United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Fourth Circuit
U.S. District Court – Central District of California
U.S. District Court – Northern District of California
U.S. District Court – District of Colorado
U.S. District Court – Central District of Illinois
U.S. District Court – Northern District of Illinois
U.S. District Court – Western District of Pennsylvania
U.S. District Court – Western District of New York
U.S. District Court – Northern District of New York
Jonathan Miller is the Managing Partner at Nye, Stirling, Hale, Miller & Sweet LLP, where he focuses on handling complex civil litigation. Jonathan has represented Fortune 500 companies, public entities, universities, and individuals in cases involving higher education law, civil rights, wrongful termination, consumer class actions, unfair business practices, catastrophic personal injury, and copyright, trademark and patent infringement.
Jonathan has served as lead trial and appellate counsel in numerous cases in state and federal courts across the country, where he has secured both multi-million-dollar plaintiff awards and defense verdicts for his individual and institutional clients. He has also served as Lead Counsel in multiple state and nationwide class action cases. Jonathan’s trial and appellate experience allows him to obtain creative, effective, and efficient resolutions for many of his clients short of having to expend such efforts.
In the area of primary and higher education law, Jonathan has represented numerous K-12 schools and universities both as litigation and general counsel in a wide range of legal issues, including claims arising under section 1983, Title II and Title III of the Americans with Disabilities Act (“ADA”), and Title VII and Title IX of the Civil Rights Act. He also advises his clients on Department of Education regulations and guidance through the Office of Civil Rights. This includes Clery Act compliance and privacy issues arising under FERPA, as well as state law issues involving Skelly rights, POBRA, and internal affairs investigations. Jonathan has further represented universities in administrative trials and arbitrations, including matters involving faculty privilege and tenure and staff employment under union contracts. His broad experience has allowed him to successfully resolve matters involving claims for constitutional due process, sexual assault, and serious bodily injury.
Jonathan shares the firm’s commitment to utilizing its extensive litigation experience to undertake “cases with causes.” He has represented individuals in landmark cases involving childhood sexual abuse, whistleblower retaliation, and disability rights. Jonathan’s representation has included serving as Co-Lead trial counsel in Doe v. Boy Scouts of America, which was the first case in the country to compel the Boy Scouts to produce the last 20 years of secret perversion files. He was instrumental in taking the case to trial and obtaining a significant confidential settlement after cross-examining Boy Scout leaders on these issues. Jonathan also currently represents numerous survivors in In re: Boy Scouts of America and Delaware BSA, LLC, which is the largest national bankruptcy of its kind involving sexual abuse survivor claims. Jonathan is also currently Co-Lead counsel in O’Connor et al. v. Diocese of Pittsburgh, et al., a groundbreaking pro bono class action suit on behalf of sexual abuse survivors against eight Roman Catholic dioceses across Pennsylvania, based on a novel mandamus and public nuisance theory, seeking the release of the Church’s extensive secret files to law enforcement.
Jonathan also has extensive experience in both defending and representing entities and individuals in whistleblower retaliation and civil rights claims. In Terris v. The County of Santa Barbara, et al., he successfully defended his clients and obtained a published appellate decision that affirmed the right of public entities to require administrative exhaustion prior to individuals pursuing whistleblower claims. At the time, the administrative exhaustion requirement had been called into doubt requiring public entities across the state to defend against such claims. The Terris decision has been cited and adopted by numerous trial and appellate courts evaluating public entity liability for such claims. In Ast v. City of Santa Maria, Jonathan represented three high-ranking Lieutenants who blew the whistle against the police department for purportedly concealing the rape of a minor by one of their officers. The Lieutenants claimed they were subsequently retaliated against and dismissed by the City. Through a public multi-week arbitration, Jonathan obtained a 46-page decision exonerating the Lieutenants. When the City manager reversed the arbitrator’s decision, Jonathan filed a subsequent civil rights action in federal court resulting in a confidential settlement. Similarly, in Bryden v. City of Santa Barbara, Jonathan represented a dispatcher who blew the whistle on the City’s testing practices for the 911 call center applicants. He pursued the case for his client through trial and obtained a $1.28 million verdict on his client’s civil rights and employment claims, which represented 100% of his client’s economic loss.
Jonathan also counsels individuals, associations, and entities regarding disability rights arising under the ADA, Rehabilitation Act, Affordable Care Act, and various California statutes. This experience has permitted him to assist local and national organizations, such Alpha Resource Center and the American Council of the Blind. Jonathan currently serves as Co-Lead counsel in two nationwide class actions, Vargas et al v. Quest Diagnostics Clinical Laboratories, Inc., 19-cv-08108-DMG-MRW (C.D. Cal.) and Davis et al. v. Laboratory Corporation of America Holdings, 20-cv-00893 (C.D. Cal.), which seek greater access to healthcare services for blind individuals.
Jonathan enjoys an AV® Preeminent™ rating from Martindale-Hubbell, the highest rating given practicing attorneys by their peers in terms of both professional competence and ethics.
Jonathan currently serves as a member of the Local Rules Advisory Committee for the United States District Court, Central District of California. He has also been appointed by the courts to serve as a discovery referee.
Jonathan is a graduate of The Pennsylvania State University, where he received his undergraduate and law degrees. He volunteers his time with several non-profit organizations, including serving as a Board member on the Smith-Magenis Syndrome Research Foundation (“SMSRF”). Jonathan has also previously served as the Chair of the Santa Barbara Region Chamber of Commerce, and as an adjunct professor at the Santa Barbara College of Law teaching Intellectual Property.