Brian Miller is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization, and he has been selected for inclusion in the Texas Edition of Super Lawyers magazine for each year since 2014. Before that, he was included in the 2011, 2012, and 2013 Texas Rising Stars Editions of that publication.
Mr. Miller’s practice is focused on prosecuting and defending appeals, preparing legal strategies for trial-court litigation, and preparing and arguing key motions in state and federal trial courts. His experience spans a wide variety of civil litigation, including suits involving commercial and employment disputes, industrial and oilfield accidents, civil rights, administrative law, and maritime law. He has participated in over 100 appeals, several of which have resulted in important clarifications of Texas and federal law.
Mr. Miller is currently serving a two-year term on the executive board of the University of Texas Law School Alumni Association, and he recently completed a three-year term on the State Bar of Texas board of directors.
Mr. Miller has also dedicated much of his time to improving Texas legal procedure. He serves on the State Bar’s Pattern Jury Charge Oversight Committee, which coordinates, considers, and approves standard jury instructions that six subject-matter committees propose for use in trials in Texas courts. From 2011 to 2014, he was a member of the State Bar’s Court Rules Committee, which is charged with identifying and proposing improvements to procedural rules affecting litigation.
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. Mr. Miller has also been an active member of the ABA Judicial Division’s Council of Appellate Lawyers, and he serves on the Division’s Amicus Curiae Briefs Committee.
Mr. Miller served, from 2009 to 2011, as a delegate in the ABA House of Delegates, the policy-setting body of the ABA. From 2010 to 2011, Mr. Miller further served the House as a member of its Committee on Issues of Concern to the Profession.
Mr. Miller created and led the implementation of the Kids Law Library at Los Encinos Elementary School. The Kids Law Library was selected over numerous state and local submissions to receive the American Bar Endowment Outstanding Public Service Project Award at the 2007 ABA Annual Meeting.
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 joined Royston Rayzor in July 2008.
- Obtained reversal of judgment against client, when Fifth Circuit agreed that investors’ dispute fell outside admiralty jurisdiction and ordered the dismissal of plaintiffs’ suit.
- Obtained affirmance of take-nothing summary judgment in employment dispute involving temporary worker Family and Medical Leave Act claims, with Fifth Circuit agreeing with our contentions and rejecting those of several amici curiae friendly to plaintiff.
- Obtained summary judgment awarding indemnity to retailer in wrongful death suit and affirmance by state appellate courts, despite manufacturer’s efforts to structure settlement to prejudice retailer’s indemnity right.
- Obtained reversal by state Court of Appeals of trial court’s temporary injunction against client in international business dispute.
- Obtained reversal of take-nothing judgment on jury verdict in suit based on a subcontractor's failure to acquire insurance policy endorsement naming a general contractor as an additional insured.
- Acting as special appellate counsel for a local prosecutor’s office, obtained affirmance by state Court of Appeals of assault conviction and vindication of trial counsel over claim of prosecutorial wrongdoing.
- Obtained affirmance by state Court of Appeals of take-nothing judgment against client in oilfield personal injury case, with co-defendant eventually agreeing to settle dispute without contribution by client.
- Prepared initial appellate briefs in case in which Supreme Court of Texas agreed with interpretation of tort reform statute, requiring plaintiff’s counsel to conduct reasonable investigation of each allegation in pleadings, and upheld trial court’s decision to impose sanction for violation of that standard.
Publications & Speeches
- Crossing the Threshold: Statutory Expert Reports in Suits Against Professionals, co-authored with Tiye Foley for and accompanying live presentation at the 2013 Corpus Christi Bar Association Advanced Personal Injury Law Seminar.
- Recent Developments in Appellate Advocacy, co-authored with Joshua D. Lee and Daniel Deutsch for the Winter 2012-2013 issue of Tort Trial & Insurance Practice Law Journal.
- U.S. Supreme Court Update, authored for and accompanying live presentation at the 2012 Corpus Christi Bar Association Advanced Personal Injury Law Seminar.
- Prosecuting and Defending Motions to Compel Arbitration: What Works, What Won't, authored for and accompanying live presentation at 2011 Corpus Christi Bar Association Advanced Personal Injury Law Seminar.
- J.D., 1997, University of Texas School of Law, with honors.
- B.S. Chemical Engineering, B.A. Economics, 1994, Rice University, magna cum laude.
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, United States Patent and Trademark Office
Memberships & Affiliations
- American Bar Association: House of Delegates, 2009-2011. Member, House of Delegates Committee on Issues of Concern to the Profession, 2010-2011. Chair, Tort Trial and Insurance Practice Section Appellate Advocacy Committee, 2013-2014 (chair-elect, 2012-2013, vice-chair, 2009-2012). Member, Judicial Division, Council of Appellate Lawyers (member, Appellate Judges Education Institute Planning Committee, 2010-2011, 2013-present). Member, Joint Amicus Curiae Briefs Committee of the Judicial Division’s Lawyers Conference and Conference of Appellate Lawyers, 2013-present. Selected and inducted as a fellow of the American Bar Foundation, 2014.
- State Bar of Texas: Member, Board of Directors, 2014-present. Member, Court Rules Committee, 2011-2014. Member, College of the State Bar of Texas (honorary society recognizing lawyers who far exceed minimum continuing education requirements), 2007-present. Member, Pro Bono College, 2002-2003, 2010. Selected and inducted as a fellow of the Texas Bar Foundation, 2007. Member, Appellate Section.
- Texas Young Lawyers Association: Member, Board of Directors, 2006-2008.
- Corpus Christi Bar Association
- Corpus Christi Young Lawyers Association: Member, Board of Directors, 1999-2000, 2003-2009. Secretary, 1999-2000, 2004-2005. Vice-president, 2005-2006, 2008-2009.