Morris, Manning & Martin, LLP

Ben Vitale is an associate in the firm’s Litigation Practice. He focuses his practice on complex civil and commercial litigation in state and federal court.  He regularly handles insurance and reinsurance, real estate, and contractual and tort based business disputes and defends class action, products liability, personal injury, and lender liability claims.

Mr. Vitale regularly serves as the lead associate on matters, including multiple RICO, fraud, and breach of contract class actions; multi-jurisdiction lender liability claims brought by the international investors in a failed commercial construction project; and the defense of a wide array of personal injury and products liability lawsuits. He has extensive experience in all aspects of civil litigation, including depositions and discovery, motions practice, settlement negotiations, arbitration, mediation and trial.

Mr. Vitale is active both within the firm and in the community. He serves on the firm’s Associate’s Council and participates actively in representing pro bono clients in resolving a broad array of disputes.

Recent Experience

• Successfully obtained summary judgment in favor of an automobile insurance company and its affiliates in a putative class action involving breach of contract and fraud based allegations.
• Acted as national coordinating counsel for a leading Fortune 500 manufacturer of automotive component parts in connection with hundreds of products liability lawsuits throughout North America.  Implemented and maintained a consistent and effective defense strategy and preserved the confidential and trade secret nature of design and manufacturing materials sought in the discovery process.
• Secured the favorable resolution and dismissal of multiple lawsuits seeking damages for alleged bed-bug infestations in New York City and throughout the Southeast on behalf of a household goods manufacturer and a retailer. 

Honors and Affiliations

Named, 2010 Rising Star in Atlanta magazine

Newsletters

• Eighth Circuit Court of Appeals Upholds Summary Judgment in Favor of Insurer Regarding Long Term Care Insurance Rate Increases
• Winter 2009: Insurance Reinsurance Managed Healthcare Review
• New York Appeals Court Defines “Claim” Within a Claims-Made Insurance Policy
• Winter 2008: Insurance Reinsurance Managed Healthcare Review
• Supreme Court of Arizona Defines Scope of Common Title Insurance Exclusions