Stuart Miller is a member of Wilson Elser’s executive committee and co-chair of the national Transportation practice. As head of the firm’s National Emergency Response Team, Stu focuses on transportation and construction matters, frequently assisting in pre-suit liability investigations and determination of causation. Retained as counsel of choice by several notable land developers, construction companies and trucking fleets, he enjoys a well-earned reputation for defending high-exposure personal injury claims. 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 himself, gathering the information and witness insights that can help clients manage investigatory demands and fortify potential future litigation defenses.
Acknowledging that the best way to handle litigation is to avoid it in the first place, Stuart collaborates with clients on the development and implementation of risk-management protocols. He brings a practical perspective to this exercise based on the thousands of insurance claims he has litigated as well as a keen understanding of how to stay ahead of - rather than react to - the risks that might otherwise generate claims or even undo a client’s business.
Stuart practices out of the firms New York City and White Plains offices and is admitted to the bar in New York, New Jersey and Florida. He enjoys extensive experience in state, federal and appellate courts in these and other jurisdictions, defending 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.
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.
Areas of Focus
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.
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.
Awards & Distinctions
Named to list of Forty under Forty Rising Stars by the Business Council of Westchester, 2011
Received a four-year appointment to the New York State Character and Fitness Committee by official order of the Appellate Division, Second Department, 2011
Eastern District of New York Adopts “ Express Train” Discovery Schedule to Ensure Expeditious Resolution of Sandy-related Coverage Suits
Expedited Resolution of Sandy-related Coverage Suits
April 24, 2014
In late February 2014, the U.S. District Court for the Eastern District of New York issued a case management order, scheduling all parties in cases dealing with Superstorm Sandy on an “ express train to resolution.” In keeping with this approach, the Court has skipped all discovery conferences mandated by the Federal Rules of Civil Procedure and remained focused on resolving these disputes.
Stu Miller to Represent Wilson Elser in a Mock Trial Competition to Benefit The Children’s Hospital of Philadelphia
November 12-13, 2014
Magna Legal Services
The Consequences of Being Clueless: What you need to know to help your kids and you navigate the teen years safely
September 23, 2014
Litigation! Fair or Folly? Role-play for a Better Understanding of Claims Litigation, Risk Management Societys (RIMS) annual conference, May 2011
New York Law Journal Reports on Stu Miller and Gerald Heubels Against-All-Odds Win
June 25, 2014
Poland Spring Wins Defense Verdict in High Exposure Trial
Wilson Elser Prevails in Face of Noseworthy and Emergency Doctrine Charges
June 20, 2014 (Also at White Plains Office)