Ben Gastel

Ben Gastel is a passionate litigator who fights for individuals, communities, and organizations in some of the most complex legal spaces out there. He’s built a dynamic national practice focused on mass torts, consumer protection, medical malpractice, and wrongful death cases—often stepping in when lives are upended and accountability matters most. Whether representing everyday consumers in class actions or standing up for families affected by negligence, Ben brings deep experience and serious energy to every case.

He also works closely with public utilities, handling everything from condemnations to property and territorial disputes in both federal and state courts. He’s argued before the Sixth Circuit Court of Appeals and the Tennessee Court of Appeals, and he’s no stranger to courtrooms across the country.

Ben’s impact goes beyond litigation. He’s become a trusted advisor in the world of state election law, guiding nonprofits, campaigns, and advocacy groups through the ins and outs of lobbying, campaign finance, and compliance. He currently sits on the boards of multiple nonprofits and helps mission-driven organizations stay on the right side of IRS rules when it comes to political and lobbying activities.

One of Ben’s most meaningful cases was his role in representing Tennessee’s counties, cities, and elected officials in numerous cases in Tennessee holding opioid manufacturers, distributors, and retailers responsible for the devastation caused by the country’s opioid crisis. Ben’s work lead to him, and several of his current partners, being named as part of the team that won the first ever group award for Trial Lawyer of the Year by Tennessee’s Trial Lawyer’s Association. The relief obtained allowed millions of dollars back into Tennessee to help abate the state’s opioid epidemic. 

Before returning to Tennessee, Ben practiced in Atlanta, where he represented utility and tech companies in litigation, transactions, and regulatory matters. 

He graduated summa cum laude from the University of Dayton and earned his law degree from Vanderbilt University.

These days, Ben lives in Franklin, Tennessee, with his wife and three kids. When he’s not in court, you’ll probably find him working in his garden, tending to his trees, or checking in on the bees.

Areas Of Practice

  • Mass torts
  • Class actions
  • Campaign finance
  • Non-profit 
  • Governmental entities

Education

  • Vanderbilt University Law School, J.D., 2007
  • University of Dayton, B.A., summa cum laude, 2004

Languages

  • English

Bar Admissions

  • Georgia, 2007
  • Tennessee, 2010
  • U.S. District Court Northern District of Georgia, 2008
  • Georgia Court of Appeals, 2008
  • Supreme Court of Georgia, 2010>
  • U.S. District Court Middle District of Tennessee, 2009
  • U.S. District Court Eastern District of Tennessee, 2008
  • U.S. District Court Western District of Tennessee, 2010
  • U.S. Court of Appeals 6th Circuit, 2012

Experience

  • Worked, along with many other lawyers, on behalf of victims in Tennessee and throughout the nation to hold New England Compounding Clinic, its vendors, affiliates and customers responsible for the tragic 2012 fungal meningitis outbreak in In re New England Compounding Pharmacy, Inc. Products Liability Litigation, MDL 2419 (D. Mass). This lead to the creation of settlement funds in excess of $200 million.
  • Successfully overturned a dismissal in an antitrust case involving a small telecommunications company, which led to a new Sixth Circuit law on what can constitute an unlawful tying arrangement for purposes of a establishing a federal antitrust violation. Cates v. Crystal Clear Techs., LLC, 874 F.3d 530, 532 (6th Cir. 2017).
  • Defended President Obama’s right to appear on the 2012 Ballot for President in Tennessee, and secured sanctions against the conspiracy theorists “birthers” falsely claiming that President Obama was not a “natural born” citizen entitled to hold the Office of the President of the United States. Liberty Legal Found. v. Democratic Nat. Comm., No. 12-2143-STA, 2012 WL 6026856, at *1 (W.D. Tenn. Dec. 4, 2012), aff’d sub nom. Liberty Legal Found. v. Nat’l Democratic Party, 575 F. App’x 662 (6th Cir. 2014).
  • Obtained summary judgment on behalf of a rural water supplier to serve industrial customers in a disputed service territory, which established rural water providers’ rights to continue to serve customers, even if a territory is annexed by a larger provider. City of Cowan, Tenn. v. City of Winchester, Tenn., 121 F. Supp. 3d 795 (E.D. Tenn. 2015)

Professional Honors and Activities

  • Tennessee Trial Lawyers Association
  • American Association for Justice
  • Tennessee Bar Association
  • Georgia Bar Association