Benjamin J. Naylor

BENJAMIN J. NAYLOR / Partner

ben@burnsbarton.com
Direct Line: 602-753-4507
2201 E. Camelback Road Suite 360
Phoenix, AZ 85016

Professional Experience
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

Bar Admissions
Arizona, 2005
Illinois, 2010
Iowa, 2013 (inactive)
Connecticut, 2019

Court Admissions
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, Connecticut, Illinois and Iowa

Professional Recognition
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)

Recent Successes
◦ Successfully defeating a six-count employment lawsuit against our client’s medical practice in Arizona Superior Court.
◦ Successfully defeating a nine-count California employment lawsuit, including FEHA and misclassification claims U.S. District Court for the Central District of California.
◦ 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.
◦ Obtaining a defense verdict in a Section 1981 and workers’ compensation retaliation lawsuit in the U.S. District Court for the District of Connecticut.
◦ Successfully defeating class certification and obtaining dismissal of two national wage and hour collective actions, filed in federal and state courts in Arizona.
◦ Successfully dismissing an ADA disability and retaliation lawsuit on summary judgment, and affirming that decision in the Ninth Circuit Court of Appeals.
◦ Successfully dismissing an ADA, Title VII and tort lawsuit on summary judgment in the U.S. District Court for the District of Arizona.
◦ 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.
◦ Successfully dismissing a race harassment and retaliation lawsuit on summary judgment in the U.S. District Court for the Southern District of Texas.
◦ Successfully dismissing an employee’s Section 301 LMRA claim in district court, and affirming that decision in the Ninth Circuit Court of Appeals.
◦ Successfully dismissing a Title VII sex discrimination and retaliation lawsuit on summary judgment in the U.S. District Court for the District of Arizona.
◦ Successfully defeating a motion for a preliminary injunction against former employees who started a new competing company.