J. BenjaminAguiñaga (Ben)

Associate

Dallas + 1.214.969.3655

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Ben Aguiñaga's practice focuses on constitutional, appellate, and complex civil matters before litigation begins and through appeal.

Before clients enter litigation, Ben helps them assess litigation risk, regulatory compliance, and potential constitutional and legal challenges. For clients in trial court, Ben drafts dispositive motions and motions for injunctive relief designed to deliver complete and early victories for clients in high-stakes matters. And for clients whose cases are on appeal, Ben has a deep appellate practice through which he has drafted briefs in numerous federal and state appellate courts and has argued cases before the Fifth, Sixth, and Seventh Circuits.

Before joining Jones Day, Ben served three clerkships, including to Justice Samuel A. Alito Jr. of the United States Supreme Court. He also served as the chief of staff of the Civil Rights Division of the United States Department of Justice (DOJ), where he helped manage Division affairs and facilitate communication with DOJ leadership, other agency officials, and external stakeholders.

Between law school and his first clerkship, Ben served on the United States Senate Judiciary Committee, where he worked with Senator Ted Cruz's chief counsel and judiciary staff.

Ben won several moot court competitions and best brief/best oralist awards while in law school. Through his law school's legal clinic, he also argued before the Louisiana Supreme Court in a pro bono matter and obtained reversal on ex post facto clause issues.

Experience

  • Members of Congress' amicus brief influences U.S. Supreme Court unanimous decision vindicating property rights of elderly widowJones Day filed an amici brief in the U.S. Supreme Court, on behalf of U.S. Congressman Tom Emmer—the House Majority Whip—and three other members of Minnesota's congressional delegation, in support of Geraldine Tyler, a 94-year-old Minnesotan whose $40,000 home was taken by a Minnesota County to satisfy a $15,000 tax debt.
  • National Association of REALTORS® files Supreme Court amicus brief in takings caseJones Day filed an amici curiae brief in the Supreme Court on behalf of the real estate industry in a Takings Clause case challenging Minnesota's tax-foreclosure law, which allows the government to seize a homeowner's property to satisfy a government debt and keep any surplus from the sale in excess of the debt owed as a windfall.
  • U.S. Chamber of Commerce files amicus brief challenging Consumer Product Safety Commission ruleJones Day filed an amicus brief in the D.C. Circuit on behalf of the U.S. Chamber of Commerce in a case challenging the Consumer Product Safety Commission's recent mandatory rule regarding custom window coverings.
  • American Airlines wins dismissal of Helms-Burton Act lawsuit alleging unlawful use of Havana's international airportJones Day successfully defended American Airlines against a "trafficking" claim brought under the Helms-Burton Act.
  • Med-Trans defeats class certification concerning air ambulance billingJones Day obtained complete denial of class certification in a putative consumer class action brought against Global Medical Response, Inc. subsidiary Med-Trans Corporation ("Med-Trans"), which is part of a network of life-saving emergency air transport carriers.
  • Consumer organization successfully challenges structure of Consumer Product Safety CommissionJones Day successfully represented a consumer organization in a constitutional challenge to the structure of the Consumer Product Safety Commission.
  • Prisoner obtains significant precedential victory in Seventh Circuit appealJones Day obtained a significant victory for a pro bono client in a Seventh Circuit appeal, resulting in a precedential decision.
  • U.S. Senator Mitch McConnell files amicus brief in Free-Speech caseJones Day filed an amicus brief in the U.S. Supreme Court, on behalf of U.S. Senator Mitch McConnell, in support of appellees in an important free-speech case.
  • Coalition of hospitals and patients obtain Eleventh Circuit decision unsealing documentsOn behalf of a coalition of hospitals and patients that are challenging a fundamental change in the way donated organs are allocated, Jones Day obtained an Eleventh Circuit decision unsealing certain documents related to the litigation.
  • Employer challenges OSHA under nondelegation doctrineJones Day represents Allstates Refractory Contractors, LLC in challenging the United States Occupational Safety and Health Administration's (OSHA) statute as a violation of the nondelegation doctrine.
  • Jones Day secures Supreme Court decision for property owners blocking CDC eviction moratoriumJones Day successfully represented property owners challenging the Centers for Disease Control and Prevention's (CDC) nationwide moratorium on evictions.
  • Prisoner obtains significant victory in Sixth Circuit appealJones Day obtained a significant victory for pro bono client Walter Himmelreich in a Sixth Circuit appeal.
  • State and national political party committees defend election statute in Pennsylvania Supreme CourtJones Day represented state and national political party committees that intervened to defend a Pennsylvania election administration statute.
    • View All

    July 2022 Alert

    Jones Day Wins Dismissal of Helms-Burton Act Lawsuit Alleging Unlawful Use of Havana's International Airport

    October 2021 Commentary

    New York Court of Appeals Rejects Consent-By-Registration Rule for Personal Jurisdiction

    May 2021 Video

    Ben Aguinaga on Jones Day’s Collaborative Culture

    May 2021 Alert

    U.S. Supreme Court Delivers Procedural Win to Corporate Defendants in Climate Change Litigation

    August 2020 Alert

    Helms-Burton Act Lawsuit Dismissed for Lack of Article III Standing

    April 2020 Alert

    Fourth Circuit Holds That Climate Change Lawsuit Belongs in State Court

    January 2020 Alert

    Ninth Circuit Dismisses Major Climate Change Lawsuit Against the Federal Government

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