Brian C. Miller

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 - 2019
Selected To Rising Stars: 2011 - 2013
Licensed Since: 1997
Practice Areas:
  • Appellate (80%),
  • Personal Injury - General: Defense (10%),
  • Business Litigation (10%)
Attorney Profile

As a board-certified civil appellate lawyer, Brian Miller focuses on appeals and complex motion practice in a variety of civil litigation cases, including personal injury, employment, civil rights, construction, commercial, and maritime cases. He has participated in approximately 100 appeals, several of which have resulted in important clarifications of Texas and federal law.

Mr. Miller is currently serving a second two-year term (ending 2020) on the executive board of the University of Texas Law School Alumni Association, and he recently completed a three-year term (2014-2017) on the State Bar of Texas board of directors.

Mr. Miller is also serving a three-year term (2017-2020) on the Pattern Jury Charge Oversight Committee of the State Bar of Texas. That committee coordinates, considers, and approves standard jury instructions that six subject-matter committees propose for use in trials in Texas courts. Before becoming a member of that committee, Mr. Miller served as a State Bar board advisor (2016-2017) to that committee.

From 2011 to 2014, he was a member of the State Bar of Texas' Court Rules Committee, which is charged with identifying and proposing improvements to state-court procedural rules. Mr. Miller later served as a State Bar board advisor (2014-2016) to that committee.

Mr. Miller has also been an active member of the ABA Judicial Division's Council of Appellate Lawyers, and he has served on its Executive Board since 2017. Mr. Miller also serves as a Council representative on the Division's Amicus Curiae Briefs Committee.

From 2013 to 2014, Mr. Miller was chair of the approximately 400-member Appellate Advocacy Committee of the American Bar Association’s Tort Trial and Insurance Practice Section.  He served a two-year term, from 2009 to 2011, as a member of the American Bar Association House of Delegates, which is the policy-setting legislative body of the ABA.

In recognition of his professional and public service efforts, Mr. Miller has been inducted as a fellow of the Texas Bar Foundation and as a fellow of the American Bar Foundation. Mr. Miller was selected as the 2009 Outstanding Young Lawyer of the Corpus Christi Young Lawyers Association.

Mr. Miller and his wife, Colleen, are ardent supports of educational causes, including having endowed the Brian and Colleen Miller Endowment for Excellence Scholarship at the University of Texas School of Law, the Brian and Colleen Miller Math and Science Scholarship through the Coastal Bend Community Foundation, and by contributing scholarship funds as members of the President's Council of Texas A&M University-Corpus Christi.

Mr. Miller graduated magna cum laude from Rice University in 1994 with bachelor’s degrees for majors in chemical engineering and in economics. He graduated with honors from the University of Texas School of Law in 1997. He is licensed to practice in courts of the State of Texas, in the federal district courts for the Eastern, Western, and Southern Districts of Texas, in the federal Fifth Circuit Court of Appeals, and in patent cases before the U.S. Patent and Trademark Office.

 

About Brian Miller

Admitted: 1997, Texas

Professional Webpage: http://www.roystonlaw.com/professionals-72.html

Honors/Awards:

  • 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

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

Bar/Professional Activity:

  • Member, Executive Board, Council of Appellate Lawyers (part of the American Bar Association's Judicial Division) (2017-present; programming chair, 2018; CAL organizing chair for Appellate Judges Education Institute Summit, 2019), 2019
  • Member, Executive Committee, University of Texas School of Law Alumni Association (2016-present), 2019
  • Member, Pattern Jury Charge Oversight Committee of the State Bar of Texas (2017-present), 2019
  • Member, Council of Appellate Lawyers (American Bar Association Judicial Division) (2009-present), 2019
  • Member, Amicus Curiae Briefs Committee of the ABA's Judicial Division (2014-present), 2019
  • Vice-Chair (2016-present), Employment Law & Litigation Committee of the ABA Tort Trial & Insurance Practice Section (member, 2014-present), 2019
  • Member, College of the State Bar of Texas (2007-present), 2019
  • Member (representing District 11), State Bar of Texas Board of Directors (2014-2017), 2017
  • Board advisor, Pattern Jury Charge Oversight Committee of the State Bar of Texas (2016-2017), 2017
  • Board advisor (2014-2016), Court Rules Committee of the State Bar of Texas (member, 2011-2014), 2016
  • Chair (2013-2014), Appellate Advocacy Committee, American Bar Association Tort Trial and Insurance Practice Section (chair-elect, 2012-2013, vice-chair, 2009-2012, member, 2009-present), 2014
  • Member, American Bar Association House of Delegates Committee on Issues of Concern to the Legal Profession (2010-2011), 2011
  • Member, American Bar Association House of Delegates (elected as young lawyer representative of the State Bar of Texas) (2009-2011), 2011
  • Vice-president (2005-2006, 2008-2009), Corpus Christi Young Lawyers Association (secretary, 1999-2000, 2004-2005, board member, 1999-2000, 2003-2009), 2009
  • Director, District 12, Texas Young Lawyers Association (2006-2008), 2008

Pro bono/Community Service:

  • Coach, Upward Basketball leagues (elementary-school levels) in Portland, Tex., 2014-present.
  • Member, State Bar of Texas Pro Bono College, 2002, 2003, 2010.
  • Coach, Gregory-Portland Soccer Association, Portland, Texas (2017-present).

Scholarly Lectures/Writings:

  • 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 Employment Law and Liltigation, 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

Verdicts/Settlements:

  • Chow v. Rodriguez, 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) (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 disgrunted 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

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 Oustanding 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)

Educational Background:

  • University of Texas School of Law, J.D., with honors, 1997
  • Rice University, B.S. Chemical Engineering, B.A. (Economics), magna cum laude, 1994
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Office Location for Brian C. Miller

802 North Carancahua Street
Suite 1300
Corpus Christi, TX 78401

Brian C. Miller:

Last Updated: 10/15/2019

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