Ken has substantial litigation experience in complex commercial cases, property disputes, contractual disagreements, and wrongful death and personal injury cases. Ken took the lead on several cases and appeared on behalf of clients in court and mediation at every litigation stage. He strategically assembled crucial motions to dismiss, motions for summary judgment, and motions to exclude opposing experts. Victories on these motions have led to resolutions favorable to his clients, including the exclusion of opposing experts, winning claims on summary judgment, and multi-million dollar settlements in personal injury cases.
In his environmental practice, Ken has advised clients on issues related to hazardous waste disposal, pesticide use, and compliance with regulations associated with radioactive materials disposal. Ken assisted mining clients with the permit process and provided advice on various water quality issues. Rounding out this experience, Ken has provided litigation support on environmental cases in front of Federal Courts of Appeal for the Ninth and Tenth Circuits.
Ken attended the Sandra Day O’Connor College of Law at Arizona State University, where he graduated summa cum laude and was ranked second in his class. After graduating from law school, he achieved one of the top three scores on the Arizona Uniform Bar Examination. In law school, Ken interned for the Honorable Kathleen M. O’Malley on the Court of Appeals for the Federal Circuit and the Honorable John J. Tuchi at the District Court of Arizona. Interning at both the Federal District Court and a Federal Circuit Court of Appeals, Ken gained valuable insight at both the trial and appellate level.
- Obtained a Proposed $15 Billion Settlement from Chemical Manufacturers in Tort Product Liability Suit
Kevin Neal and Ken Ralston were local counsel in a multi-district litigation that resulted in a $15 billion settlement. The firm represented the City of Tucson, Town of Marana, and City of Mesa, in a groundwater contamination and tort products liability case against multiple chemical manufacturers, including 3M Company, in City of Tucson, et al. v. 3M Company, et al. The terms of the proposed settlement are being reviewed by the court and pending approval.
- Obtained Favorable Result from U.S. Supreme Court in Whistleblower’s False Claims Act Case
Kevin Neal and Ken Ralston obtained a major victory before the U.S. Supreme Court in Olhausen v. Arriva Medical, LLC, U.S. Kevin and Ken represent a former employer of Arriva Medical who brought suit alleging that Arriva, Abbott Laboratories, and Alere were defrauding the government by submitting false claims to Medicare, resulting in Medicare paying the companies upwards of $100 million. The trial judge dismissed the case and the Court of Appeals affirmed. But, in a major victory for whistleblowers, the Supreme Court reversed and remanded the case to the Eleventh Circuit.
- Obtained record-setting $85M settlement for State of Arizona in consumer fraud case against Google.
Gallagher & Kennedy attorneys Kevin D. Neal and Kenneth N. Ralston successfully represented the State of Arizona and the Arizona Attorney General’s Office in the lawsuit against Google for deceptive and unfair practices involving user location data. Lead counsel Kevin Neal and senior associate Ken Ralston obtained the $85 million settlement – the largest amount per capita the internet giant has paid in a privacy lawsuit of its kind – from Google to settle claims brought against the company under the Arizona Consumer Fraud Act in State of Arizona v. Google.
Honors & Awards
- Best Lawyers in America® Ones To Watch, Commercial Litigation, 2024; Personal Injury Litigation – Plaintiffs, 2024
- Best Lawyers in America® 2024 Recognizes 52 Gallagher & Kennedy Attorneys, August 21, 2023
- Google to Pay Record-Setting $85,000,000 Settlement to the State of Arizona in Consumer Fraud Case, October 4, 2022
- Gallagher & Kennedy Expands with Hiring of Four Talented New Attorneys, November 9, 2017
Patent Agent, September 2014