Stuart A. Miller Partner

     

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Stuart Miller is a member of Wilson Elser’s executive committee and co-chair of the national Transportation practice. Also head of the firm’s National Emergency Response Team, Stu frequently assists in pre-suit liability investigations and determination of causation. Retained as counsel of choice by several notable land developers, construction companies, trucking fleets and security companies, he enjoys a well-earned reputation for defending high-exposure personal injury claims.

Based in the firm’s New York Metro region, Stu’s active practice encompasses extensive experience in state, federal and appellate courts in New York, New Jersey, Florida and other jurisdictions. He defends clients in the full range of civil litigation matters, including class actions. He also provides corporate and commercial assistance to his clients in connection with real estate transactions, shareholder agreements and other types of contractual matters.

Stu provides swift, comprehensive crisis-management support for clients in the event of catastrophes, assembling attorneys and support personnel who are best equipped to handle the emerging crisis. Team members become fully engaged, often within hours of the event, interviewing relevant parties and determining the facts of the incident, the potential need for specialized criminal attorney representation, hours or service issues, federal agency compliance concerns, safety violations and any other potential causation issues or concerns. Should a client be required to face regulatory bodies, the media or the public anywhere in the country or around the world, Stu brings support and experienced guidance, no matter the venue.

Stuart brings the same practiced discipline and tenacious spirit to all general liability cases, whether defending a national restaurant chain, a “big box” retailer or any one of a number of Fortune 500 companies or other prominent self-insureds that regard him as trusted counsel. Stuart tackles each case with his trademark enthusiasm, backed by the stamina to take it to a successful conclusion. Clients frequently involve Stuart at the earliest stages of a claim. While more than capable of managing the entire litigation process, his remarkable negotiating skills frequently allow him to reach resolutions before litigation might otherwise commence. Accustomed to arriving at accident scenes at all hours of the day and night, Stuart immediately engages in gathering the information and witness insights that can help clients manage investigatory demands and fortify potential future litigation defenses.

Areas of Focus

Professional/Community Activities 
Stuart currently serves as a local prosecutor in the state of New York, focusing on transportation-related matters as well as building code violations. As a licensed provider of continuing education courses in Kentucky, New Hampshire, Texas, Florida and Virginia, Stuart frequently presents seminars to risk management departments, third-party administrators and carriers. He also is a regular presenter at Risk Management Society events at the national, regional and local levels. Stuart is active in diversity efforts within and outside the firm, such as hosting a "Law Day" at Wilson Elser for college students and attending the annual conferences of the Minority Corporate Counsel Association and National Asian Pacific Bar Association.

Transportation
Stuart is designated national counsel to major transportation and logistics companies, acting as the gatekeeper and national coordinator of all liability claims. He leads mediations, settlement conferences and trials throughout the United States, working alongside local counsel. Stuart also defends several national long-haul and local trucking companies, taxi and livery fleets, and bus and ambulette companies in catastrophic personal injury, uninsured motorist, no-fault and PIP subrogation cases. Understanding the importance of “boots on the ground” in crisis situations, Stuart oversees a 24/7 national emergency response team that responds to catastrophic trucking losses. He is a member of the Trucking Industry Defense Association and the Trucking Lawyers Association. Reflective of the respect he commands in the area of transportation is Stuart’s position as a local prosecutor in the state of New York, focusing on transportation and vehicular-related matters. 

Retail/Hospitality
Stuart enjoys a well-earned reputation in retail and restaurant defense, helping to manage and mitigate related risks and proactively resolving litigation. Clients frequently involve Stuart at the earliest stages of a case given his remarkable negotiating skills and ability to reach resolutions before litigation might otherwise commence. Stuart defends retail and restaurant operations in the areas of personal injury, premises liability, dram shop law, product liability, toxic tort, employment discrimination, intellectual property infringement and myriad other claims. He also provides corporate and commercial assistance to his clients in connection with real estate transactions, shareholder agreements and other types of contractual matters.

Construction
Stuart oversees several sizeable construction and land development accounts where the clients have substantial self-insured retentions. He strategizes with the account risk managers and general counsel on case management and corporate consistency. Stuart works closely with the client, brokers, insurers and third-party administrators to reduce indemnity exposure while keeping expenses contained. In New York, Stuart is designated as counsel of choice in several Owner Controlled Insurance Programs (OCIPs) and Contractor Controlled Insurance Programs (CCIPs) where he provides sound legal and risk management advice before and after an accident occurs. Stuart also defends “Grave Injury” claims asserted against employers in negligence lawsuits under the 1B coverage provided under their employer liability policies. Stuart is extremely well versed in the construction industry and has a great understanding of the New York Labor Law.

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