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Brian C. Miller

Attorney Profile

Top Rated Appellate Attorney in Corpus Christi, TX

Royston, Rayzor, Vickery & Williams, LLP
802 North Carancahua Street, Suite 1300
Corpus Christi, TX 78401
Phone: 361-884-8808
Fax: 361-884-7261
Selected to Super Lawyers: 2014 - 2021
Selected to Rising Stars: 2011 - 2013
Licensed in Texas Since: 1997
Practice Areas: Appellate (60%), Business Litigation (10%), Civil Rights (10%), Employment Litigation: Defense (10%), Personal Injury - General: Defense (10%)
Attorney Profile

Brian Miller is a board-certified civil appellate lawyer and a partner at Royston Rayzor. He focuses on appeals and complex motions in a variety of civil litigation cases, including personal injury, employment, civil rights, construction, and commercial cases. He has participated in over 100 appeals, several of which have resulted in important clarifications of Texas and federal law.

Mr. Miller is the Chair of the American Bar Association's Council of Appellate Lawyers. He has also served on the State Bar of Texas' board of directors, in the American Bar Association's House of Delegates, and on the executive board of the alumni association for his alma mater, the University of Texas School of Law.

Mr. Miller has served since 2017 on the State Bar's Pattern Jury Charge Oversight Committee, which coordinates, considers, and approves the standard jury instructions used in Texas courts. He has also served on the State Bar's Court Rules Committee, which proposes improvements to the procedural rules used in state courts. In addition, his peers selected him for fellowship in the Texas Bar Foundation and the American Bar Foundation, and he is a life fellow in both organizations.

Practice Areas
  • 60%Appellate
  • 10%Business Litigation
  • 10%Civil Rights
  • 10%Employment Litigation: Defense
  • 10%Personal Injury - General: Defense
Focus Areas

Appeals

Selections

8 Years Super Lawyers
3 Years Rising Stars
  • Super Lawyers: 2014 - 2021
  • Rising Stars: 2011 - 2013

About Brian C. Miller

First Admitted: 1997, Texas

Professional Webpage: https://www.roystonlaw.com/attorneys-72

Bar/Professional Activity

  • Member, Council of Appellate Lawyers (chair, 2020-2021, secretary, 2019-2020, executive board, 2017-present, and member, Appellate Judges Education Institute Planning Committee, 2010-2011, 2013-2014, 2016-present) (part of the American Bar Association's Judicial Division)
  • State Bar of Texas: Member, Board of Directors, 2014-2017
  • Member, Executive Committee, University of Texas School of Law Alumni Association (2016-present)
  • Pattern Jury Charge Oversight Committee, State Bar of Texas (member, 2017-present, advisor from State Bar board, 2016-2017)
  • Court Rules Committee of the State Bar of Texas (member, 2011-2014, advisor from State Bar board of directors, 2014-2016)
  • Member, American Bar Association House of Delegates (elected as young lawyer representative of the State Bar of Texas) (2009-2011)
  • Member, American Bar Association House of Delegates Committee on Issues of Concern to the Legal Profession (2010-2011)
  • Member, Joint Amicus Curiae Briefs Committee of the Judicial Division’s Lawyers Conference and Council of Appellate Lawyers, ABA's Judicial Division, 2013-present
  • Employment Law & Litigation Committee of the ABA Tort Trial & Insurance Practice Section (vice-chair, 2016-2021, member, 2014-present)
  • ABA, Chair, Tort Trial and Insurance Practice Section Appellate Advocacy Committee, 2013-2014 (chair-elect, 2012-2013, vice-chair, 2009-2012). Vice chair, Tort Trial and Insurance Practice Section Employment Law Committee, 2016-present
  • Member, College of the State Bar of Texas (2007-present)
  • Texas Young Lawyers Association, Member, Board of Directors, 2006-2008
  • Corpus Christi Bar Association
  • Corpus Christi Bar Young Lawyers Association, Vice-President, 2005-2006, 2008-2009
  • Corpus Christi Bar Young Lawyers Association, Secretary, 1999-2000, 2004-2005
  • Corpus Christi Bar Young Lawyers Association, Member, Board of Directors, 1999-2000, 2003-2009
  • State of Texas U.S. District Court, Southern District of Texas U.S. District Court, Eastern District of Texas U.S. District Court, Western District of Texas U.S. Court of Appeals, Fifth Circuit Registered patent attorney

