 2006, pet. denied). As a result of the team’s work, the Texas Supreme Court declined review of an $18 million judgment. Mr. Benham also served as second chair and briefing attorney on two successful Petitions for Writ of Certiorari in the United States Supreme Court. In both instances, the constitutionality of a lengthy criminal sentence was at issue. As a result of the petitions, the Supreme Court reversed the Eighth Circuit Court of Appeals twice. Spears v. United States, 128 S. Ct. 858, 552 U.S. ____ (January 7, 2008) (granted, vacated, remanded); Spears v. United States II, 2009 WL 129044, 555 U.S. ___ (2009). And he was a co-author of the Brief Amici Curiae of the Federal Public and Community Defenders in Support of Petitioner in another recent United States Supreme Court case -- Kimbrough v. United States, 128 S. Ct. 558, 552 U.S. ___ (2007).
Mr. Benham earned his Bachelor of Arts degree in Philosophy and English, summa cum laude, from Texas Tech University. He received his Juris Doctor, cum laude, from Baylor Law School. While at Baylor, Mr. Benham was appointed to the Baylor Law Review where he served as an Articles Editor, Technology Editor, and Senior Executive Editor. Mr. Benham was a member of the Baylor National Interscholastic Moot Court Team and won the Brian J. Serr Award for Excellence in Appellate Advocacy. During law school, Mr. Benham served as an extern for the Honorable Walter S. Smith Jr., Chief District Judge, United States District Court for the Western District of Texas.
Mr. Benham is admitted to practice in Texas, the United States District Court for the Northern District of Texas, and the United States Court of Appeals for the Fifth Circuit. He is a member of the Texas Trial Lawyers Association and the Dallas Trial Lawyers Association. He is a former co-chair of the Animal Welfare Committee of the Dallas Association of Young Lawyers.
Published Opinions
- Spears v. United States II, 2009 WL 129044, 555 U.S. ___ (2009).
- Irving Holdings, Inc. v. Herman Brown, 2009 WL 18713, ____ S.W.3d ____ (Tex. App. – Dallas 2009, no pet. hist.).
Publications
- Co-Author, Personal Torts Survey, 61 SMU L. Rev. 1013 (2008).
- Co-Author, How to NOT Mess Your Case Up for Appeal, State Bar Advanced Personal Injury CLE (August 2008).
- Contributing Author, Perfecting the Appeal - State and Federal, State Bar of Texas Advanced Appellate Course (Sept. 2007).
- Co-Author, Brief Amici Curiae of the Federal Public and Community Defenders and the National Association of Federal Defenders in Support of Petitioner, Kimbrough v. United States, 128 S. Ct. 558, 552 U.S. ___ (2007).
- Co-Author, Forum Selection Clauses in Texas, Dallas Bar Association (Aug. 2007).
- Metajustification: The Problem of Infinite Regress, 46 Dialogue 81 (2004).