Lew 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, and property damage and contract disputes in state and federal courts in Texas, Louisiana, Illinois, Kansas and Missouri. He has extensive experience in complex, multiparty litigation and has developed comprehensive strategies for handling large numbers of complex cases and has successfully implemented and presented such strategies both in the courtroom and in the boardroom. He continues to serve as regional and local trial counsel for clients in mass tort litigation.
Lew has defended manufacturers of an array of products including boilers, gaskets, packing, cement pipe, joint compounds, ceiling tiles, floor tiles, pipe insulation, block insulation, refractory products, plumbing fixtures, HVAC insulation systems, industrial laminates, reflective insulations, equipment, and even clothing. He has represented miners, suppliers, manufacturers, distributors, end users and premises owners in toxic tort litigation. In addition, he has handled cases involving allegedly toxic substances such as asbestos, benzene, and silica. Lew is a peer reviewed AV rated attorney for ethical standards and legal ability by Martindale Hubbell.
Lew has represented business owners with interests throughout Texas in a wide range of legal issues regarding day-to-day business activities. Lew has provided counsel from start-up to break-up for many small to medium size businesses. He has structured and negotiated joint ventures agreements, partnership agreements, purchase and sale agreements, multi-party loan and security agreements, He has litigated cases involving breaches of contract, fraud, breaches of fiduciary duty’ landlord/tenant disputes, deeds and easement disputes and construction litigation claims.
In his free time, Lew enjoys playing with his two grandsons, traveling with his wife of 33 years, golf with friends, sharing barbecue recipes with friends and neighbors, reading current events and novels, both fiction and non-fiction, rooting for his favorite pro and college teams, and spending time at any lake or beach with friends and family.
Publications and Presentations
The Public Policy of Governmental “Takings”
Plaintiff 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