Other Outstanding Achievements

  • Created and led implementation of Kids Law Library, which involved the donation of law-related children's books to an elementary school and a book report contest. This project won the American Bar Endowment Most Outstanding Public Service Project Award at the 2007 American Bar Association Annual Meeting.
  • Creator and co-organizer of initial (2005) Baseball with the Bench continuing legal education program, the main fundraiser for the Corpus Christi Young Lawyers Association for 10 years.
  • Member, Texas Democratic Party Platform Committee (2004 convention), Rules Committee (2006, 2008 conventions)

Pro bono/Community Service

  • Kids Law Library at Los Encinos Elementary School
  • University of Texas Law School Alumni Association
  • Member, State Bar of Texas Pro Bono College, 2002 - 2003, 2010
  • Coach, Upward Basketball leagues (elementary-school levels) in Portland, Texas, 2014-present
  • Coach, Gregory-Portland Soccer Association, Portland, Texas (2017-present)

Honors/Awards

  • Texas Edition of Super Lawyers, 2014
  • American Bar Endowment Outstanding Public Service Project Award at the 2007 ABA Annual Meeting
  • Texas Rising Stars Editions, Texas Edition, 2011 - 2013
  • Outstanding Young Lawyer, Corpus Christi Young Lawyers Association, 2009
  • Selected and inducted as Fellow (becoming Life Fellow in 2017), American Bar Foundation, 2014
  • Selected and inducted as Fellow (becoming Life Fellow in 2015), Texas Bar Foundation, 2007

Scholarly Lectures/Writings

  • Practical Legal Writing Both Inside and Outside the Courtroom, presentation with Audrey Vicknair to the Coastal Bend Women Lawyers Association, 2016
  • CAL program: Elite panel discusses "Blockbuster" opinions and future of the Supreme Court, article authored for the October issue of the ABA Council of Appellate Lawyers' Appellate Issues, 2018
  • Recent Developments in Appellate Advocacy, annual articles co-authored with other appellate lawyers for the Winter issues of Tort Trial & Insurance Practice Law Journal, 2013, 2015, and 2016
  • The Leap from E-Filing to E-Briefing: Recommendations and Options for Appellate Courts to Improve the Functionality and Readability of E-Briefs, member of ABA Council of Appellate Lawyers special committee that prepared 62-page report to advise appellate courts and lawyers of recommended practices and other considerations for transitioning from paper to electronic filings and records, 2016
  • Recent Developments in Employment Law and Litigation, article co-authored with Zascha Abbott, Brian Bank, Catalina De La Hoz, Scott Green, Meredith McDonald, and Elizabeth "Missy" Parry and published in the Winter issue of the Tort Trial & Insurance Practice Law Journal, 2018
  • Supreme Court to Consider Validity of Class-Action and Collective-Action Waivers in Employees' Arbitration Agreements, article co-authored with Joel de la Garza for the newsletter of the Employment Law and Litigation Committee of the American Bar Association's Tort Trial and Insurance Practice Section, 2017
  • Defending Civil Rights Litigation, presentation in Corpus Christi for the State Bar of Texas' Appellate Section and Government Law Section, 2017
  • Recent Developments in Appellate Advocacy, article co-authored with Andre Mura, Aaron Chastain, Joshua Lee, Kimberly Mello, Laura Bassini, and Catherine Chopin and published in the Winter issue of the Tort Trial & Insurance Practice Law Journal, 2016
  • Texas Supreme Court Update, presentation with Audrey Vicknair at the Corpus Christi Bar Association Advanced Personal Injury Trial Law Seminar, 2016
  • Protected Classes, presentation at the Coastal Bend Society for Human Resource Management's Employment Law Seminar, 2016
  • Fun with Jurisdiction and Venue: Recent Developments and Notable Nuances, paper and presentation for the Corpus Christi Bar Association Advanced Personal Injury Law Seminar, 2015
  • Recent Developments in Appellate Advocacy, article co-authored with Alex Valdes, Julianna Thomas McCabe, Kimberly Mello, Joshua D. Lee, and Andre Mura and published in the Winter issue of the Tort Trial & Insurance Practice Law Journal, 2015
  • Supreme Court Monitoring Subcommittee E-Newsletter, co-author of periodic newsletters (published by the American Bar Association’s Tort Trial and Insurance Practice Section) on Supreme Court cases of interest to tort, trial, and insurance practitioners, 2015
  • Religious Accommodation After EEOC v. Abercrombie & Fitch, authored for the Summer newsletter of the Employment Law & Litigation Committee of the ABA's Tort Trial & Insurance Practice Section, 2015
  • Damages Models in Employee Class and Collective Actions: Will Expediency or Accuracy Prevail?, authored for the Fall newsletter of the Employment Law & Litigation Committee of the ABA's Tort Trial & Insurance Practice Section, 2015
  • Immunity, article for and presented at the Corpus Christi Bar Association Personal Injury Trial Law Seminar, 2014
  • Crossing the Threshold: Statutory Expert Reports in Suits Against Professionals, authored for and presented at the Corpus Christi Bar Association Advanced Personal Injury Law Seminar, 2013
  • Recent Developments in Appellate Advocacy, article co-authored with Joshua D. Lee and Daniel Deutsch for the Winter issue of Tort Trial & Insurance Practice Law Journal, 2013
  • U.S. Supreme Court Update, authored for and presented at the Corpus Christi Bar Association Advanced Personal Injury Law Seminar, 2012
  • Some Points of Interest at the Intersection of Arbitration and the Appellate System, published in the Fall issue of ABA Tort Trial and Insurance Practice Section Appellate News, 2011
  • U.S. Supreme Court Update, presented to the Corpus Christi Bar Association, 2011
  • Prosecuting and Defending Motions to Compel Arbitration: What Works, What Won't, authored for and presented to the Corpus Christi Bar Association Advanced Personal Injury Law Seminar, 2011
  • Recent Developments in Property Owners' Association Law, presented to the Corpus Christi subchapter of the Community Associations Institute, 2010
  • Emerging Issues in Appellate Review of Batson Challenges, authored for the American Bar Association Annual Meeting, Tort Trial and Insurance Practice Section, 2010
  • Co-author of Employment Law Basics for New Employers, a 32-page guide published by the Texas Young Lawyers Association, 2008
  • Recent Developments in Insurance Coverage for Intellectual Property Infringement Claims, co-authored with Robert Lytle for the American Intellectual Property Law Association’s 2002 Spring Meeting and published in the February issue of the journal IP Litigator, 2003

