Benjamin L. McArthur

Ben is a Shareholder in Maynard Nexsen’s Huntsville office and a member of the Firm's Litigation Section. He is an experienced litigator and trial attorney, having defended numerous companies and professionals operating in a broad range of business sectors and industries.

With a diverse and expansive litigation practice, Ben represents clients involved in complex business disputes, real estate litigation and intellectual property matters in state and federal courts and before arbitration panels. He also has experience defending doctors and other healthcare providers in medical malpractice lawsuits, as well as drug and medical device manufacturers in product liability cases.

For nearly a decade, a significant portion of Ben's practice has revolved around the representation of landowners, developers, and financial institutions in commercial matters involving transactions, land ownership disputes, and property tax appeals. Ben's talents in this area have earned him inclusion in The Best Lawyers in America© in the area of Real Estate Litigation.

Ben is frequently engaged to represent his clients in matters involving intellectual property issues, including copyright, trademark, and trade dress infringement claims. He prosecutes and defends trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board, as well as handles domain name disputes under the Uniform Domain Name Dispute Resolution Policy. Ben also works with clients to protect their intellectual property and trade secrets, both during and after employment, often involving representing business clients in trade secret and non-compete cases.

In addition to inclusion in Best Lawyers, Ben has been recognized for several years by Super Lawyers as a "Rising Star" in Business Litigation.

Community & Professional

• American Bar Association
• Alabama Defense Lawyers Association
• Defense Research Institute
• Huntsville Hospital Foundation Development Council
• Huntsville-Madison County Pro Bono Task Force
• Huntsville-Madison County Volunteer Lawyers Program

Clanton v. Muirfield Holdings Limited, __ So. 3d __ (Ala. Civ. App. Aug. 15, 2008) Obtained dismissal of claims relating to marble quarry in Lauderdale County; affirmed by Alabama Court of Civil Appeals without opinion; writ denied by the Alabama Supreme Court and United States Supreme Court.

Harris v. Health Care Authority for the City of Huntsville, 6 So. 3d 468 (Ala. 2008) Obtained summary judgment for physician; affirmed by the Supreme Court of Alabama.

Rutherford v. University of Alabama Health Services Foundation, et al. In this medical negligence suit, plaintiff alleged breach of the standards of care related to (a) the use of chemotherapy for a prostate cancer patient, (b) the administration of certain drugs prescribed in connection with the chemo, and (c) the diagnosis and treatment of an infection that ultimately led to the demise of the patient. After a week-long trial, a Birmingham jury returned a verdict in favor of our clients on March 11, 2011.DISTINCTIONS

Recognition

• Listed in Best Lawyers in America® for Litigation: Real Estate and Personal Injury Litigation: Defendants (2018 - Present)
• Mid-South Super Lawyers "Rising Star" in Business Litigation (2016)
• Alabama Super Lawyers "Rising Star" in Business Litigation (2014–2015)