Charles T. Miers

Charles Miers focuses his practice on litigation in the areas of commercial litigation, employment issues, maritime claims, product liability claims, toxic and mass tort claims, class action defense, and wrongful death and personal injury claims. Mr. Miers also works vigorously works with clients in resolving disputes to avoid litigation.

• University of Houston Law Center, Houston, Texas (J.D., 1992)
  • National Moot Court Team
• Texas State University (B.A., summa cum laude, 1989)

• All Texas State and Federal Courts
• Pro Hac Vice admissions to numerous other State Courts

• In a class action, defended an oil company against claims of damages resulting from an oil spill in Louisiana and the subsequent remediation. The trial court denied certification and a Louisiana appellate court upheld the trial court’s denial of class certification. Plaintiffs dismissed their claims
• Currently defending a service company that leased property in conjunction with clean up of an oil and gas drilling operation against a premise owner's claim of property damage for naturally occurring radioactive waste
• Represented a pipeline company in a maritime limitations action related to damages caused to a pipeline when an mobile offshore drilling unit sank in the Gulf of Mexico
• Successfully defended an oil and gas exploration company against wrongful death claims when a subcontractor’s sixteen year old worker died during onshore refurbishment of an offshore platform. A first Harris County, Texas jury did not reach a verdict, but a second Harris County jury rendered a defense verdict. Because the client had no responsibility for the worker's death, the Louisiana Anti-Indemnity Oil Field Act did not protect the subcontractor, and the client recovered all attorney fees and defense costs pursuant to an indemnity agreement
• In the Fifth Circuit Court of Appeals, defended an oilfield services company in an appeal of a jury verdict awarding damages for wrongful death that occurred when a valve malfunctioned on an offshore oil and gas platform. Successfully obtained a new trial based on the trial judge's improper comments on the evidence. The company settled on favorable terms after the appellate court reversed the trial court's judgment and remanded the case to the trial court for a new trial
• Represented an oilfield services company in a breach of contract case, when its supplier provided defective equipment related to a subsea manifold that was installed on a floating production platform. This matter successfully resolved on the eve of trial with the supplier paying our client several million dollars
• Represented an oilfield services company against a personal injury claim brought by a worker who was seriously injured when an uncontrolled pressure release occurred. The case settled after mediation on substantially favorable terms to the client
• Successfully defended an oil company in an employment discrimination suit filed by a former employee after she was released during a reduction in work force. The court granted a take-nothing judgment in the client’s favor and the Fifth Circuit affirmed the judgment
• In a breach of contract case, represented an oilfield service company when a company failed to pay for high pressure flow line products and inspection services claiming the flow line products were defective. The case was settled for more than 95% of the outstanding balance
• Defended a chemical company and a trucking company in a class action against personal injury and property damage claims that occurred when a tanker truck leaked chemical wastes along a roadway. A Louisiana trial court certified the class, and the case settled on favorable terms after 2 weeks of a Bellwether trial
• Defended an environmental remediation company in a mass tort case related to an injection well site in Louisiana. This case involved 1,000s of plaintiffs and 100s of defendants and was favorably settled as a class action
• In a breach of contract case, represented a multinational chemical company that sold nitrous oxide pollution credits. The New Jersey Department of Environmental Quality recognized the validity of nitrous oxide credits for years, but refused to approve the sale rendering performance of the contract impracticable. After prevailing at trial, the appellate court clarified the rules regarding impracticability of performance. This case settled on favorable terms after appeal
• Defended a trucking company in a property damage case where they were sued when their truck overturned and released diesel fuel. Negotiated settlement for substantially less than expected 
• Defended an international chemical company who was sued along with numerous other defendants in a number of cases in Jefferson County, Texas all alleging chemical exposure from synthetic rubber facilities in Port Arthur, Texas. Successfully removed the cases to federal court based on federal officer’s jurisdiction. After the federal court denied plaintiffs’ motion to remand the cases back to state court, convinced counsel for plaintiffs to dismiss client from all of the suits in exchange for an agreement not to oppose an amended motion to remand
• Defended a multinational life science company seeking enforcement of an indemnity agreement related to the disposal of waste materials. The First Court of Appeals rendered judgment and awarded over $700,000.00 in attorney fees and costs to the client. This case is reported at E.I. Du Pont de Nemours and Company v. Shell Oil Company, 259 S.W.3d 800 (Houston [1^st Dist.] 2008, pet. denied)
• Managed a team of attorneys defending silica premises and product liability cases for a multinational chemical company in Texas, Louisiana, Mississippi, and Alabama. Until creation of the Harris County Silica Multi-District Litigation, my team obtained thousands of dismissals or successfully negotiated hundreds of nuisance value settlements
• Defended a chemical company for alleged failure to sell methanol in a breach of contract case governed by the Uniform Commercial Code. Prevailed on cross motions for summary judgment because the buyer failed to provide suitable transportation for methanol. Successfully handled the appeal before the Fourteenth Court of Appeals
• Defended a food service technology company in a product liability case involving an employee's personal injuries allegedly incurred during cleaning of an industrial oven. This case resolved on beneficial terms after mediation
• Defended a multinational chemical company against allegations from orchard owners that a fungicide damaged crops as a part of a trial team in a three-month jury trial in Eagle Pass, Texas. The trial court overturned its judgment for the orchard growers after we gathered evidence showing that jury tampering occurred. After the trial court's ruling on post trial motions the case successfully resolved
• Handled numerous property rights cases and successfully tried to verdict a condemnation/takings case
• Drafted and negotiated a wide variety of complex contracts, including such things as master services agreements, requests for proposals, scope of services agreements, sales and services agreements, settlement and release agreements, and various other contracts as requested

• Defense Research Institute, Professionalism & Ethics and Technology Committees
• State Bar of Texas
• Houston Bar Association
  - Communities in Schools Committee
• Texas Bar Foundation, Life Fellow
• Litigation Counsel of America, Fellow
• Bar Association of the Fifth Circuit