Ben Miller is an associate with the firm’s Litigation Department. His practice focuses on litigation, tort litigation and government. He defends businesses, employers and local governments from civil lawsuits in state and federal court. He has argued cases before almost every federal District Court judge in Oregon and in 17 different counties, all across the state. While his practice focuses on employment, medical, civil rights and tort claims, he also handles disability, contract and administrative matters.
Ben formerly served as an honors attorney with the Oregon Department of Justice where his practice included tort and employment litigation defense, administrative law, energy law, and other natural resource matters.
Memberships/Affiliations
Ben is a member of the Oregon State Bar. He is also a member of the Rodman American Inn of Court and the Lane County Bar Association. Ben currently serves as the Vice President of the Board of Directors for the McKenzie River Trust and is a board member for the Northwest Habitat Institute. Ben is also a mentor for students at the University of Oregon School of Law and provides legal services to select nonprofits.
Education
Ben received his J.D. from the University of Oregon School of Law, where he was a research assistant and prepared and edited articles on environmental and natural resources issues. Ben earned a B.S., cum laude, in Fisheries and Wildlife Science from Oregon State University Honors College. He also received a minor in Natural Resource and Environmental Law and Policy.
Presentations
- “Defending a Taser Lawsuit,” CityCounty Insurance Services Annual Conference, Portland, OR (February 2013)
- “Fire Liability – What Does This Mean to Me?” Oregon Logging Conference, Eugene, OR (February 2013)
Publications
- "Assimilation, Enclaves, and Take: How States Might Protect Wildlife on Federal Reservations," 22 J. Envtl. L. Litig. 383 (2007)
Representative Public Entity Employment Cases:
- Dinicola v. Oregon Department of Revenue, Marion Co. Case No. 07-C-14758
(Union President brought claims for overtime compensation under Fair Labor Standards Act and state counterpart. Prevailed on Motion for Summary Judgment.) - Atwood v. Oregon Department of Transportation, 06-cv-01726 (D. Or.)
(Employee brought claims against supervisors alleging religious discrimination, disability discrimination, violations of the Family and Medical Leave Act and Oregon Family Leave Act, workers compensation discrimination, and common law claims for the intentional and reckless infliction of emotional distress. Prevailed in part on motion for summary judgment. Full defense verdict after five day jury trial on remaining claims.) - Courtney v. Oregon State Police, 06-cv-6223 (D. Or.)
(Former employee made claims of First Amendment retaliation, whistle blower retaliation, racial discrimination, hostile work environment, and other state tort claim. Prevailed in full on motion for summary judgment for Oregon State Police and affirmed on appeal). - Butler v. City of Eugene, 08-cv-6270 (D. Or.)
(Former employee made claims of racial discrimination, retaliation, hostile work environment, and other common law torts. Prevailed in full on Motion for Summary Judgment.) - Carpenter v. Coos County, Coos. Co. Case No. 09-CV-1035
(Former employee brought claims for breach of contract and negligence. Prevailed in full on motion for summary judgment.) - Travis v. City of Roseburg, 09-cv-6353 (D. Or.)
(Employee made claims of First Amendment retaliation, lack of due process, and intentional interference with economic relations. Prevailed in full on Motion for Summary Judgment.)
Representative Public Entity Tort Cases:
- Awbrey v. Oregon State Board of Higher Education, 06-cv-01820 (D. Or.)
(Student brought claims for sexual harassment against a professor. Succeeded in dismissing Oregon State Board of Higher Education from lawsuit on Motion for Summary Judgment. Full defense verdict on remaining claims after 3 day jury trial. Awarded costs and $25,000 in attorney fees.) - Dovenberg v. State of Oregon, 08-cv-0889 (D. Or.)
(Dismissed suit for damages to property that allegedly occurred while agents of Department of Forestry were fighting a fire.)
Eugene Office
360 E. 10th AvenueSuite 300
Eugene, OR 97401-3273
Tel: 541.485.0220
Fax: 541.686.6564
Practice Emphasis