Biography
Lewis Miltenberger is licensed to practice in Texas, Illinois, and Missouri, and has represented corporate defendants in commercial, products liability, and toxic tort cases involving personal injury, wrongful death, premises liability, property damage, and contract disputes in state and federal courts in Texas, Louisiana, Illinois, Kansas, and Missouri. Throughout his career, Lew has represented manufacturers, miners, suppliers, distributors, end users, and premises owners in toxic tort litigation.
Lew has extensive experience in multiparty litigation and has developed comprehensive strategies for handling large numbers of complex cases. He continues to serve as regional and local trial counsel for clients in mass tort litigation, including as regional trial counsel and exclusive Texas counsel for a manufacturer of joint compounds where he has effectively decreased trial exposure with aggressive motion and discovery practice. Lew has significant experience developing coordinated defense strategies and “corporate explanation” and is instrumental in expert witness selection and development.
Lew has represented business owners with interests throughout Texas with a wide range of legal issues regarding formation and operation of day-to-day business activities. He has provided counsel to clients from start-up to break-up for many small to medium size business. Lew has structured and negotiated joint venture agreements, partnership agreements, franchise agreements, purchase and sale agreements, asset-transfer or sale agreements, inventory and receivable financing arrangements and multi-party loan and security agreements, executive employment agreements, lease agreements, construction contracts and economic incentive packages and grants with municipalities and other taxing entities.
When business ventures don’t go as planned, Lew has been retained to represent clients in a wide range of cases, including defending or making allegations of: RICO violations, breach of contract, fraud, breach of fiduciary duty, landlord/tenant disputes, deeds and easement disputes, construction defect and lack-of-performance performance claims.
Regardless of whether it is at start-up or when the gloves are off, Lew provides reasoned, straight-forward analysis of the law and facts, from his perspective as a lawyer, business owner and a former banker.
Lew has extensive experience in multiparty litigation and has developed comprehensive strategies for handling large numbers of complex cases. He continues to serve as regional and local trial counsel for clients in mass tort litigation, including as regional trial counsel and exclusive Texas counsel for a manufacturer of joint compounds where he has effectively decreased trial exposure with aggressive motion and discovery practice. Lew has significant experience developing coordinated defense strategies and “corporate explanation” and is instrumental in expert witness selection and development.
Lew has represented business owners with interests throughout Texas with a wide range of legal issues regarding formation and operation of day-to-day business activities. He has provided counsel to clients from start-up to break-up for many small to medium size business. Lew has structured and negotiated joint venture agreements, partnership agreements, franchise agreements, purchase and sale agreements, asset-transfer or sale agreements, inventory and receivable financing arrangements and multi-party loan and security agreements, executive employment agreements, lease agreements, construction contracts and economic incentive packages and grants with municipalities and other taxing entities.
When business ventures don’t go as planned, Lew has been retained to represent clients in a wide range of cases, including defending or making allegations of: RICO violations, breach of contract, fraud, breach of fiduciary duty, landlord/tenant disputes, deeds and easement disputes, construction defect and lack-of-performance performance claims.
Regardless of whether it is at start-up or when the gloves are off, Lew provides reasoned, straight-forward analysis of the law and facts, from his perspective as a lawyer, business owner and a former banker.
Publications and Presentations
- The Public Policy of Governmental “Takings”
- Deposition Strategies
- Texas Statute of Repose
- Texas Prompt Payment of Claims Act
- Investigating Fraudulent Claims — Guidelines for Good Faith Investigation in Texas
- Top Ten Bad Faith Issues in Texas
- Construction Defects — “Covered or Not?" — More “Knots” from Texas Courts
- Begin With the End In Mind — Trial Strategies Straight From the Charge
- Know When to Hold’em, Know When to Fold’em and Know When Not To Ask the Question (Ryan v. KCG, Inc.)
- Texas Statute of Repose in Personal Injury Cases
Notable Cases and Trials
- Lehmann v. Able Supply Co., Cause No. 26,342-B, Milam County, Texas — Directed verdict for client
- Cichocki v. AC&S, Inc., Cause No. 2001-1082, El Paso County, Texas — Directed verdict for client
- Tucker v. AC&S, Inc., Cause No. CV-33246, Hopkins County, Texas — Directed verdict for client
- Ryals v. SEPCO, Cause No. 91-17877, Travis County, Texas — Jury finding of no product defect and no negligence by client
- Ryan v. KCG, Inc., Cause No. 03-04-00150-CV, Third Court of Appeals, Austin, Texas — Summary judgment upheld on appeal
- Smith v. KCG, Inc., Cause No. 348-210200-05, 348th District Court, Tarrant County, Texas — Motion for summary judgment granted by the trial court
- Pena v KCG, Inc., Cause No. 2006-3022, 34th District Court, El Paso County, Texas — Motion for summary judgment granted by the MDL Court
- Hill v. Akzo Nobel, Cause No. 2011-56860, 11th District Court, Harris County, Texas — Motion for summary judgment granted by the MDL Court
