Miriam R. Nemetz
Partner
mnemetz@mayerbrown.com
Washington DC
Ph: +1 202 263 3253
Fax: +1 202 263 5253

Experience

Miriam Nemetz focuses her practice on appellate litigation and briefing dispositive and class certification motions. Miriam has briefed dozens of cases in state and federal appellate courts and the U.S. Supreme Court, and has argued before the US Courts of Appeals for the D.C., Second, and Seventh Circuits. Miriam was selected by her peers for inclusion in the 2009, 2010 and 2011 editions of The Best Lawyers In America in the specialty of Appellate Law. She is a co-author of Mayer Brown's Federal Appellate Practice treatise, published by BNA Books in December 2008. Miriam has significant experience in cases involving punitive damages; consumer class actions; complex commercial disputes; employment discrimination; and the dormant Commerce Clause.

Before joining Mayer Brown in 1997, Miriam served as Associate Counsel to the President (The White House, 1995–1997) and, previously, was associated with another prominent law firm in Washington, DC. Between 1989 and 1990, she served as Law Clerk to The Honorable Edward N. Cahn, US District Court for the Eastern District of Pennsylvania.

Notable Engagements

  • Represent financial institution in Missouri Court of Appeals in appeal from $92 million punitive award in consumer class action (pending).
  • Represented real estate developer in appeal of administrative order denying admission into Brownfield Cleanup Program and entitlement to related tax credits; won favorable rulings from the New York State Supreme Court and the Appellate Division.
  • Represented pharmaceutical company in post-verdict proceedings in case involving claims of employment discrimination and retaliation; persuaded district court to reduce punitive award for retaliation from $3 million to $18,000.
  • Represented financial institution in appeal from $2.6 million punitive damages award arising from alleged violation of Fair Credit Reporting Act; the Sixth Circuit ordered the award reduced and, following a second appeal, ordered the award further reduced to an amount no greater than the $400,000 compensatory award.
  • Represented financial institution in post-verdict and appellate proceedings arising from claims relating to credit life insurance policy; persuaded trial court to reduce punitive awards of $30 million and $5 million to $5 million and $1 million, respectively, and obtained rulings on appeal that the $1 million award was unconstitutionally excessive and that the $5 million award should be vacated and remanded for a new trial.
  • Represented financial institution in appeal to Mississippi Supreme Court from $5 million punitive award regarding “force-placed” insurance; the court reversed and rendered judgment in favor of defendant on plaintiffs’ fraud, fiduciary duty, and good faith and fair dealing claims, ordered a new trial on the one remaining claim, and indicated that the punitive damages were excessive.

Education

Harvard Law School, JD, magna cum laude, 1989 • Harvard College, BA, summa cum laude, 1985; Detur Prize; Phi Beta Kappa

Admissions

  • US Court of Appeals for the District of Columbia (1997), Second (2005), Third (2003), Fourth (1994), Sixth (2001), Seventh (2007) and Eleventh (2004) Circuits
  • US Supreme Court, 1999
  • District of Columbia, 1992
  • US District Court for the District of Columbia, 1992

Publications

  • “Effective Brief Writing,” Federal Appellate Practice, BNA Books, 2008
  • Introduction to Collection of In-Chambers Opinions by the Justices of the Supreme Court of the United States, (co-author) Green Bag April 2004
  • "Business Cases: Mix of Wins and Losses," National Law Journal S6, August 4, 2003

Seminars & Presentations

  • "The Most Important Supreme Court Business Decision You Haven't Heard Of," Mayer Brown LLP Webinar, August 3, 2009
  • American Council of Life Insurers, 2007 Annual Meeting, 2007 Litigation Trends:  Life Insurers’ Perspectives, Oct. 23, 2007
  • Solid Waste Association Federation of New York, Solid Waste & Recycling Conference, Panel on Constitutionality of Flow Control, May 7, 2007
  • Washington Legal Foundation Media Briefing, Review of the Supreme Court Term, Feb. 12, 2003
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