Educational Background

  • Rice University, B.S. Chemical Engineering, B.A. (Economics), magna cum laude, 1994

Special Licenses/Certifications

  • Board Certified -- Civil Appellate Law, Texas Board of Legal Specialization, 2009
  • Licensed to practice in patent cases before the U.S. Patent and Trademark Office, 2002

Verdicts/Settlements

  • Garza v. Escobar, 972 F.3d 721 (5th Cir. 2020) (affirming dismissal, on the pleadings, of former Crime Victims Unit Coordinator's First Amendment retaliation claims against District Attorney that employed her), 2020
  • Pension Advisory Group Inc. v. Fidelity Security Life Insurance Company, 2020 WL 1181256 (Tex. App. - Corpus Christi Mar. 12, 2020, no pet.) (affirming summary judgment that dismissed insurance agent's defamation and civil-conspiracy claims against clients, an insurance company and its vice-president), 2020
  • Chow v. San Pedro, 2019 WL 4021908 (Tex. App. -- Houston [14th Dist.] Aug. 27, 2019, no pet. hist.) (Court of Appeals partially dismissed suit against client former executives of international business for lack of personal jurisdiction over dismissed claims; among other things, court agreed that general personal jurisdiction must be based on domicile at time of suit and not past residency in jurisdiction), 2019
  • Barrett v. Berry Contracting L.P., 2019 WL 4866041 (Tex. App. -- Corpus Christi Oct. 3, 2019, no pet. hist.) (affirming dismissal of claims against client engineering company, appellate court held that plaintiff could not remedy failure to comply with certificate-of-merit statute by attempting to file certificate with amended petition), 2019
  • Garza v. Escobar, 386 F.Supp.3d 794 (S.D. Tex. 2019), affirmed 972 F.3d 721 (5th Cir. 2020) (district court dismissed suit after concluding that a former employee's factual allegations did not state a plausible claim for First Amendment retaliation against clients district attorney and county), 2019
  • Nickerson v. Pineda, 2019 WL 2041774 (Tex. App. -- Corpus Christi May 9, 2019, pet. filed) (appellate court agreed that client backhoe operator, supplied to a city by client employment agency, was the city's borrowed servant and therefore entitled to statutory immunity available to governmental employees), 2019
  • City of Brownsville v. City of Port Isabel, 2018 WL 6629182 (Tex. App. -- Corpus Christi Dec. 19, 2018, no pet.) (appellate court held that trial court had jurisdiction to consider client city's challenge to neighboring city's annexation ordinances), 2018
  • In re Wood Group PSN Inc., 2018 WL 4760139 (Tex. App. -- San Antonio Oct. 3, 2018, orig. proceeding) (served as lead counsel for group of 22 defendants; appellate court granted mandamus relief, sought by defendants, to compel trial judge to dismiss county's road-damage claims against clients and 19 other defendants; appellate court concluded that neither frequent use of road nor county's conclusory allegations were sufficient to support a legal duty), 2018
  • Gutierrez v. Stewart Title Co., 550 S.W.3d 804 (Tex. App. -- Houston [14th Dist.] 2018, no pet.) (appellate court agreed that misrepresentation claims against title company were barred by limitations despite claimed discovery years after transaction) , 2018
  • Lumpkin v. Aransas County, 224 F.Supp.3d 513 (S.D. Tex. 2016), aff'd 712 Fed. Appx. 350 (5th Cir. 2017) (obtained - and sustained on appeal - summary judgment for defendant county in suit by former employees who claimed retaliation in violation of their free-speech rights), 2017
  • Hensel Phelps Inc. v. Royal American Services Inc., 2017 WL 4682181 (Tex. App. - Houston [1st Dist.] 2017, no pet.) (agreeing that third party's removal of protective piece did not arise out of subcontractor client's work, such that client was not liable to general contractor for indemnity), 2017
