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Robert J. Miller, Sr.
 
EDUCATION
  • Portland State University, Bachelor of Science in Business Administration, 1970
  • Northwestern School of Law at Lewis & Clark College, Juris Doctor Degree, 1973   
LAW FIRM AFFILIATIONS
  • Hanna & Purcella Law Firm, Associate, 1974 to 1977
  • Blyth, Porcelli and Moomaw, Associate, 1978, Partner in 1979
  • Blyth, Porcelli, Moomaw and Miller, Partner, to 1983
  • Moomaw, Miller & Reel, Partner, to 1993
  • Moomaw, Miller & Hildebrand, LLP, Partner, to June, 2008; “Of Counsel” to December 2008
  • Robert J. Miller, Sr., PC, Sole Practitioner January 2009 to present
MEMBERSHIPS/ASSOCIATIONS
Oregon State Bar (1973); Washington State Bar (2002); Federal District Court of Oregon (1974); United States Federal Claims Court (2005); Supreme Court of the United States (1987); Oregon Trial Lawyers Assoc. (1978); National Institute for Trial Advocacy (1979); Multnomah County Bar Association (1985); Washington County Bar Association (1980); Arbitrator (Washington County, 1994 to present)
 
CERTIFICATION
National Board of Trial Advocacy (certified in Civil Trial Law 2006 & Civil Pretrial Practice 2012).  Qualifications for Civil Trial Advocate include significant involvement in civil trial litigation (at least 30% of time); involvement in at least forty-five days of trial within a 3-year period; participation in continuing legal education; written test and peer review.
 
EXPERIENCE AND PRACTICE AREAS
A trial attorney with over 43 years in civil litigation experience representing both plaintiffs and defendants in State and Federal Courts with over 25 jury trials to conclusion. Litigation experience includes business, construction (commercial and residential), products liability, insurance issues (including duty to defend and coverage), personal injury (including wrongful death), civil rights, elder abuse, property disputes, foreclosures, injunctions, non-compete and employment cases (including wrongful termination), environmental, medical and legal malpractice cases.  Briefing and oral argument of appeals before the State of Oregon Court of Appeals, Ninth Circuit Court of Appeals (Federal Court) and the Oregon Supreme Court.  Serves as an arbitrator in civil matters, both court appointed and private selection. Qualified as an expert witness as to reasonableness of attorney fees and court appointed as trustee.  Other practice areas include real estate, business, trusts, wills and probate.
 
AFFILIATIONS
Approved by Zurich Insurance, AIG Insurance, Chubb Insurance Co. and Lloyds of London to act as defense counsel.  Authorized by Safeco Insurance, Farmers Insurance and National General as subrogation counsel. 
 
PERSONAL
  • Born in Portland, Oregon in December 1943
  • Madeleine Grade School, graduated 1957; Central Catholic HS, graduated 1961
  • United States Marine Corp 1962, awarded Meritorious Mast in 1965, honorably discharged 1966
  • Married Susan M. Richardson, 1969
  • Children: Robert J. Miller, Jr. JD; Mary E. Miller-Kunrath, MD; John T. Miller, JD ; and Michael S. Miller, CFA
 
REPORTED APPELLATE DECISIONS
(Nature of Case and Issues Considered)
 
* Shenefield v. Axtell, 274 Or 279, 545 P.2d 876 (1976) Real Property (slander of title/statute of limitations)
* Johnson v. Tesky, 57 Or App 133, 643 P.2d 1344 (1982) Personal Injury (authority to bind principal for settlement)
* Northwest Ironworks, Inc. v. Rippling River Dev. Corp., 71 Or App 144, 691 P.2d 111 (1984) Construction Foreclosure (substantial completion/lien perfection)
* Transamerica Ins. Co. v. Sunnes, 77 Or App 136, 711 P.2d 212 (1985) Declaratory Action (insurance coverage/accidental discharge)
* Peggy Leanne Goodchild v. Krise, 75 Or App 138, 704 P.2d 554 (1985) Personal Injury (expert testimony)
* Lancaster v. Royal Ins. Co. of America, 302 Or 62, 726 P.2d 371 (1986) Personal Injury (duty to defend/permissive use)
* MacLean & Assocs., Inc. v. Am. Guar. Life Ins. Co., 85 Or App 284, 736 P.2d 586 (1987) Breach of Franchise Agreement (loss profits/competency of expert testimony/damages)
* Am. Guar. Life Ins. Co. v. U.S. Bancorp Consumer Servs., Inc., 99 Or App 734, 784 P.2d 457 (1989) Foreclosure (priority/notices)
* Ward v. Jarnport, 114 Or App 466, 835 P.2d 944 (1992) Real Property (trespass/nuisance/statute of limitations)
* Benefiel v. Waremart, Inc., 112 Or App 480, 829 P.2d 736 (1992) Workers Compensation (disability)
* Bus. Men’s Serv. Co. v. Obrist, 130 Or App 577, 883 P.2d 219 (1994), rev. denied, 320 Or 507, 888 P.2d 568 (1995) Contract Interpretation (contract ambiguity/offer of proof/evidence)
* Perry v. Express Servs., Inc., 143 Or App 321, 923 P.2d 673 (1996) Workers Compensation (exclusive remedy/co-worker liability)
* Northwest Pump & Equip. Co. v. Am. States Ins. Co., 144 Or App 222, 925 P.2d 1241 (1996) Insurance Coverage (duty to defend/estoppel/damages)
* Mauri v. Smith, 324 Or 476, 929 P.2d 307 (1996) Civil Rights (invasion of privacy, assault and battery, entitlement to attorney fees)
* Abbott v. Oregon Holdings, Inc., 154 Or App 441, 959 P.2d 639 (1998) Employment (wrongful termination/appellate procedure)
* Safeport, Inc. v. Equip. Roundup & Mfg., Inc., 184 Or App 690, 60 P.3d 1076 (2002) Construction Lien Foreclosure (statutory notices/priority/quantum meriut/entitlement to attorney fees)
* PGF Care Ctr., Inc., v. Wolfe,208 Or App 145, 144 P.3d 983 (2006) Contract Construction (arbitration provisions/scope of appellate review)
* Hobart v. Holt, 222 Or App 550, 194 P.3d 820 (2008) Wrongful Death (derivative action/Vaccine Act)
* Saldivar v. Roberts, 240 Or App 371, 246 P.3d 91 (2011) Fraud/Unfair Trade (default)
* Yee v. Yee, 230 Or App 581, 245 P.3d 183 (2010) Real Property (probate claims/ adverse possession/statute of limitations)
* Ekren v. Farmers Ins. Co. of Oregon, 234 Or App 485, 228 P.3d 614 (2010) Insurance Coverage (exclusions)
* Manusos v. Skeels, 238 Or App 657, 243 P.3d 491 (2010)922 (2011) Real Property
(easements/reformation of deed)
* Dickinson v. Northwest Pump, Washington Appeal Court Case No. 67650-4-I, Unpublished Opinion Dated December 2012, Employment Agreement (non-compete provisions)
* Louisa Anne Rose v. Belkengren,257 Or. App. 420, 304 P.3d 468 (2013) Probate (will interpretation)
* Manusos v. Skeels, 263 Or.App. 721, 330 P.3d 53 (2014) Real Property (easements/implied)
* Pederson v. Weitman, 276 Or App 226, 367 P.3d 967 (2016) Injunctive Relief (enforcement of CC&Rs)

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