Miriam Nemetz is a member of the Supreme Court & Appellate practice in Mayer Brown’s Washington DC office. Miriam has briefed dozens of cases in state and federal appellate courts and the US Supreme Court, and has argued before the US Courts of Appeals for the DC, Second, Sixth and Seventh Circuits. Miriam handles a wide variety of appeals but has developed specialized expertise in cases involving punitive damages and employment-related claims. Since 2009, Miriam has been selected by her peers every year for inclusion in 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.
Before joining Mayer Brown in 1997, Miriam served for two years as an Associate Counsel in the White House, where she responded to Congressional and Independent Counsel investigations of the President and White House officials. Previously, she was a litigator at another prominent law firm in Washington DC. After graduation from law school, she served as Law Clerk to The Honorable Edward N. Cahn, US District Court for the Eastern District of Pennsylvania.
- Represented Illinois employer in post-verdict proceedings and appeal in case involving claims of age and disability discrimination and retaliation; persuaded district court to reduce punitive award for retaliation from $3 million to $18,000.
- Represented Missouri employer in post-verdict proceedings in case involving $10 million award of punitive damages for alleged sexual harassment and retaliation.
- Represented Colorado employer in post-verdict proceedings and appeal in case involving $43 million award of punitive damages for retaliation.
- Represent New York employer in post-verdict proceedings in case involving $24 million punitive award for claims of hostile work environment and intentional infliction of emotional distress.
- Represented financial institution in Missouri Court of Appeals in appeal from $92 million punitive award in consumer class action; obtained new trial on punitive damages.
- 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.
Breach of Contract And Business Regulation
- Represented large hotel corporation in responding to appeal of summary judgment rejecting claims alleging breach of exclusive contract to provide television and internet services to hotel properties; New Jersey appellate court affirmed judgment for defendant.
- Represented pharmaceutical company in arbitrations regarding rights to sell blockbuster drug.
- Represented financial institution in appeal from $239 million verdict involving vendor’s claim of fraudulent inducement and breach of contract; obtained reversal of $200 million punitive award.
- Represented New York real estate developer in successful appeal from denial of brownfield development status.
- Represented U.S. Postal Service in successful appeal from order of Postal Regulatory Commission barring certain licensing arrangements.
- Represented accounting firm in successful appeal from order of Office of Comptroller of Currency imposing liability under FIFRA.
Harvard College, BA, summa cum laude
Detur Prize; Phi Beta Kappa
Harvard Law School, JD, magna cum laude
- District of Columbia
- US Supreme Court
- US Court of Appeals for the District of Columbia Circuit
- US Court of Appeals for the First Circuit
- US Court of Appeals for the Second Circuit
- US Court of Appeals for the Third Circuit
- US Court of Appeals for the Fourth Circuit
- US Court of Appeals for the Sixth Circuit
- US Court of Appeals for the Seventh Circuit
- US Court of Appeals for the Ninth Circuit
- US Court of Appeals for the Eleventh Circuit