  • Young v. Heins, 2017 WL 2376828 (Tex. App. - Houston [1st Dist.] 2017, pet. denied) (obtained affirmance of summary judgment, establishing board member's statutory immunity defense, in suit by disgruntled homeowner against homeowners association and its management), 2017
  • Cox v. Nueces County, 154 F.Supp.3d 496 (S.D. Tex. 2015), aff'd 839 F.3d 418 (5th Cir. 2016) (concluding that res judicata barred First Amendment retaliation suit against county and its sheriff because plaintiffs could have raised constitutional claims in a later-filed but earlier-concluded suit for judicial review of an adverse ruling of county's civil service commission), 2016
  • Vasquez v. Legend Natural Gas III L.P., 492 S.W.3d 448 (Tex. App. - San Antonio 2016, pet. den.) (obtained affirmance of judgment dismissing wrongful-death suit, with Court of Appeals agreeing that oilfield-industry users of county road did not owe duty to repair road or warn of possible dust clouds on road), 2016
  • International Association of Drilling Contractors v. Orion Drilling Co., 512 S.W.3d 483 (Tex. App. - Houston [1st Dist.] 2016, pet. filed) (court rejected opponent's claims of a First Amendment privilege and a statutory privilege from disclosure of the identity of an individual who supplied defamatory material), 2016
  • Coastal Motorcars Ltd. v. Brown, 2015 WL 6651536 (Tex. App. - Corpus Christi 2015, no pet.) (obtained reversal of summary judgment against client automobile dealer in customer's suit alleging undisclosed defects in automobile), 2015
  • Kris William Builders Inc. v. Tranquility Lakes Owners Assn. Inc., 2015 WL 5770019 (Tex. App. -- Houston [1st Dist.] 2015, no pet.) (obtained affirmance of summary judgment in favor of client in building contractor's suit alleging breach of contracts for repair of hurricane damage), 2015
  • Elizondo v. Keppel Amfels L.L.C., 2015 WL 1976434 (S.D. Tex. 2015) (district-court opinion agreeing with our analysis of diversity-jurisdiction issue and concluding that limited liability company, notwithstanding office and executives in Texas, was foreign citizen entitled to remove suit to federal court), 2015
  • Gutierrez v. Irwinsky, 2015 WL 7288668 (S.D. Tex. 2015) (obtained dismissal, on pleadings, of excessive-force claims against county arising from deputy sheriff's use of taser on subject), 2015
  • Bruington Engineering Inc. v. Pedernal Energy L.L.C., 456 S.W.3d 181 (Tex. App. – San Antonio 2014) (ordering dismissal of claims against client engineering firm with prejudice after plaintiff's unexcused violation of certificate-of-merit statute), rev'd 2017 WL 1737920 (Tex. 2017) (ordering dismissal without prejudice instead), 2014
  • In re Emex Holdings L.L.C., 2013 WL 1683614 (Tex. App. – Corpus Christi 2013, orig. proceeding) (in mandamus proceeding, obtained reversal of trial court's denial of client's motion to enforce forum-selection clause in international business dispute), 2013
  • Ramirez v. Martinez, 716 F.3d 369 (5th Cir. 2013) (reversing in part denial of summary judgment, holding that client peace officer was not liable for false arrest of plaintiff), 2013
  • Cuellar v. Keppel Amfels L.L.C., 731 F.3d 342 (5th Cir. 2013) (client secondary employer did not interfere with the plaintiff's Family and Medical Leave Act rights when the plaintiff did not first apply for reinstatement with her primary employer, a placement agency), 2013
  • Legacy Home Health Agency Inc. v. Apex Primary Care Inc., 2013 WL 5305238 (Tex. App. – Corpus Christi 2013, pet. den.) (reversing temporary injunction against client in suit by competitor), 2013
