J. Benjamin Nevius
An experienced civil litigator who practices in Fox Rothschild’s Exton office, Ben represents individuals, families, physicians, lenders and businesses - from family-run operations to multinational corporations - in state and federal court. He handles a wide range of litigation matters, including commercial, shareholder, intellectual property, construction, contract, class action, collection and insurance-related disputes.
Ben has tried multiple jury and non-jury cases to verdict as first chair and has represented clients in dozens of arbitration hearings, mediations and settlement conferences.
In addition to representing private clients, Ben works closely with the firm’s Education Law Group, providing general solicitation services to public school districts. In this capacity, Ben drafts and negotiates agreements, advises on issues involving Pennsylvania’s Right to Know and Sunshine Laws, drafts resolutions and policies, litigates construction disputes and represents districts in matters involving truancy, tuition and First Amendment rights. He represents multiple school districts in tax assessment matters and was appointed as special counsel to a local assessment appeal board in a tax immunity dispute having widespread implications for school districts and municipalities throughout the Commonwealth.
Ben has also represented numerous clients before Pennsylvania’s intermediate level appellate courts. Among his achievements, he successfully appealed a client conviction relating to the operation of a motor vehicle under the influence of a controlled substance.
In addition to his litigation representations, Ben also assists financial services companies in obtaining necessary court approvals of business transactions, including petitions for assignment of lottery prizes and structured settlement payments. He also has experience drafting and negotiating contracts and counseling clients on how best to identify, mitigate and avoid risk.
Representative matters Ben had handled in the past three years include:
- Obtained a $300,000 verdict for a family-owned business with respect to a decade of overbilling for municipal water and sewer service.
- Obtained dismissal of an action filed in New York state court against a large supermarket retailer arising from a multimillion-dollar commercial lease dispute.
- Obtained summary judgment in favor of medical practice in an insurance coverage dispute arising from a wrongful death action.
- Obtained injunctive relief in favor of a medical practice to enforce the terms of a restrictive covenant provision in an employment agreement.
- Obtained dismissal of a million-dollar federal court case filed against the family of a well-known retired sports icon.
- Mediated and successfully negotiated a release of all claims against a family-owned business in a $500,000 construction defect case filed in the U.S. District Court for the Central District of California in exchange for a nominal settlement payment.
- Obtained dismissal of a statutory assessment appeal with respect to a multimillion-dollar commercial property.
- Represented public school districts in dozens of tax assessment matters, saving the districts hundreds of thousands of dollars annually in critical tax revenue.
- Obtained hundreds of thousands of dollars for personal injury clients relative to third-party and first-party claims.
Before Fox Rothschild
Prior to joining the firm, Benjamin was a trial attorney with Hendrzak & Lloyd, a law firm that serves the legal needs of the insureds of the Zurich Insurance Group throughout the Northeastern and Central Pennsylvania areas. Prior to his employment with Zurich, Benjamin gained significant experience in insurance-related matters while working for regional insurance defense firm, Swartz Campbell LLC.
Following law school, Benjamin was a judicial law clerk for the Hon. Jeffrey L. Schmehl, President Judge of the Berks County Court of Common Pleas.
Beyond Fox RothschildBen is a member of the Greater Reading Chamber of Commerce, where he serves on the Chamber’s Community Task Force, as well as the Exton Region Chamber of Commerce and the Reading Liederkranz German interest club. He is active in the Berks County music scene and enjoys playing guitar and piano.
Honors and Awards
• Included in a list of Pennsylvania Rising Stars (2012)