Benjamin T. Kurtz

Partner Litigation

Chicago +1 312 862 7145

Benjamin T. Kurtz

Overview

Ben Kurtz is a litigation partner whose diverse practice in federal and state courts focuses on the preparation and trial of complex civil cases involving a broad range of business and commercial issues across several industries. Ben has broad experience in all aspects of litigation and has handled hearings and trials across the United States involving breach of contract, fraud, breach of fiduciary duty, tortious interference with business, conspiracy, civil RICO, real estate disputes, class actions, products liability, and complex shareholder and partnership disputes. 

Ben has also advised and successfully represented many private equity clients and their portfolio companies in various disputes, spanning earn-out and valuation litigation, shareholder disputes, and indemnification litigation. In recent years, Ben has served as lead counsel for several of these private equity clients in Rep & Warranty insurance claims and achieved multiple seven and eight figure payouts.

Ben also devotes significant time to community service. Since 2012, he has led Kirkland’s participation in the Chicago Bar Association’s Lawyers in the Classroom program, motivating dozens of Kirkland attorneys to volunteer their time teaching civics lessons to students at Chicago public schools several time each year.

Commercial Litigation Matters

  • Abracon Acquisition Co., LLC. v. DBCP Holdings I, Inc., et al. — Delaware Court of Chancery: Co-lead counsel for plaintiff and its parent company in lawsuit arising from fraudulent sale of global electronics manufacturing business. Achieved eight figure recovery from company’s founders and insurers.
  • Ambac Assurance Corp. v. MHPI Projects — Achieved complete victory for privatized military housing projects against bond insurer claims that projects must pay $220 million for breach of loan agreements. During three years of litigation, won every substantive battle, including three summary judgments on the ultimate merits, three preliminary injunctions and multiple motions to compel. Bond insurer ultimately agreed to a settlement that involved a release of the projects from the $220 million breach claim, a substantial cash payment that more than covered the military housing projects’ legal and expert costs, and substantial modifications that reduced bond insurer’s consent rights on a going-forward basis.
  • Dow Chemical Canada ULC v. Nova Chemicals Corporation — Counsel for The Dow Chemical Company in litigation brought by two subsidiaries against the operator and co-owner of an ethylene manufacturing facility in Alberta. Won eight-month trial, resulting in a ten-figure damages award for Dow.
  • Unitel Technologies, Inc. v. Oberon Fuels, Inc. — Northern District of Illinois: Lead counsel for engineering and technology company prosecuting breach of contract claims. Case successfully settled.
  • Stewart, et al. v. BF Bolthouse Holdco, LLC — Delaware Court of Chancery: Co-lead counsel for defendant food and beverage company, a Madison Dearborn Partners affiliate, in post-purchase dispute filed by former executives over share repurchase. Case successfully settled.

Torts and Products Liability

  • Shamrock-Shamrock, Inc. v. Landmark Apartment Trust, Inc., et al. — Circuit Court for Volusia County, Florida: Co-lead counsel for marina developer and Starwood Capital Group affiliate in lawsuit alleging tortious interference, unjust enrichment, and civil theft related to development of real property in Daytona Beach, Florida. Count granted motion to dismiss all claims.
  • Schoelwer v. Omega Flex, Inc. — Southern District of Ohio: Counsel for Omega Flex, a manufacturer of CSST flexible steel gas piping systems in putative product liability class action. Court granted motion to dismiss all claims.
  • Schlake v. Schaer, M.D., Gary, et al. — Circuit Court of Cook County, Illinois: Counsel for Baxter Healthcare in a products liability suit alleging a defective device caused cardiac arrest and death during experimental intracardiac stem cell injection procedure. Resulted in nuisance-value settlement before trial.
  • In re Hanford Nuclear Reservation — Eastern District of Washington: Counsel for DuPont, General Electric, and other defendants in several thousand personal injury lawsuits alleging cancers and other diseases due to Cold War era radiation emissions from the Hanford Nuclear Reservation in eastern Washington. All cases have settled following successful bellwether trials and voluntary and involuntary dismissals.
  • Hall, et al. v. Omega Flex, Inc. — Southern District of Florida: Counsel for Omega Flex, a manufacturer of CSST flexible steel gas piping systems in putative product liability class action. Court granted motion to dismiss all claims.
  • Calvert, et al. v. Illinois Funeral Directors Association, et al. — Circuit Court of Cook County, Illinois: Counsel for insurance company accused of fraud in connection with investment advice in Cook County, Illinois. Case successfully dismissed.

Restructuring

  • In re Chemtura — Southern District of New York: Counsel for debtor chemical company in complex reorganization and related adversary proceedings involving contract, tort and environmental liabilities. Won valuation trial and successfully dismissed or settled adversary proceedings, leading to successful reorganization.
  • In re Tropicana Entertainment — District of Delaware: Counsel for debtor Tropicana, a nationwide casino and resort business. Successfully defended Tropicana in trial of trustee motion brought by bondholders. Motion settled during trial without appointment of trustee.

Judicial ExternHonorable Morton Denlow, Magistrate JudgeUnited States District Court for the Northern District of Illinois

2008 PILI Fellow, Land of Lincoln Legal Assistance Foundation

More

Thought Leadership

Publications 

Supreme Court Upholds a Mandate of Death when the Jury is in Equipoise: Challenged Under the Apprendi Interpretation of the Sixth Amendment, 2008 U. Ill. L. Rev. 1071

Credentials

Admissions & Qualifications

  • 2008Illinois

Courts

  • United States District Court for the Northern District of Illinois

Education

  • University of Illinois College of LawJ.D.magna cum laude2008

    Articles Editor, University of Illinois Law Review

    Rickert Award for Excellence in Legal Writing

  • University of Illinois at Urbana-ChampaignB.A., Philosophy2004