  • Brannan Paving G.P. L.L.C. v. Pavement Markings Inc., 446 S.W.3d 14 (Tex. App. – Corpus Christi 2013, pet. den.) (reversing take-nothing judgment in client's suit against subcontractor for failure to procure additional insured coverage on subcontractor's insurance policy) , 2013
  • Bruington Engineering Inc. v. Pedernal Energy L.L.C., 403 S.W.3d 523 (Tex. App. – San Antonio 2013, no pet.) (ordering dismissal of claims against client engineering firm, as plaintiff could not circumvent certificate of merit statute by nonsuiting its claims and refiling the same claims by an amended petition), 2013
  • In re St. Paul Surplus Lines Ins. Co., 2012 WL 2015796 (Tex. App. - Houston [14th Dist.] 2012, orig. proc.) (obtained mandamus relief to sever and stay proceedings on extracontractual claims against client insurer until resolution of coverage claim), 2012
  • Worthington Mid-Rise Const. Inc. v. RSL Contractors Ltd., 2012 WL 3031226 (Tex. App. - Beaumont 2012, no pet.) (obtained reversal of trial court order denying client's motion to compel arbitration), 2012
  • Salinas v. Briggs Ranches, 350 S.W.3d 218 (Tex. App. - San Antonio 2011, no pet.) (agreeing with our arguments concerning employer liability for off-duty employees and affirming take-nothing judgment in favor of client in wrongful-death suit), 2011
  • Circle Zebra Fabricators Ltd. v. Americas Welding Corp., 2011 WL 1844443 (Tex. App. - Corpus Christi 2011, no pet.) (refusing to grant opponent's request for interlocutory review of trial court order granting client's motion to compel arbitration), 2011
  • Delgado v. State, 2010 WL 3249906 (Tex. App. - San Antonio 2010, no p.d.r.) (affirming conviction, denying opponent's contentions of insufficient evidence, prosecutorial error, charge error, and jury misconduct), 2010
  • Emex Holdings LLC v. Naim, 2010 WL 2163139 (Tex. App. - Corpus Christi 2010, no pet.) (reversing temporary injunction in commercial dispute), 2010
  • Gulf Coast Shell and Aggregate L.P. v. Newlin, 623 F.3d 235 (5th Cir. 2010) (reversing trial court judgment and ordering dismissal, for lack of admiralty jurisdiction, of investors' claims against client), 2010
  • Charles Machine Works Inc. v. Butler Rental and Sales Inc., 327 S.W.3d 779 (Tex. App. - Corpus Christi 2010, pet. denied) (affirming indemnity award against manufacturer and in favor of retailer client in products liability action), 2010
  • Sepco Tubulars Inc. v. Ortega, 2009 WL 3464843 (Tex. App. - San Antonio 2009, pet. granted for entry of agreed judgment) (various jury arguments by trial counsel were either not improper or not incurable, and evidence supported verdict in oilfield personal injury case), 2009
  • Ex parte Lovill, 287 S.W.3d 65 (Tex. App. - Corpus Christi 2008), rev'd on other grounds 2009 WL 4827511 (Tex. Cr. App. 2009) (criminal justice system cannot impose additional sanctions because a defendant is pregnant), 2008
  • State v. Guerrero, 2008 WL 5575080 (Tex. App. - Corpus Christi 2008, p.d.r. ref'd) (trial court retained jurisdiction to reconsider judgment of guilt following bench trial and enter acquittal instead), 2008
  • Low v. Henry, 221 S.W.3d 609 (Tex. 2007) (clarifying pre-suit investigation standards and limiting use of "group pleadings" that make numerous allegations not tied to specific defendants), 2007
  • Jin v. Metropolitan Life Ins. Co., 310 F.3d 84 (2nd Cir. 2002) (adopting amicus curiae arguments regarding employer liability for quid pro quo sexual harassment), 2002
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Office Location for Brian C. Miller

802 North Carancahua Street
Suite 1300
Corpus Christi, TX 78401

Phone: 361-884-8808

Fax: 361-884-7261

Last Updated: 3/22/2021

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