Miriam R. Nemetz

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.

Punitive Damages

• 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.