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OVERVIEW

Brendan W. Miller
Partner

Indianapolis

11 South Meridian Street
Indianapolis, IN 46204-3535

P 317-231-6416

F 317-231-7433

OVERVIEW

Brendan W. Miller
Partner

Indianapolis

11 South Meridian Street
Indianapolis, IN 46204-3535

P 317-231-6416

F 317-231-7433

Brendan Miller’s professional motivation and guiding philosophy is to assist his corporate clients in achieving their potential by helping them to understand, navigate and utilize the law in a practical and efficient way. This includes defending their rights and minimizing risks and costs while realizing critical business objectives through a variety of litigation and corporate legal services.

OVERVIEW

Brendan W. Miller Partner

Indianapolis

11 South Meridian Street
Indianapolis, IN 46204-3535

P : 317-231-6416

Brendan Miller’s professional motivation and guiding philosophy is to assist his corporate clients in achieving their potential by helping them to understand, navigate and utilize the law in a practical and efficient way. This includes defending their rights and minimizing risks and costs while realizing critical business objectives through a variety of litigation and corporate legal services.

Brendan represents clients in virtually all areas of complex business and commercial litigation, including disputes involving contracts, warranties, business torts, class actions, multidistrict claims, trade secrets, antitrust, product liability and tax. He has been involved in cases in federal and state jurisdictions throughout the United States, as well as alternative dispute resolution forums, including mediation and arbitration.

Brendan is experienced in the various phases of litigation and the dispute resolution process – from pre-suit negotiations to prosecution and defense of claims, discovery, motion practice, preparation for trial and the preservation of issues for appeal. His track record includes defending a national real estate service company against class action antitrust claims, defending a material manufacturer as national counsel in defense of product liability and breach of warranty actions filed throughout the United States, and successfully prosecuting claims for breach of contract, misappropriation of trade secrets, tortious interference and unfair competition on behalf of a group purchasing company.

Brendan provides thorough and actionable guidance on the statutory, regulatory and common law implications of prospective business transactions. He advises on the applicable restrictions on trade and business practices; negotiating, reviewing, interpreting, drafting and defending written contracts governing business relationships, transactions and the settlement of disputes; and drafting and filing entity incorporation and tax status documentation with applicable state and federal authorities.

As vice chair of the firm’s eDiscovery and Knowledge Management team, Brendan manages and advises clients on virtually all facets of e-discovery and management of electronically stored information (ESI) in connection with litigation and investigative inquiries. He is skilled in the identification, preservation, collection, processing, review, production and presentation of information and data, including managing vendor relationships and employing cost saving measures that make use of appropriate technology tools. He also drafts and negotiates the entry of a protective order to protect the commercially sensitive information of his clients.

While in law school, he was an intern for the Honorable Sarah Evans Barker, U.S. District Court for the Southern District of Indiana. In addition, his note, “Your Money or Your Lifestyle!: Employers’ Efforts to Contain Healthcare Costs – Lifestyle Discrimination Against Dependents of Employees?,” is published in Volume 5 of the Indiana Health Law Review.

Prior to the law, Brendan worked for a decade in the nonprofit sector, advising and working with organizations to achieve organizational and community outcomes. Trained and experienced in community problem-solving, program and organizational development, Brendan leverages this experience to provide legal services to clients, grounded with a code of integrity and a dedication to practical approaches to overcoming obstacles that address the aspirations, concerns and business demands of those he serves.

Professional and Community Involvement

Board member, Indiana 211 Partnership

Pro bono legal services to a variety of Indiana nonprofit organizations

Volunteer, United Way of Central Indiana and other community organizations

Volunteer, Americorps VISTA with Prevent Child Abuse Indiana, one-year term of service after college

EXPERIENCE
  • Barnes & Thornburg attorneys served as coordinating counsel for Johnson & Johnson's DePuy Orthopedics Inc. in an eight-week bellwether trial before a federal jury in Dallas. DePuy prevailed and was cleared of the allegations that it manufactured a dangerous and defective metal-on-metal hip implant. This was the first trial in the litigation in which more than 7,000 cases are consolidated in a multi-district litigation (MDL) pending in Dallas. Barnes & Thornburg is coordinating counsel for the MDL.
  • Barnes & Thornburg LLP represents Dow AgroSciences LLC and The Dow Chemical Company (Dow Defendants), in a personal injury lawsuit filed by the Gresser family in Tippecanoe Superior Court, Indiana, against the Dow Defendants and Reliable Exterminators, Inc. The Gressers purchased a home located in West Lafayette, Indiana, from New Chauncey Foundation, Inc., into which they moved in May 2001. Reliable Exterminators, Inc. is alleged to have treated the home with Dursban TC for termites in February 2000. Plaintiffs allege that they suffered from numerous personal injuries including attention deficit hyperactivity disorder, sensory processing disorder, cognitive dysfunction and brain damage as a result of the alleged pesticide exposure, and were forced to vacate the home in June 2002. Plaintiffs’ causes of action include negligence and products liability claims alleging failure to warn and defective design and also punitive damages.

    The case was set for trial in October 2011 before Special Judge Robert Hall in Tippecanoe County, Indiana. On August 15, 2011, the Court granted the Dow Defendants’ motion for partial summary judgment on Plaintiffs’ failure to warn claims based on the Indiana Product Liability Act. On September 28, 2011, the Court granted the Dow Defendants’ motion for partial summary judgment on Plaintiffs’ claim for punitive damages and also granted summary judgment based on preemption on the Plaintiffs’ claims pursuant to PLIVA, Inc. v. Mensing, 131 S. Ct. 2567, 2011 WL 2472790 (June 23, 2011), reh’g denied, 2011 WL 3557247 (Aug. 15, 2011).

    On October 4, 2011, the trial court entered a final judgment under Rule 54(B) on behalf of the Dow Defendants. The case was appealed before the Indiana Court of Appeals and the clients prevailed.
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