Ben represented consumers who claimed they were defrauded into purchasing eye examinations from supposedly "independent" optometrists who, the consumers alleged, were actually subject to extensive control by Walmart as part of a scheme by Walmart to sell more prescription eyewear. After a federal court dismissed the lawsuit, Ben appealed the decision to the United States Court of Appeal for the Ninth Circuit. Ben wrote the winning briefs that ultimately persuaded the Ninth Circuit to reverse the district court's decision and reinstate the lawsuit.