Brant Miller is the chair of the firm’s national Energy & Natural Resources Group. He counsels E&P and midstream clients, as well as mineral investors and solar clients, on a broad scope of energy matters, including all aspects of title, high volume certified title opinion projects, due diligence for project acquisition and divestitures, purchase and sale agreements, joint ventures and joint operating agreements, as well as litigation of title and royalty claims.
Energy
- Oversees oil and gas title opinions and coal title opinions for unit order and specific parcels, as well as due diligence projects for E&P companies, PE funds and mineral buyers
- Represented E&P companies and independent contractors for wellpad operator injuries
- Obtained summary judgment on behalf of an E&P company over the commencement of operations under an oil and gas lease, with the decision upheld by the 6th Circuit.
- Obtained summary judgment in federal court on behalf of an E&P company over the market enhancement clause and calculation of deductions from royalties
- Represented several E&P companies in voluminous party royalty dispute litigation based upon competing historical agreements
- Defended an intentional trespass case against a midstream company for allegations of coal sterilization due to the location of the midstream line
- Resolved numerous disputes with landowners regarding surface usage and location of access roadways
- Closed on numerous surface acquisitions for both E&P and midstream companies
Commercial Litigation
- Successfully defended a biomedical manufacturer in a fatality arising out of a third party substituting non-OEM replacement parts and causing an equipment malfunction
- Successfully defended defamation allegations against another attorney due to advertisements published online and in newspapers. Won on a Motion to Dismiss and upheld by the West Virginia Intermediate Court of Appeals
- Successfully resolved a horrific burn case on behalf of a product manufacturer involving a surviving victim with third degree burns over 70% of his body through coordination of the SIR and several layers of excess insurance
- Successfully represented a police officer against wrongful death allegations arising out of a police chase of a motorcycle which ended in fatality
- Successfully resolved a commercial fire loss of an income producing self storage warehouse where the cause and origin were in dispute
- Handles numerous claims against and declaratory judgment actions on behalf of commercial general liability carriers
- Successfully handled numerous cargo theft claims on behalf of a freight broker
- Successfully handled hundreds of motor vehicle and articulated vehicle accidents involving expert accident reconstruction testimony
Truck Litigation
- Defended trucking company and driver in a multiple vehicle and multiple fatality accident in which we successfully excluded Plaintiffs’ experts under Daubert due to the electronic control module failing to record the last stop data; also led the 24/7 emergency response
- Defended trucking company and driver in a motorcycle versus overturned trailer case where the motorcyclist drove into the top of the trailer and died upon impact. Truck driver experienced a medical emergency and motorcyclist blood toxicity were at issue.
- Defended trucking company and driver when a trailer overturned on a curve on top of a family vehicle resulting in a fatality in the passenger vehicle; also led the 24/7 emergency response
- Defended truck insurance carrier in a fatal accident that occurred as a tractor trailer rounded a blind curve, cut across the center line and impacted a passenger vehicle; also led the 24/7 emergency response
- Defended truck driver and trucking company in a fatal t-bone accident occurring with a passenger vehicle that accelerated forward to avoid another tractor trailer approaching the rear of the passenger vehicle; led the 24/7 emergency response
- Defended trucking company and driver when tractor trailer drifted outside the fog line on a major highway and impacted a good Samaritan refueling a car on the shoulder
- Defended truck insurance carrier in a fatal one vehicle accident in which suicide by driver was at issue; also led the 24/7 emergency response
- Defended a contractor that loaded a flatbed trailer which later overturned due to operator error and caused the operator fatality
- Represented tucking company in a fatal accident where a passenger truck hydroplaned, crossed over the median and entered the truck’s lane for a direct frontal impact
- Numerous garbage truck impact cases involving both moving and parked passenger vehicles
- Amicus Curiae brief to the United States Supreme Court on the application of the MCS90 endorsement
Title – Real Estate
- Litigation over diminution of value arising out of alleged non-specific exception for oil, gas and minerals in West Virginia while applying Pennsylvania contract law in a Florida forum
- Litigation over a $1M mechanics lien and its alleged priority over a purchase money mortgage following a bankruptcy sale
- Litigation involving a private mortgage lien granted by the homeowner and held by the homeowner and whether same was discharged in a bankruptcy sale due to notice of sale given to the homeowner and the limited appearance of homeowner counsel
- Mortgage and judgment lien priority litigation
- Paper street litigation
- Failure to include exceptions for oil and gas rights in title insurance policies
- Numerous easement by necessity, equitable easements and prescriptive easement matters
- Amicus Curiae brief to the Arizona Supreme Court regarding damages recoverable under a title insurance policy
- Access issues and title insurance coverage determination for California property matter
Admissions
- Michigan
- Ohio
- Pennsylvania
- West Virginia
- Supreme Court of the United States
- U.S. District Court, Middle, Eastern and Western Districts of Pennsylvania
- U.S. District Court, Northern and Southern Districts of Ohio
- U.S. District Court, Southern and Northern Districts of West Virginia
- U.S. Bankruptcy Court, Northern District of Ohio
- U.S. Circuit Court of Appeals, Sixth Circuit
Memberships
- Allegheny County Bar Association
- Ohio State Bar Association
- Pennsylvania Bar Association
- Energy & Mineral Law Foundation
Community Involvement
- Fort Cherry High School Baseball (Volunteer Assistant Coach)
- McDonald Volunteer Fire Department (Pro Bono Counsel)
- North Fayette Zoning Hearing Board Chairman
Education
- J.D., University of Pittsburgh School of Law, 1998
- B.A., cum laude, Economics, Washington & Jefferson College, 1995
Honors
- AV Preeminent® Peer Review Rated by Martindale-Hubbell®
- Pennsylvania Super Lawyers® 2013
- Pennsylvania Super Lawyers® – Rising Stars 2005–2006 and 2010–2012
- Who’s Who In Energy 2014-2017