Direct Line: 602-753-4507
45 W. Jefferson, 11th Floor
Phoenix, AZ 85003
Ben Naylor is an experienced litigator and trusted advisor to his clients, which include employers of all shapes and sizes, from two-person startups to Fortune 100 companies. Ben’s goal is to provide simple, practical advice to keep his clients compliant and out of the courtroom. If litigation is unavoidable, Ben has a track-record of proven success by litigating cases efficiently and effectively.
Education and Honors
University of Iowa College of Law (J.D., with distinction, 2005)
• Journal of Corporation Law (2003-2004)
University of Iowa (B.A., with distinction, 2002)
• Phi Beta Kappa Society
Iowa, 2013 (inactive)
U.S. Court of Appeals, 7th Circuit
U.S. Court of Appeals, 9th Circuit
U.S. District Court, District of Arizona
U.S. District Court, Northern District of Illinois (Trial Bar Member)
U.S. District Court, Central District of Illinois
Supreme Courts of Arizona, Illinois and Iowa
Achieved AV® Preeminent™ Peer Review Rating by Martindale-Hubbell®
Selected for inclusion in Southwest Super Lawyers®– (Employment Litigation)
Selected for inclusion in Illinois Super Lawyers®– Rising Stars Edition (Employment & Labor)
◦ Successfully defeating a six-count employment lawsuit against our client’s medical practice in Arizona Superior Court, Mohave County. See Loretta Cote v. Dr. James A. Tammaro M.D., P.C., et al., No. CV-2016-07045 (2017).
◦ Successfully defeating a nine-count California employment lawsuit, including FEHA and misclassification claims U.S. District Court for the Central District of California. See Banuelos v. UPS Ground Freight, Inc., No. 2:15-cv-02408-PA-AJW (C.D. Cal. 2016)
◦ Obtaining a defense judgment (bench trial) in a California Fair Employment Housing Act lawsuit alleging disability discrimination, failure to engage and failure to accommodate claims in the U.S District Court for the Eastern District of California. See Marshall Gregory v. United Parcel Service, Inc., No. 1:13-cv-02070-SMS (E.D. Cal. 2015).
◦ Obtaining a defense verdict in a Section 1981 and workers’ compensation retaliation lawsuit in the U.S. District Court for the District of Connecticut. See Fritz St. Ange v. ASML US, Inc., No. 3:10-CV-00079-WWE (D. Conn. 2014).
◦ Successfully defeating class certification and obtaining dismissal of two national wage and hour collective actions, filed in federal and state courts in Arizona. See Corbin, et al. v. GoDaddy.com, Inc., Nos.: 2:10-cv-01313-PHX-SMM (D. Ariz) and CV2010-016149; and Corbin, et al. v. The Go Daddy Group, Inc., Nos. 2:12-CV-00370-PHX-SRB (D. Ariz) and CV2012-050544.
◦ Successfully dismissing an ADA disability and retaliation lawsuit on summary judgment, and affirming that decision in the Ninth Circuit Court of Appeals. See Villone v. United Parcel Service, Inc., No. CV-09-8213-PHX-LOA, 2011 WL 4402954 (D. Ariz. Sept. 22, 2011); aff’d sub nom. No. 11-17418, 2013 WL 5496536 (9th Cir. Oct. 4, 2013).
◦ Successfully dismissing an ADA, Title VII and tort lawsuit on summary judgment in the U.S. District Court for the District of Arizona. See Murphy v. Sebit, LLC, No. CV12-01509-PHX-FJM, 2013 WL 3231458 (D. Ariz. June 26, 2013).
◦ Successfully appealing removal of wage and hour class action under Class Action Fairness Act before the Seventh Circuit Court of Appeals, then obtaining dismissal of the lawsuit. Blomberg v. Serv. Corp. Int’l, No. 10-C-8026-SJC (N.D. Ill.), rev’d 639 F.3d 761 (7th Cir. 2011).
◦ Successfully dismissing a race harassment and retaliation lawsuit on summary judgment in the U.S. District Court for the Southern District of Texas. See Jimerson v. Garrett Aviation Servs., LLC, No. CIV.A. H-09-0790, 2010 WL 5067692 (S.D. Tex. Dec. 6, 2010).
◦ Successfully dismissing an employee’s Section 301 LMRA claim in district court, and affirming that decision in the Ninth Circuit Court of Appeals. See Granillo v. United Parcel Serv., Inc., No. 4:08-cv-00398-TUC-JMR, aff’d 363 F. App’x 453 (9th Cir. 2010).
◦ Successfully dismissing a Title VII sex discrimination and retaliation lawsuit on summary judgment in the U.S. District Court for the District of Arizona. See Gil v. JPMorgan Chase Bank, N.A., No. CIV 07-0181-PHX-SMM, 2009 WL 1628876 (D. Ariz. June 10, 2009).
◦ Successfully defeating a motion for a preliminary injunction against former employees who started a new competing company. See Apex Media Sales, LLC v. AOR Direct, LLC, et al., No. CV2008-001403 (2008).