Litigation Practice
The Litigation section's philosophy is based upon one fundamental
idea: a client's litigation matter is best resolved if the
firm's attorneys are capable of successfully trying the case
and are willing to do so. The Litigation
section has found that this philosophy allows us to achieve
favorable outcomes and avoid unnecessary litigation costs.
We recognize there is no substitute for experience and training
in specialized fields of litigation, and our practice expertise
is concentrated in areas that include:
- business and commercial
litigation
- insurance claims defense and coverage litigation
- construction litigation
- appellate practice in state and federal courts
- labor and employment
- governmental liability
The firm's attorneys are also thoroughly experienced in
all forms of alternative dispute resolution, including mediations
and arbitrations.
- Business/Commercial
Our business and commercial litigation practice includes
representation in consumer law, real estate law,
fraud claims and libel/slander
actions, as well as cases involving deceptive trade
practices, unfair competition and trade secrets.
- Insurance
Defense litigation for insurance companies comprises one
of the largest areas of our litigation practice.
We represent insurance
companies and their insureds in cases involving products
and
premise liability, auto transportation, wrongful
death/survival, violations of the Texas Deceptive Trade
Practices Act,
breach of contract, bad faith and malicious prosecution. We also
represent property insurers and their insureds and
are experienced in
the investigation of claims, isolation of relevant
coverage issues,
and analysis of economic and property losses. In
addition, we provide representation in the prosecution
of subrogation
claims.
- Premise Liability
In the area of premise liability, we focus on the
defense of restaurant owners, homeowners, as
well as owners, lessors
and sub-lessors of condominiums, apartment
complexes, retail properties and other businesses.
- Trucking/Transportation
Miller & Brown counsels clients on state and federal
regulations governing intra-state and interstate
trucking and transportation.
- Products Liability
In addition to defending general negligence claims,
our attorneys have broad experience defending
products liability
suits
throughout Texas. Miller & Brown represents
manufacturers, distributors,
suppliers and retailers of various products,
including industrial machinery, farm equipment, aircraft
and household goods – with
considerable experience in toxic tort litigation.
- Construction
Miller & Brown has traditionally defended architects and
engineers in litigation involving claims
of professional liability. The
firm's experienced attorneys have represented
builders, contractors, subcontractors, owners, and lenders in complex
construction
litigation. We also provide advisory
opinions to those
engaged in virtually all aspects of the construction
arena.
- Appellate
A jury's verdict, or the ruling of a trial judge, does not
always mark the end of a dispute. The appeal
process — making sure the law and the evidence
support the ultimate outcome of the case — is often
a critical step in protecting the client's right to a correct
judgment.
Our attorneys are comfortable with whatever role
best suits the client's needs, ranging from brief consultation
with trial counsel to working
as part of a multi-firm team of lawyers to independent pursuit of
a complete appeal. They practice in
all Texas courts and in a variety of federal courts across
the country. The firm handles appeals in cases conducted by the firm’s litigation practice; assists the firm’s trial attorneys with discovery issues, dispositive motions, jury instructions, and post-trial motions; monitors trials and appeals; and helps with post-trial mediation and other settlement activities.
handling appeals in cases conducted by the firm's litigation
practice
assisting the firm's trial attorneys with discovery
issues, dispositive motions, jury instructions, and
post-trial motions
monitoring trials and appeals
helping with post-trial mediation
and other settlement activities
- Labor and employment
Miller & Brown offers our clients expertise in mediating,
arbitrating, and litigating the defense of employer and/or
employee charges
and suits involving a wide range of matters including:
- Race
and sex discrimination claims
- Sexual harassment claims
- Age discrimination claims
- Disability discrimination claims
- Family and medical leave claims
- Defamation claims
- Wrongful discharge claims
- Claims asserting violations of various
other federal and state employment related and civil
rights statutes
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